Those wishing to relocate permanently to the US and those desiring to visit the US for a temporary amount of time must apply and be approved for a visa prior to traveling to the country. There are many types of visas, and it is essential that the foreign national applies for the correct class of visa. Contact our firm for knowledgeable assistance with your visa matters.

Immigrant Visas

Those wishing to obtain permanent legal resident status in the US, or a green card, must apply for an immigrant visa. Currently, the main ways to receive immigrant status are through family-based immigration or employment-based immigration.

• Family-based immigration. US citizens can sponsor spouses, minor and adult children, parents and siblings. Legal permanent residents only may sponsor spouses and children. In order to sponsor a family member for immigration, the citizen or legal permanent resident must be able to prove their ability to support the family member 125% above the mandated poverty line. There is a priority system for entry of family members, with preference being given first to unmarried adult children of US citizens; second to spouses of lawful permanent residents, their unmarried minor or adult children; followed by married children of US citizens; and lastly, siblings of adult US citizens.
• Employment-based immigration. There are currently four classes of employment-based immigration, listed in order of preference: priority workers; professionals with advanced degrees and persons with exceptional abilities; skilled, professional and other workers and special immigrants. For most employment-based visas, employers need to apply for and receive a labor certification from the Department of Labor before visas will be issued for new workers.

There is also a special category for immigration through investment, which allows up to 10,000 qualified aliens to receive permanent resident status based on their involvement in a new commercial enterprise in the US.

Nonimmigrant Visas

Nonimmigrant visas are available to those who want to travel to the US for a specific purpose for a limited amount of time, such as for education, business and temporary employment. There are over 80 different types of nonimmigrant visas. Some of the most common types are:

• Visitor visas (for business and pleasure)
• Student visas
• Temporary work visas
• Fiancé(é) visas
• Intracompany transferee visas
• Foreign government official visas
• Crewmen visas
• Exchange visitor visas
• Religious worker visas

To obtain a nonimmigrant visa, the foreign national must apply through the US consulate or embassy located in or nearest to his or her home country. Those applying for these visas must demonstrate significant ties to their home country and a desire to return home once their time in the US comes to an end. Those who overstay nonimmigrant visas or use them as a pretext to enter the US with the intention of remaining permanently will be subject to removal.

Asylum and Refugees

In addition to family and employment-based visas, the US also admits those seeking protection from persecution in their home countries either as refugees or asylees.

• Refugee status is for those who cannot return to their home country and are otherwise living outside of their home country because they have been persecuted or have a well-founded fear of persecution based on their race, religion, nationality, political opinion or membership in a specific social group. Each year, the US President and Congress determine how many refugees will be eligible for resettlement in the US based on the world refugee population.
• Asylee status is for those who are already in the US and qualify for refugee status or for those who arrive at a US port of entry seeking protection by entering the US. The US does not limit the number of asylum seekers who may enter the US each year (unless their applications are based on fleeing coercive population control measures by their home governments).

After one year in the US, refugees must apply for legal permanent resident status. Asylees, however, are not required to apply, but it may be in their best interests to seek the change in status.

Those who are not eligible for legal permanent resident status or for refugee or asylee status still may be eligible to gain status through the diversity lottery. The diversity lottery randomly selects 50,000 foreign nationals each year for legal permanent resident status from countries with low immigration rates to the US. To be eligible, the applicants must meet specific requirements, including attaining a high school education or equivalent or meeting certain work experience requirements.

Conclusion

For assistance choosing the appropriate type of visa, applying for a visa or seeking a change in visa status, contact an experienced immigration attorney at our firm.

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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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