Immigration law is complicated and can be intimidating. If you or a loved one is considering immigration to the United States, you may find yourself overwhelmed and unsure where to begin.
Today, we’re going to take a “big picture” look at the immigration process. This will hopefully help you understand the system and give you an idea of where to begin. And if you’d like help, we are here for you!
First of all, understand that immigration to the US is a numbers game. There are quotas for the number of people who can immigrate to the U.S. every year. The annual limit is 675,000, though there are exceptions for close family members. There are four main categories that immigrants can use.
The largest is the family-based category. This category permits U.S. citizens or lawful permanent residents (green card holders) to bring specific family members to the U.S. There are two broad classifications in the family-based category: immediate family and the family preference system.
Immediate family includes spouses of U.S. citizens, unmarried children of U.S. citizens who are under the age of 21, and parents of adult U.S. citizens. There are no annual limits on visas in this category.
People eligible for visas under the family preference system include adult children of U.S. citizens, brothers and sisters of U.S. citizens, and the spouses and children of lawful permanent residents. There are annual limits in this category.
The first step in immigrating to the U.S. in the family-based category is to have the relative who is a U.S. citizen fill out a petition on your behalf. The petitioner needs to meet minimum income requirements and sign an affidavit stating they will be financially responsible for you.
The second-largest category is based on employment. There are both permanent and temporary options in the employment-based category.
The permanent option, the green card option, admits 140,000 people per year. There are five categories: people of extraordinary abilities; professionals holding advanced degrees; skilled workers; workers in certain “special” professions, including religious workers; and investors who spend $500,000 to $1,000,000 to create a business that employs at least ten U.S. workers.
Many people come to the U.S. on temporary work visas. Usually an employer sponsors the visa holder for a specific job. Visa holders frequently apply for permanent residency via a green card.
The third option is political asylum. Approximately 80,000 people annually are granted permanent residence in the U.S. as refugees or asylees. These are people who have a “well-founded fear of persecution” if they return to their home countries.
The Diversity Visa Lottery is the fourth common category for attaining U.S. residence. Every year 50,000 visas are awarded based on the results of a random drawing. To be eligible the individual must have either a high school degree or have two years experience working in a profession requiring two years of experience or training.
One thing to note is that some categories—such as refugee status—require that you submit a petition yourself, whereas others—such as the family-based category—require that someone else files a petition on your behalf. You need to make sure you understand all the requirements for your particular category.
If you have a green card, how do you become a citizen? You may apply for citizenship if you’ve had a green card for at least five years (three if you attained your green card through marrying a U.S. citizen).
We hope this information is helpful, and we’re always glad to answer your questions. Please reach out to us today if you’d like to learn more!
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