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How to Immigrate to the United States 

Immigrating to the United States is an exciting prospect! There are many ways to immigrate to the US, however, there are three main methods people use to enter the country: (a) Family (b) Business (c) Humanitarian. Within these categories, there are immigrant visas and nonimmigrant visas.

 

  • Immigrant Visas: grant a green card, which means you become a lawful permanent resident (LPR) and can apply for citizenship after a certain amount of time

  • Nonimmigrant Visas: this grants temporary status in the United States. Must be renewed or extended depending on the type of visa. 

 

Family Based Immigration 

Under this type of immigration, you may be able to bring certain US relatives, including: Parents, Spouses, Fiancées, Children, and Siblings.  

Some familial relationship are subject to numerical limitations, and how soon a family member can join you in the US depends on the relationship. Most visas for family-based immigration are immigrant visas (meaning the beneficiary will obtain a green card), except for the K1/K3 fiancée & foreign spouse visas.

Employment-Based Immigration

Like family-based immigration, there are numerical limits on the types of visas issued under each category of Employment-based immigration. There are employment sponsored preferences such as: 

  • E1- Priority workers 

  • E2- Members of Professions with advanced degrees or persons with exceptional ability 

  • E3- Skilled workers, professionals, and other workers 

  • E4- Certain special immigrants 

  • E5- Investors 

 

E Visa holders are given green cards, meaning they become lawful permanent residents. Under each category, most workers require sponsorship with the exception of the E5 investors. In addition, some employers are required to undergo the PERM (Labor Certification) process in order to sponsor a worker. 

Other nonimmigrant worker visas are available for temporary workers, such as the H1B specialty occupation workers, H1C registered nurses, H2A agricultural work, H3 trainees, H2B nonagricultural seasonal work.  These workers must leave the US as soon as the duration of their stay expires. 

Humanitarian and Asylum Based Immigration 

Requirements for this category change often. This is because eligibility for this type of aid is based on global events, which are constantly changing and evolving. Recent updates in Asylum law has made qualifying for this type of aid extremely challenging. In addition to Asylum protection, applicants may file for TPS (Temporary Protected Status), a U or T Visa for victims of trafficking and certain crimes, under VAWA for victims of domestic violence married to US citizens, and under the Convention Against Torture. 

Visa Lottery: the “Diversity Immigrant Visa” Green Card Lottery

If all else fails, apply for the Diversity Visa program. Each year, a number of allocated visas (55,000) are given to nationals of certain countries in order to diversify the population of the US. Application dates are very narrow and applicants are subject to former President Trump’s proclamation prohibiting entry of certain immigrants who pose a risk to the labor market due to COVID-19. 

If you’re ready to immigrate the United States, call us today at (713) 909 0752 or email at admin@nslawpllc.com to set up a consultation.  

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