If you, a family member or friends are considering immigration to the United States, it’s important to do thorough research about the United States’ immigration system before diving into this complicated process. Key points to consider include: necessary immigration forms, the potential necessity of hiring an immigration attorney, green cards and immigration eligibility.
Consider these common questions about the process of U.S. Immigration:
What exactly does “Immigration” mean?
In the United States, an immigrant is considered to be a person who is coming to the U.S. to remain permanently or for an indefinite period of time and who plans to make the United States their primary residence. A permanent resident of the U.S. is classified as an immigrant. Immigration to the U.S. is a process that is governed by federal law. The U.S. Citizenship and Immigration Services (USCIS) is the main department that deals with questions of immigration, and it is the federal Immigration and Nationality Act that ultimately regulates who is allowed to enter the U.S. on either a temporary or a permanent basis. This act also determines whom the U.S. government can deport from the country.
Do I need to hire an Immigration Lawyer?
Unfortunately, U.S. immigration laws are lengthy, complex and often difficult to understand. In fact, immigration laws in the U.S. are thought to be some of the most complicated and easily misunderstood parts of all federal U.S. law. For this reason, it is often a good idea for people seeking advice or assistance with immigration law to hire an immigration attorney. It’s often a good idea to try to seek information independently first, by going to the website of the USCIS, for example. Reaching beyond basic questions, however, may require the assistance of an immigration professional. An experienced immigration lawyer can help navigate the thorny business of applying for immigration. Look for an immigration lawyer in your area by checking out the website of the American Immigration Lawyers Association, check out our business listings for lawyers or utilize resources like advising.com.
Keep in mind that contacting the USCIS directly for advice may not be your best bet. Representatives are often poorly informed on policies and requirements and they are not legally responsible for providing you all the information you need for a successful and complete immigration application.
What is “Naturalization”?
Naturalization is defined as the act of making a person a citizen of the U.S. who was not born with U.S. citizenship status. Applying for citizenship means that you are applying for Naturalization.
Am I eligible to apply for Naturalization?
A person is eligible if any or all of the following are true:
What exactly is a Visa?
A visa is simply an authorization issued by a U.S. consulate that permits a person to come to a U.S. port or inspection point to apply to be admitted to the U.S.. The person must apply at the port or inspection point for a particular visa. A visa issued before arriving at a U.S. port or inspection point does not guarantee the right to enter the U.S.; it only gives the right to apply to be admitted.
Are there different kinds of visas?
There are two different types of U.S. visas: 1. Immigrant Visas, which is for people seeking to live in the U.S.; and 2. Non-Immigrant Visas, which is for people coming for a limited amount of time. Immigrant Visas have "per country-caps" (different for each country), while Non-Immigrant Visas do not. Most non-immigrant visas are granted for the purpose of working in the U.S., and typically require a standing job offer from U.S. business. An Immigrant Visa is the visa given to a person by a U.S. consulate once that person qualifies for permanent residence. After arriving in the U.S., the person will receive a Green Card (see below). There are several applications for U.S. residence some are, each requiring different immigration forms. Some examples include: Family Relations Visas, Religious Worker Visa, Employment Based Visas and Special Ability Visas, Lottery Diversity Visa, Investors/Entrepreneur Visas and Protected Status Visas.
What is a “Green Card”?
A Green Card is the common name for a Permanent Resident Card in the U.S.. It is evidence of a person’s status as a lawful permanent resident with a right to live and to work permanently in the U.S., to travel to and from the U.S. without a visa, and to work toward eligibility for U.S. citizenship. It also proves that a person has registered and submitted a Form I-551 application (Permanent Resident Card application) in accordance with the U.S. immigration laws.
What’s the first step to obtain a visa or Green Card?
A mentioned above, once you have decided what status you’re eligible for, you will need to obtain a visa at a U.S. consulate before leaving for the U.S.. If you're already in the United States legally, you may be able to apply to adjust your status or change your status with the help of an immigration attorney.
Finally, keep in mind that even if you clearly meet eligibility requirements for one or more types of U.S. immigration, U.S. Federal law reserves the right to decline your application. U.S. Immigration law includes several conditions which make a person inadmissible for immigration. This is an issue with which an immigration lawyer can be helpful.