Immigration to the USA

America was built by immigrants – a historical fact.

But it is equally true in our time that citizens from different countries continue to inject fresh "blood" into this state. Every year, the United States accepts over half a million legal migrants alone.

Another similar number of people strive to settle in the USA through various illegal means. What attracts everyone is one thing – the high standard of living in this country, along with its economic and political stability. It should be noted that the immigration legislation of the United States is quite cumbersome and often contradictory.

However, if we set aside the dry letter of the law, we can see that the foundation of U.S. immigration policy is based on principles of attracting highly qualified labor and family reunification.

It is quite difficult to suspect American officials, who issue visas, of bias – they treat any person wishing to move to the USA without prejudice. The restrictions on entry that appear from time to time are mainly related to immigration limits.

The immigration quota in the United States should not exceed 675,000 "permanent" visas. Moreover, each independent country can claim no more than 25,000 green cards. As is known, a green card holder can apply for full U.S. citizenship after five years, and if they marry a U.S. citizen, this period is reduced by two years.

Permanent residence in the USA

There are 3 main categories for obtaining permanent residence in the USA: Family, Employment, and Lottery.

A. Family. The following categories of relatives of U.S. citizens and lawful residents in the USA can apply for immigration status based on family ties:

- spouses of U.S. citizens or lawful residents
- children of U.S. citizens
- siblings of U.S. citizens
- parents of U.S. citizens
- unmarried children of lawful residents in the USA

The degree of kinship determines the duration of the visa application process.

B. Employment The second way to obtain the right to permanent residence in the USA is through employment. This method is much more complicated than the family route, and the entire process often takes several years. Despite this, it is very popular, and the number of applicants grows every year, thus creating long virtual queues for the limited immigration visas issued.

A total of 5 categories of work visas have been created, divided by the level of preference by immigration authorities:

1. individuals with extraordinary abilities in their fields, renowned professors and researchers, managers and executives of international companies

2. professionals with higher education, individuals with exceptional abilities in the sciences, arts, or business
individuals engaged in work that significantly benefits the interests of the USA

3. skilled workers – experienced employees, specialists with intermediate education, and workers in short supply

4. special immigrants – religious workers

5. job creation, investment – a category for investors creating new companies and investing money in the U.S. economy

The second, third, and fourth categories imply an existing job offer in the USA and the employer's willingness to participate in the immigration document submission process.

C. Immigration Lottery

Every year, 55,000 visas are allocated for citizens of countries with low immigration to the USA over the past five years.

Lottery winners must adjust their status by the end of the year they receive the visa, and not everyone manages to do this in time.

Citizenship

Most lawful residents in the USA have the right to apply for American citizenship after 5 years of residence. Those who obtained lawful resident status as spouses of U.S. citizens can do so after 3 years, provided they remain married to the same U.S. citizen.

So, what are the legal ways to settle in the United States?

Fiancée Visa

Unfortunately, there are plenty of suitors in America, so men are advised not to worry. However, it seems that the situation with brides in the USA is not as favorable.

Therefore, entry as a fiancée in the United States is legislatively secured. A K-1 visa, commonly known as a fiancée visa, is issued for this purpose.

Such entry permits are practiced by many countries, but in the USA, this is perhaps one of the most complicated procedures.

The biggest problem is that after getting to know an American online, the chances for a woman to travel for a personal meeting with her potential husband are slim.

If there is no confirmation of personal acquaintance, the fiancée visa application process will not even begin. It creates a closed loop.

Therefore, it is helpful to clarify this topic a bit. It might seem logical to obtain a tourist visa for a week or two and then try to change status upon arrival. However, it should be said right away – this is a hopeless endeavor. A simple waste of money, nerves, and time. Immigration authorities strictly monitor to ensure that the country is not flooded with illegal immigrants under the guise of tourists. In this case, the suitor must understand that it will be him who has to come to meet you for a personal introduction.

If the American suitor's intentions are indeed serious and he is willing to step onto Russian soil for an introduction, then amidst romantic dreams, do not forget about the harsh reality – this fact needs to be well documented. For this, it is advisable to take as many joint photos as possible. It would be great if the photos captured not only the two of you but also your parents and children (if any). In addition to photographs, keep copies of airline tickets, phone bills, and hotel receipts.

Keep letters. If communication is conducted via the internet, ask your friend to send a couple of letters by regular mail, and you should also write a few warm words to your suitor.

All these documents should be in two copies – one for the suitor and one for you. The American submits them to the immigration service in his country, while you submit them to the U.S. embassy during the interview for the fiancée visa, as proof that the planned marriage is not fictitious.

The ideal scenario is when the suitor appears at the embassy with you. In this case, the process will go much faster. If all necessary documents are in order, the interview itself will take no more than 15 minutes. After all formalities are completed, you will be granted a fiancée visa. It can be used within six months.

However, upon entering the USA, it is valid for only three months. During this time, you must either get married or return home.

If upon closer acquaintance you are not disappointed in your choice and decide to solidify the relationship through marriage, you can legally stay in the United States as a wife.

But you will have to reapply for documents to obtain a green card.

Work Visa

If you are a very good specialist in a certain field, you can become a U.S. citizen starting with an H-1B work visa. This visa allows you to work in an American company and is issued for 3 years.

After this time, the visa can be extended for another similar period, but there will be no third chance. However, six years of work in the United States is usually enough to obtain a green card during that time.

For example, if you prove to be such a valuable employee that your employer has no desire to let you go back home, then after a few years, your American employer can file a petition for you to obtain permanent residency (of course, if you agree and document this). Here, too, you will have to go through a series of bureaucratic procedures, and if the process goes smoothly, you will become a green card holder.

The employer acts as your sponsor – this is also a kind of guarantee against fraud.

Immigration authorities will be assured that they are not sheltering another unemployed person in their country.

Now, let's discuss the exit process through a work visa, as there are nuances here as well.

First of all, a work visa is already a good thing. It gives you the right to legally stay in the country for an extended period and work legally.

Obtaining it is not considered "mission impossible," and having a work visa allows you to freely enter and exit the USA at any time, as many times as you wish.

Moreover, your family members also have the right to obtain entry visas.

The basis for issuing a work visa is a job offer from a company, firm, or individual.

In this case, the employer must officially notify the Department of Labor and obtain permission to hire you. To get the "green light" from officials, you must first be a highly qualified employee, which is confirmed by relevant diplomas of higher education. Secondly, the employer must confirm that the job he offers also requires a specialist with a high level of qualification.

Additionally, your specialty must match the required one. Furthermore, the firm must confirm that its financial capabilities allow for the payment of your labor.

For reference. In the view of immigration authorities, qualified professions include:
engineer, doctor, architect, programmer, financial analyst, computer engineer, pharmacologist, chemist, civil engineer, and several others.

Thus, it should be understood that if you are applying for an H-1B visa as a manager, sales agent, or a great plumber, your chances are slim.

Business Visa

This category of visa is called L-1. For example, if you have your own enterprise in Kyrgyzstan, you can open a branch of your Kyrgyz company in the USA and then start managing that branch, obtaining an L-1 visa. This visa is issued for one year, and if during this time your American firm thrives, the business visa can be extended for another 3 years. Moreover, you can now apply for permanent residency.

If you purchase an already existing company in the USA, a three-year L-1 visa is issued immediately, bypassing the one-year period (so to speak, the probation period).

To obtain a business visa, you must meet three conditions: your Kyrgyz and American businesses must be interconnected, you must have a job outside the USA, and you must have confirmation that a new job awaits you after you enter the United States.

As for the interconnections between the two firms, they do not necessarily have to be economic. The companies can engage in different businesses, and you, as the owner, will serve as proof of the connection. The last two conditions are even easier to fulfill.

When implementing the plan to open an L-1 visa, it is highly recommended to use the services of legal firms.

Despite the apparent simplicity, there can be many pitfalls in this matter.

For instance, the U.S. immigration service may grant you L-1 status, but that is not yet a visa. Next, you will need to prove to the consular officers that you are entering their country temporarily. If the consular official does not suspect anything, you will receive a business visa.

However, often a different route is taken. The businessman enters the USA on a visitor visa for company matters and then changes its status to an L-1 visa on-site.

Today, it is considered that the business visa is the fastest and most reliable option for obtaining a green card.

Refugee Status

The Geneva Convention on the Protection of Human Rights has been signed by both the United States and the state strictly adheres to these norms.

U.S. immigration legislation provides specific definitions for refugee status. It applies to a person who is persecuted in their homeland for various reasons (excluding criminal ones), or who has a well-founded fear of such persecution. In general, in our country, there are always cases of unfounded claims by the state. And if they seem insignificant to you, a good immigration lawyer can present everything in such a way that you appear to American officials as the most oppressed citizen in your homeland. The only difficulty is that applications for refugee status can only be submitted on U.S. territory. That is, you must first get there. The easiest way is to use the services of a travel agency.

Naturally, no one will take your word for it, so some evidence of violations of your human rights will be required.

Again, a lawyer can help, saving you from the need to gather kilograms of paperwork.

Green Card Lottery

Finally, the last legal way to emigrate to the USA is to win a green card in the lottery.

This lottery is conducted annually by the U.S. State Department. According to the adopted immigration diversification program, 50,000 green cards are drawn each year among countries with low immigration levels to America. If a person applies to participate in the lottery, after passing the tough but relatively simple selection criteria, they gain this right. The computer subsequently determines the winner without human involvement.

U.S. Government Immigration Institutions.

To understand immigration issues, one should first familiarize themselves with the U.S. government agencies that handle immigration applications and their characteristics. Individuals applying for immigration or non-immigration visas should know where to submit their documents.

The processing of green cards or visas occurs through one or more of the following U.S. government agencies - through the State Department, specifically through U.S. embassies and consulates located around the world, through the Immigration and Naturalization Service (INS), and through the Department of Labor.

What immigration functions does the U.S. State Department perform?

American visas are issued exclusively outside the USA through our country's consulates.

Consulates are part of the U.S. State Department.

Almost all U.S. consulates located in major cities around the world have visa departments.

However, not every consulate issues all types of visas.

To apply, you must contact the nearest consulate authorized to provide that type of visa.

Visa departments may deal with immigration or non-immigration visas. Some consulates handle only one type of visa.

If a consulate is not listed in the official list of those providing a particular type of visa, it means that it is not authorized to process that type of documentation.

U.S. consulates generally do not consider applications from foreigners from countries other than the country where the consulate is located.

However, in exceptional cases, this is possible. Most often, it is allowed to apply for a visa outside of one's homeland if the U.S. has no diplomatic relations with the government of that country.

If you are in the USA without status, you must return to your homeland to obtain a visa. Even if you have overstayed your status in the USA by just one day, your visa is automatically canceled, and you will have to return home and request a visa at the U.S. consulate in your country. If your status is not time-limited (as noted on form I-94), you have the right to change your status while remaining in the USA. In this case, you will lose your status only when the INS or an immigration judge rules on your illegal stay in the USA. U.S. consulates in some countries do not require the physical presence of the applicant when applying for a visa.

For example, the U.S. embassy in London insists that all applications (for British subjects) be sent by mail. Your presence there is only required in cases that necessitate a personal interview. Almost all applications for green cards, as well as some non-immigrant visas, require prior submission and approval of a petition. Petitions are submitted to the INS in the USA, not to the consulates.

However, if the petitioner – a U.S. citizen – lives abroad, the petition can be submitted to the U.S. consulate in the country of residence. Additional applications for green cards, aside from those handled by the visa departments of U.S. consulates, are processed by the State Department, which conducts the annual green card lottery. You can participate in the green card lottery by sending a registration form to the National Visa Center (NVC) at a special address within the established deadlines. The NVC is responsible for processing applications in the green card lottery and selecting winners. The NVC is organized by a private company in agreement with the State Department to facilitate the issuance of immigration visas abroad. After the INS approves the submitted green card application, the NVC sends the documents with instructions to the applicants and forwards their cases to the appropriate U.S. embassies abroad.

What does the Immigration and Naturalization Service do?

Most offices of the Immigration and Naturalization Service (INS) are located in the USA. The INS is part of the U.S. Department of Justice.

The INS processes various immigration and non-immigration petitions and applications.

There are about 60 INS offices in total. INS offices are divided into regional and local offices. Local offices primarily serve to accept documents that require further interviews. In some cases, local offices accept petitions and applications and forward them to regional offices for processing.

While local offices conduct interviews, regional offices perform the main work of reviewing applications. Applications that do not require interviews are generally sent by mail to the regional offices of the service. In the future, it is possible that all immigration petitions and applications will be accepted at these centers.

The processing procedure varies depending on the INS office. Generally, documents are accepted by the INS by mail. If this type of visa requires an interview, it is usually conducted at the local office after preliminary processing of the documents. Some INS offices, for example, in Honolulu, conduct interviews at the time of application, completing the entire process in one day.

More detailed information can be obtained by calling the INS information line. If you call, be prepared for the fact that the INS is poorly staffed, and the phone is often busy. When dealing with regional offices, you should also be ready for the fact that the information lines will often be busy, and you will hardly be able to speak with an immigration officer.

Because of this, it is difficult to obtain information about the current status of the case being reviewed.

Most applicants for a green card or immigration visa understandably want to receive them as soon as possible. If there is a quota for this type of visa, nothing can speed up the queue.

INS offices can only expedite the processing of documents in cases unrelated to quotas or when your turn has already come. Expedited processing is possible in cases where serious necessity can be demonstrated.

What is the role of the Department of Labor in the immigration process?

If your green card application is based on employment in the USA, a number of documents will need to be submitted to the Department of Labor. Accordingly, applications submitted to the INS or U.S. consulate for most employment-based green cards must be accompanied by an approved labor certification.

Exceptions are priority workers applying for a green card without labor certification. Other green card applications based on employment and for the non-immigrant H-2 visa must be accompanied by labor certification. Labor certification is the official recognition by the Department of Labor that there are no Americans willing to take the job offered to you. Labor certification must be completed before submitting the petition to the INS.

In some states, labor certification is processed in the Department's offices closest to the applicant's future workplace if the state is divided into geographic regions.

In other states, there are only central offices, usually located in the state capital.

Obtaining labor certification can sometimes take up to two years or more. As with INS offices, the waiting period depends on quotas, and processing cannot be expedited, but sometimes, in emergencies, delays in document processing can be overcome.

Many answers can be found on the forum govorimpro.us.

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