Immigration to the U.S. Guide http://www.immigrationintheus.org Tue, 22 Apr 2014 10:17:12 +0000 en-US hourly 1 http://wordpress.org/?v=4.2.5 Acquiring A Non-Immigrant Visa http://www.immigrationintheus.org/uncategorized/acquiring-non-immigrant-visa http://www.immigrationintheus.org/uncategorized/acquiring-non-immigrant-visa#comments Tue, 22 Apr 2014 10:17:12 +0000 http://www.immigrationintheus.org/?p=314 A non-immigrant visa is the kind of visa that can allow you to travel to any United States port of entry but with the permission granted by the Department of […]

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Non-Immigrant-VisaA non-immigrant visa is the kind of visa that can allow you to travel to any United States port of entry but with the permission granted by the Department of Homeland Security (DHS) for specific purpose. If you want to immigrate to the U.S. for certain time being for the purpose of employment, studying, attending a conference or perhaps to visit your families or friends or invited by an American citizen, the non-immigrant visa is what you need.

In comparison with the immigrant visa, an immigrant visa is the type of visa for those who seek to live in the U.S. permanently but have to undergo complex process specified by immigration policies. For a non-immigrant visa, the length of stay in the U.S. also depends on the purpose and visa status that will be given to the applicant by the officers of U.S Consular office right at the port of entry. For example, a foreign student who has his F-1 student visa may be given years of stay until he completes his degree. If his visa expires in the middle of his studies he may get a form from his school and apply for a visa validity renewal. While for a tourist visa which is also known as the B-2 visa, an individual who come to visit his parents may only be given up to six months.

Non-immigrant visas are generally considered the temporary visas and basically there are more than 30 different kinds of temporary visas that are issued on individuals with various level of non-immigrant status. From the athletes to the victims of human trafficking, their case are reviewed and given the types of visas they are eligible with. As well, each visa also has specific limitations and duration of stay in the U.S. In most cases, non-immigrant visas can also be renewed under the consideration of the Department of Homeland Security through its U.S. Citizenship and Immigration Services (USCIS) office.

Applying for a Non-Immigrant Visa

Your visa requirement depends on you purpose to come to the states. As a non-immigrant traveler, you will need a B-2 visa but for a business purpose you will need a B-1 visa. You can also have a combination of both if your purpose is tourism and do business (B-1/B-2 visa). For students who wish to study in America and wanted to have an F-1 visa, they are required to present authorization from their schools and countries and documentation before they apply for non-immigrant student visas. Fortunately, there is now a faster application process that you can try and this is through Online Non-immigrant Visa Application method. Below is an explanation on its significance.

Step-by-step Procedures on How to Apply for Non-immigrant Visa

    • Step 1
      Know the type of visa you need. Read the Common Nonimmigrant Visas. The important thing is you must know which visa classification you can qualify and also the requirements. The most common type of nonimmigrant visas are the business, tourist, student, work, exchange visitor, transit, ship crew, domestic employee, media or journalist and religious worker visa. People who need advanced medical attention can also apply for nonimmigrant visa with the recommendation of their local hospitals.
    • Step 2
      Ensure that you read carefully the Visa Waiver Program. If it happens that your country is among those that has Visa Waiver Program, you may not need a temporary visa if you travel for business purpose or even as a tourist. However, you may only be allowed to stay in the U.S. for 90 days or even less.
    • Step 3
      Download the DS-160 form but make sure you review the guidelines when completing it. You must input only accurate and correct answers because the consuls will likely find out lies and false info when you have your intensive interview. For those who cannot speak straight English they can get a translator or maybe an immigration lawyer. Copy the 10 digit barcode numbers from the DS-160 form. Submit the form right on the website where you have filled it up.
    • Step 4
      Go to a local bank accredited by the U.S. Embassy and present the ID number or the 10 digit code number that was in your DS-160 form and pay for the application fee. Download the U.S. Visa Appointment Form and fill it up. You can email the form to info@immigrationvisaforms.com. You can also fax it to 1-877-770-7096. Remember to keep your receipt number when booking for your visa interview appointment.
    • Step 5
      Wait for the U.S. Embassy’s reply for your scheduled appointment for interview. However prior to the interview appointment, you must be ready with the following:
      1.    Your passport. Memorize your passport number
      2.    Receipt number given by the bank when you have paid the visa application fee.
      3.    Ten digit barcode number which you got from the DS-160 form.
    • Step 6
      Go the U.S. Embassy for the interview. You must have with you the DS-160 confirmation page, one picture taken within the last six months as well as your old and current passports.
    • Step 7
      If you are successful and everything goes fine and your visa is approved, wait for your visa at your designated mailing location. You should therefore put a clear mailing address so that your visa mail would not get lost.

If you want more clarifications on how to acquire a nonimmigrant visa, do a lot of research. There are a lot of websites which the American government has put up to assist immigrants and non-immigrants alike with their visa applications. Immigration to the United States would seem a complex process and the application fees are non-transferable and non-refundable. So better make the best of it when you decide to apply for an immigrant or a non-immigrant visa.

 

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Immigration To The U.S. Through Political Asylum http://www.immigrationintheus.org/immigration-to-the-u-s-through-political-asylum/immigration-u-s-political-asylum http://www.immigrationintheus.org/immigration-to-the-u-s-through-political-asylum/immigration-u-s-political-asylum#comments Tue, 08 Apr 2014 10:30:17 +0000 http://www.immigrationintheus.org/?p=308 The privilege of granting people seeking political asylum is one of the most debated topics among immigration processes that require careful study not only by the state where the asylum […]

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Immigration-to-US The privilege of granting people seeking political asylum is one of the most debated topics among immigration processes that require careful study not only by the state where the asylum seekers wish to settle but also by the national government which ensure that every individual coming from other country should be clean.

When an individual is considered a political asylee, he or she can be a person who is undergoing persecution in his or her own country that forces him to request to another country for asylum. Therefore, the uneventful case that the asylee is in could be a case of severe political consequence that eventually put his life at risk.

In understanding the concept of political asylum, the case of a political asylee is almost the same as of that of a refugee. Only, they differ on the place where they have appealed for asylum. To be specific, a refugee usually asks for an asylum while living outside the United States while a political asylee usually is already in the states to avoid persecution and filed for asylum to make his stay legal.

On the other hand, it is mandatory that both the political asylee and the refugee must meet the requirements written under the Refugee Act of 1980. This Act is governed by refugee proceedings. If the asylum seeker fails to meet the requirements, there can be failure for the asylum request. However, if ever the individual will be granted the political asylum, he must stay for one year in the U.S. after the grant so he can apply for adjustment and can become a permanent resident of the United States.

The thing is, there is no limit on the number of political asyleees seeking asylum in the U.S. although under the Immigration Act of 1990, the ceiling was limited to 10,000 per year starting in 1991.

Procedures in Filing Application for Political Asylum

If you are seeking for an asylum right in the U.S., it is important that you know the procedures to make your stay as legal as possible. Here are the things you should do.

    • Complete the USCIS Form I-589 (Application for Asylum and for Withholding of Removal).
    • Send the USCIS form to the USCIS Service Center which covers your place of residence. You can also find more instructions at the back of the form. However, if you have already attended the proceedings in an immigration court you can also file the form right there.
    • While your case is being reviewed and you need to travel outside the U.S. you must ask for advance permission from the asylum court which is called Advance Parole. If not, you may not get the permission to go back to the U.S. once you leave the country.
    • Once your application for asylum gets approved and you want to travel, you must also apply for Refugee Travel Document.

So remember that when you arrive to any of the territories of the U.S., you must also do the following:

    • Must file for asylum permit right at the port of entry. It could be at the airport, border point or seaport.
    • Must file application for asylum within a year right after your arrival in the U.S.
    • You must also request for extension of filing duration if the condition in your country has not settled or if there is an event that has prevented you from filing asylum after your arrival.

After you have applied for asylum you will be notified to appear in asylum court and the asylum judge will hear your case and decide upon it. You will also expect that an asylum officer will interview you extensively to know if you are really eligible for asylum. Remember that the officers can grant or deny your request for asylum.

If you will not be eligible for asylum, you will be sent a notice which explains the denial of your request but you will still be given the chance to explain your case with the asylum judge. If you fail in this aspect, unfortunately, you will be considered automatically an illegal immigrant and the asylum officer will refer your case to an immigration judge. It is now at the hands of the immigration judge to consider you a valid or a non-valid immigrant so the worst case scenario is deportation.

You must also know that while you are an applicant for asylum, you are not permitted to work. So you must wait for 150 days for the go signal coming from the USCIS. If everything goes well, the USCIS will provide you employment authorization permit.

Advantages of Acquiring Political Asylum

Political-AsylumThere are a lot of advantages you can have for you and your family if ever you will be granted a political asylum. First, you can help secure your children’s future once you get your legal citizenship. You can even petition your family right after you get your green card. Second, you will be given the protection by the government much like any American. You can be free from persecution and live as a free individual.  And lastly, you can start a new life and will get the privilege the same as a legal citizen of America deserves.

In essence, the United States strongly recognize that immigrants regardless of their status (even illegal ones and political asylees) have their rights to be treated fairly. This country always follow a solid commitment to human rights that is why it wants other countries to follow its example of granting asylums to those who need it. So even the non-citizens of the United States who have fears of losing their human rights are greatly considered just to let them live like any free human being.

If you think you are qualified for political asylum and want to be a legal immigrant, seek the help of an American asylum attorney who knows about the rules and policies on the aspect of political asylum. He or she can examine your situation and if you are qualified to be a legal immigrant under the ruling of political asylum you will be advised and assisted properly.

 

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Parents Immigration To The United States http://www.immigrationintheus.org/parents-immigration-to-the-united-states/parents-immigration-united-states http://www.immigrationintheus.org/parents-immigration-to-the-united-states/parents-immigration-united-states#comments Wed, 09 Oct 2013 13:32:54 +0000 http://www.immigrationintheus.org/?p=296 The process of immigrating to the United States can be quite intimidating for other people because there are more people getting denied in acquiring U.S. visa than those who are […]

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Visa for Your Parents

Visa for Your Parents

The process of immigrating to the United States can be quite intimidating for other people because there are more people getting denied in acquiring U.S. visa than those who are successful. In fact, only around 30 percent of visa applicants out of the thousands of applicants in every country per year get their chances to have their visas and immigrate to the U.S. This is because the immigration policies of the U.S. which should be copied by all countries around the world are amenable only to those who deserve to be in the states. That’s why be it for a non-immigrant visa or an immigrant visa, one should comply with the rules the U.S. immigration system is imposing. This is to protect the national interest of America as well as its people from possible bad elements.

Visa for Your Parents

Furthermore, it is seen that among the visas that are less complicated to acquire are the US visas for parents. If you are at least 21 years old and an immigrant green-card holder, you are eligible to petition your parents to come to the U.S. and let them live and work there permanently. However, if you are still on having permanent residence, petitioning for your parents is not yet possible so you have to wait for enough time to completely acquire your green-card. Once you are ready you can proceed with your petition and in less than a year you can bring your parents right in the states.

There are two options on how to help your parents become permanent residents in the states. First, if your parents live outside the United States you must file your petition to the U.S. Citizenship and Immigration Services (USCIS) and wait for the result. Once your petition is approved you will be notified and must tell your parents to come to their country’s U.S. consulate to undergo the process for their immigrant visas. The second option, if your parents are already in the U.S., they can also apply for adjustment of their status from legal immigrants to permanent residents using Form I-485.

However, prior to filing your petition for your parents’ visa, you must understand that a “parent” means not only your father and mother. Your stepparent or adoptive parent can also be under the clause of the parent status. Nevertheless, you must prove by supporting documents that whoever you have identified as your parents are really your parents or in that case your stepparent or adoptive parent. The documents will be scrutinized by the U.S. immigration authorities and will base their approval under the conditions set within the U.S. immigration law.

Advantages of Getting Immigrant Visa for the Parents

Whenever your parents can have their permanent residence in the U.S., they automatically gain the rights to live in this country. They can go everywhere and free to live wherever they want. The good thing is, they can also work legally, enter and leave the country if they want to travel to other countries including to their original country. They can also vote during the elections when they apply and acquire U.S. citizenship after few months of being permanent residents. And because they become U.S. citizens they also gain the right for social benefits which every US lawful citizen of America deserves.

So start applying for your parents immigrant visa because this is your chance to live with your parents and let them experience living in a more developed country. If you want to know the procedures in applying for petition for parents’ visa visit the USCIS website and know the procedures. Inside this site you will know the significance of the Form l-130. Even the step-by-step procedures on how to petition your stepparents are included right in. You will also learn what to do in case your petition will be denied and the procedures on how you can appeal. Understanding immigration procedures is not actually complicated as long as you would be patient doing your research and reading more about the American immigration system.

Parents immigrating to the U.S. can do a lot of good not only to the immigrants but also to the U.S government. Even at the ripe age of 50 to 60 years old, healthy immigrant parents can still work and be assets to the American economy. Especially if they have education, they can use their skills in their work. The United States is a country that don’t discriminate people base from their race, religion, gender and even with age. As long as an immigrant is capable of working, he or she can be employed unlike with other countries that companies usually limit the working age of their workers to not more than 40 or 45 years of age. This is how it is nice to be a legal immigrant in the U.S.

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Immigration To The U.S. Through Fiancée Visa http://www.immigrationintheus.org/future-immigrants-to-the-united-states/immigration-u-s-fiancee-visa http://www.immigrationintheus.org/future-immigrants-to-the-united-states/immigration-u-s-fiancee-visa#comments Tue, 08 Oct 2013 07:24:31 +0000 http://www.immigrationintheus.org/?p=291 Immigration to the U.S. through fiancée visa like most people say is the most interesting process among the systems of acquiring citizenship. What makes this interesting? Because mainly the ones […]

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Through Fiancée Visa

Through Fiancée Visa

Immigration to the U.S. through fiancée visa like most people say is the most interesting process among the systems of acquiring citizenship. What makes this interesting? Because mainly the ones involved here would be two people living in two different countries but wanting to get married and settle in the U.S. Specifically there is the American citizen and the foreign national which in essence have mutual relationship and want to get involved through marriage.

With the revolutionary forms of online dating, people building their relationships through the web becomes common which most of the times can lead to marriage proposal and the filing of fiancée visa. Known as the K-1 visa, the fiancée visa can be granted to a foreign fiancée when an American citizen files a petition in the goal of marrying the fiancée and make him or her absolute legal immigrant of the U.S. And just like other ways of how to legally petition individuals to America, certain criteria should be met by the petitioner and the fiancée. There would be various forms that must be filled up to show that the relationship is legitimate and not involving any dishonesty to the law.

Why The Strict Rules in the Fiancée Visa?

In the past, filing fiancée visa would seem so easy for single, divorced or widowed American citizens to marry single individuals living outside the U.S. The couples would build their long distance relationship, the American citizen proves to immigration court that there is mutual relationship and can prove capability to support the fiancée and the K-1 visa could be at hand.

But then the practice of fiancée system became a trade. Some single or divorced American citizens would get paid generously by the relatives of the supposed to be fiancée to come up with a fiancée petition. After few months of marriage, divorce will be filed and the opportunists can go their own ways as legal citizens of America. As such, this became an outright dishonesty to the privilege the government has been granting to its citizens while the national security becomes unstable due to the coming of undesirable aliens through the fiancée system.

With such bad practice, the immigration system has put up stricter rules. Today, a petitioner along with the fiancée must prove to the authorities that there is no money involve in the filing of the fiancée visa but purely to complete the marriage and the couple will really stay husband and wife.

To follow the guidelines set by the American immigration system, there should be strong and enough evidences to prove that the marriage is the sole goal for the K-1 visa. The petitioner should primarily be an American citizen with good criminal records while the fiancée should also have clean background and of legal age and bound by the law to be capable of marriage.

Here are strong proofs that can support petition for fiancée visa and which the authorities mostly likely to request.

Evidences to Prove the Relationship is Real

    • The American petitioner must present physical documents to prove the legitimacy of the relationships which can be letters, cards, photographs, emails, pictures and even long-distance telephone bills that come from both parties.
    • The American petitioner must submit a signed affidavit that relates how he or she met the fiancée and how they came up with the concept of marriage. They must also support this by stating the plans for their wedding and where they would be spending their honeymoon.
    • The American citizen petitioner must show proof to show financial capability to support the fiancée through the Affidavit of Support form by presenting financial documents such as annual income from regular employment and other income from businesses.
    • The American citizen petitioner along with the fiancée must file a petition attesting that they intend to get married. If everything goes well with the petition and the fiancée arrives in the U.S., the fiancée and the petitioner must get married within 90 days upon the arrival of the fiancée.
    • The American petitioner must file all his petitions and other supporting documents at the Department of Homeland Security (DHS). If the DHS found that the relationship is legitimate, the petition can be approved in 3-6 months. When the approval has been granted, the fiancée must do her part in following the proceedings required by the DHS until she gets her fiancée visa through her country’s U.S. Embassy.

From out of the requirements that the petitioner is required to file to show the legality of the relationship, the U.S. government will also have its part to investigate and prove further that the goal for marriage can be legal. For one, the immigration officials will check if the petitioner has any past or present criminal convictions. In case there are, the convictions must be revealed thru petition documents and the immigration officials will check these documents to see if the petitioner is already cleaned out. The result of the investigation will also be relayed to the foreign fiancée.

Legality of the relationship

Legality of the relationship

Other than this, there are also additional proofs that the authorities must check upon. For example, it is now required that the petitioner and the fiancée must have met personally within the past two years. However, this can be waived if the fiancée and the petitioner have not personally met due to some reasons. For instance, the petitioner has experienced financial hardships that have restricted him to travel to the fiancée’s country. Or has been sick which restricted him to travel abroad. There could also be the cause of cultural tradition wherein the fiancée (usually a woman) is not allowed to meet her fiancée but only during their wedding day.

Furthermore, the advantage of fiancée visa also goes all the way to the children of the fiancée. For instance, the fiancée’s unmarried children that are under the age of 21 can be eligible for petition as well and can obtain the K-2 dependent fiancée visas so that they can be with their parent right in the U.S. However, there is a catch to this. The petitioner and the fiancée must not get marry before the fiancée can file petition for her children. If the couple gets married, this will invalidate the right of the fiancée to file the K-2 dependent visa for her children so the couple has 90 days to take the children in.

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How To Find The Right Immigration Lawyer http://www.immigrationintheus.org/how-to-find-the-right-immigration-lawyer/find-right-immigration-lawyer http://www.immigrationintheus.org/how-to-find-the-right-immigration-lawyer/find-right-immigration-lawyer#comments Fri, 04 Oct 2013 04:55:07 +0000 http://www.immigrationintheus.org/?p=286 Immigration to the U.S. is not a joke. It should not be an opportunistic trade either However, if you want to come to America but unfortunately you’ve got no way […]

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Immigration to the U.S.

Immigration to the U.S.

Immigration to the U.S. is not a joke. It should not be an opportunistic trade either because if you want to immigrate you do it legally and for some good reasons. However, if you want to come to America but unfortunately you’ve got no way to do it legally like having immediate relatives there to petition you in, there are only two things you could do. Either you do it your own way or let someone who knows the immigration law manages the legal processes for you. What we are talking here is getting the right immigration lawyer to help you out .

If you ought to do all the paperwork yourself, for sure, you will just be overwhelmed by the preparations like coming up with so many requirements and have to line up forever on immigration offices to fill up forms. You should also pay handsome fees with the processes involve that will run thousands of dollars while the result could take months for you to wait. And what have you, you just fail the interview at the U.S. embassy and everything will be lost. That’s the risk of going your own way when you wish to immigrate to the U.S.

Why You Need an Immigration Lawyer For?

If you can hire an immigration attorney to handle the processes with your application, you can fairly have a good chance you will get to be in America. The immigration lawyer knows all the laws that pertain to immigration proceedings so you get good advice everytime. So what are the specifics why you need to hire an immigration lawyer?

First, your immigration lawyer will check your background, skills, capabilities, character, financial back-up and everything to make sure you have the potential to be an immigrant.

Second, if there are small problems that make your immigration processes complicated, he can help you out with it and advise you what to do.

And third, if you are simply at lost what to do with the legal process, your immigration lawyer could help you understand everything and give you advice all the way.

Lastly, if you cannot simply have the time to undergo all the tedious task of preparation, your immigration attorney can definitely handle the legal processes for you. But though you will feel relax this way, you still have to do your part as an immigrant applicant.

So do your research if you want to find a good lawyer that can represent you well. Yes, you have to pay handsomely as well in order to get the service of an immigration attorney so make sure you find the right one that will give you greater chances of making it.

Tips In Finding The Right Immigration Lawyer

    • Take credible references. You can ask someone who had hired an immigration lawyer before and was successful. You can also ask your friends or relatives if they know someone whom you can ask credible references. If no one can give you references, check the web and check the background of the immigration lawyer you think can carry your case well. Immigration law firms usually posted their lawyers’ credentials online for potential clients’ reference. What you will be looking for in an immigration lawyer is his reputation, achievements or experience to know the ratio of gaining your goal.
    • Have a wider choice among the best. Don’t settle for just one or two lawyers for your choice. Sometimes it would be better to pick around five immigration lawyers and compare their accomplishments and credentials. Put on top of the list the three best prospects that have the best track records. These can have the best potentials to help you.
    • Schedule the best ones for a one-on-one interview. Once you have chosen the top three best immigration lawyers and still confused which one to pick, set a personal interview for each of them and don’t forget to note their strong points. But before that, make a list of what you wanted to ask. This way, you can analyze which is better.
    • Consider the cost. After all you’ve gone through, that may probably leave you with two candidates. Now, the last basis for your choice can be the cost of your representation. How much it would cost you to hire the guy you pick? Immigration lawyers have different fees depending on their experience and credentials. If you think you cannot afford the fee, discuss it with the lawyer if he or she can give you a discount. Most of the times, the best immigration lawyers would agree to their clients’ demand to add points to their qualifications.

You can find immigration lawyers in every country. Actually, you can just do a walk-in visit in any immigration lawyer’s office and state your goal and you can get an outright advice. Immigration lawyers are represented by associations or organizations and have their offices usually in the busiest districts of every country. But if you have immigrant relatives that can help you, they can hire an American immigration lawyer right there in the states. The lawyer will ask you to send all your papers to him and he will do the rest.

American Immigration Lawyers Association

American Immigration Lawyers Association

American immigration lawyers represent American families who want to arrange permanent residence for their relatives living in other countries. They also represent foreign individuals who have to qualifications to be legal immigrants like students, athletes, entertainers, asylum seekers and anyone that can be possibly assisted and be an asset to America.

One proven immigration institution that has been in the business of helping immigrants to come to the United States is the American Immigration Lawyers Association (AILA). This is a non-profit-organization that provides professional services for those who want to immigrate to the U.S. and it has an excellent track record to prove it.

So if ever you want to seek the assistance of an immigration lawyer, make sure that the one you will be dealing with is a licensed one and have the best credentials to help you out. Don’t hesitate to search for his background. Ask for his resume. Verifying the lawyer’s qualifications is just common in this kind of business. If the law firm has its website, you can find the lawyers’ license numbers there then find a government website in which you can verify immigration attorneys’ licenses.

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Immigrant Visa – How To Acquire It Through Employment Preference Categories http://www.immigrationintheus.org/immigrant-visa-2/immigrant-visa-how-to-acquire-it-through-employment-preference-categories http://www.immigrationintheus.org/immigrant-visa-2/immigrant-visa-how-to-acquire-it-through-employment-preference-categories#comments Sun, 22 Sep 2013 09:55:23 +0000 http://www.immigrationintheus.org/?p=272 United States immigrant visa is probably one good thing that so many people want to have. As anyone can possibly become a legal immigrant and eventually a naturalized American citizen, […]

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Immigrant Visa

Immigrant Visa

United States immigrant visa is probably one good thing that so many people want to have. As anyone can possibly become a legal immigrant and eventually a naturalized American citizen, a person who has an immigrant visa could enjoy what Americans enjoy – freer life, job security and living in a world where there are no boundaries.

There are actually many ways on how individuals can get immigrant visas. But the most possible way is through relative immigrant preference which we have discussed in our previous articles. In this category, the naturalized U.S. citizen or one who holds a U.S. permanent residence can file a petition for immigrant visa for the parents, children and siblings. However, there are certain conditions that must be met.

This time, we will discuss the other means of taking an immigrant visa through employment preference. Meaning, employers could have the power to employ individuals who are residents of other countries provided they meet the criteria set by the immigration laws and U.S. Labor Department.

Means of Obtaining an Immigrant Visa Through Employment

According to American immigration law, there are five employment preferences which individuals can possibly become U.S. immigrants based on the employment opportunities offered to them. Below are further explanations on these.

Employment First Preference (E1): Priority Workers

We call foreign workers who belong to this category the Priority Workers and they do not require labor certifications coming from the Department of Labor. This is because they have specialized skills, high education and training and managerial skills and therefore can be great assets to the American economy and can help in the advancement of learning of the American population. These individuals are classified in three sub-categories:

    • First Preference. These are the persons with extraordinary abilities. They have exceptional world-class talents and knowledge in the field of science, arts, athletics, business and education.  They can do specialized job duties but they must have at least two years of training experience in their professions and have proper education that are required by the employers. Also belong in this category are professionals that are equipped with special labor skills.
    • Second Preference. These can be the outstanding university professors and researchers that are recognized in the world to be great contributors in the advancement of science and are excellent personalities in the teaching professions.
    • Third preference. Immigrants who belong in this sub-category can be the multinational managers or high-profile executives who have worked for not less three years on companies owned or managed by U.S. employers.

In essence, in order that an employer can be given the go signal to recruit a foreign worker and the worker would not have hard times undergo the legal process of immigration, both of them may need the help of an immigration attorney to help them through the processes.

Employment Second Preference (E2):Professionals Holding Advanced Degrees and Persons of Exceptional Abilities

In this category, applicants must all have their labor certifications approved by the U.S. Department of Labor. The employer must file a job offer as well as the Immigrant Petition for Alien Workers or the Form I-140.

The two subgroups in this category are the following:

    • Professionals who hold Masteral or Doctoral degrees or sometimes bachelor degrees provided they have at least five years experience in their professions.
    • Persons with excellent abilities in the field of arts, sciences, or in business and which their abilities can help employers in their trades.

Employment Third Preference (E3):Skilled Workers, Professionals or Unskilled Workers (Other Workers)

In this category, workers must have approved labor certification also by the Department of Labor. Under this category are three subgroups.

    • Skilled workers. These are the people that need to have minimum of 2 years training and have work experience under regular contracts for not less than 2 years.
    • Professionals. These individuals must have minimum baccalaureate degrees from any American university or can be any school that can equal the academic standards of American schools.
    • Unskilled workers. These are under the Other Workers groups and they must have minimum of 2 years training or work experience under regular contracts.

Employment Fourth Preference (E4): Certain Special Immigrants

A labor certification is not required by this group of people because they may be Amerasians, widowers of wars where Americans are participants, or special immigrants who provide assistance to Americans. Other subgroups that also belong to this category are the religious leaders, employees of companies owned by U.S. citizens, war translators of American soldiers, foreign nationals who have provide great service to the U.S. government, spouses and children of international organizations employees and many more.

Employment Fifth Preference (E5): Immigrant Investors 

Investors who can prove that they can create employments in the U.S. and want to be legal immigrants can also be included in the employment-based preference categories. Because they can create jobs and do not have to compete with U.S. workers, they don’t need labor certifications as well. However, they must at least have US$500,000 or $1,000,000 depending on the size of their proposed business but they must be capable of hiring at least ten U.S. workers within the first year of business. These investors may also fall under the Millionaire Category.

For more information about these five immigrant employment-based categories, you can visit the site U.S. Citizenship and Immigration Services (USCIS). This site will give you a better view about the requirements needed for immigrant visa based on employment.

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Why Border Security Is Still An Important Factor In Controlling Illegal Immigration http://www.immigrationintheus.org/why-border-security-is-still-an-important-factor-in-controlling-illegal-immigration/why-border-security-is-still-an-important-factor-in-controlling-illegal-immigration http://www.immigrationintheus.org/why-border-security-is-still-an-important-factor-in-controlling-illegal-immigration/why-border-security-is-still-an-important-factor-in-controlling-illegal-immigration#comments Fri, 13 Sep 2013 15:46:25 +0000 http://www.immigrationintheus.org/?p=265 Immigration has long been an integral part of the growth of the U.S. economy. Be it the legal or illegal immigrants, these people all work for America, serving American people […]

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Border Security

Border Security

Immigration has long been an integral part of the growth of the U.S. economy. Be it the legal or illegal immigrants, these people all work for America, serving American people and contributing their talents and skills through hard work and tolerance. However, not all illegal immigrants are doing their part as good immigrants of the U.S. because obviously some are here for bad reasons.

The sad part is, because some illegal immigrants think the laws cannot always get to them, they are usually become prone if not the protagonists to crimes as some of them usually do illegal activities and become burdens to American government. On the other hand, the saddest thing about being an undocumented immigrant is that some people stereotyped illegal immigrants to be nuisance, job-grabbers and up-to-no good people that are already part of our system even though most of them illicitly come here only for economic reasons.

The Illegal Immigrants

According to studies made by the Pew Research Center who conducted the National Survey of Latinos in 2012, of the 11 million illegal immigrants in America today which are the main characters included on the Comprehensive Immigration Reform filed by the Senate for possible legal citizenship in June this year, 80 percent of these are Hispanics. This brought us to conclusion that America is focused on dealing with Latin American people that illegally come to the states through the borders’ security. So does this mean that the millions of dollars worth of border fences plus the thousands of border patrols guarding the fences are virtually useless? The answer to this question may depend on the efficiencies of the measures such as the solidity of the fences, competence of the border patrols and how the border security system is managed.

Unfortunately, we still see there is are no other way better than having border fences and designating border patrols up until now that can control illegal crossing of people coming from Hispanic countries because these can only be the most effective means of preventing foreigners from walking right in straight right into the U.S. territories. Without the tight control of the border security and the fences that hold up people, everything can loosen up and there could be a lot of uncertainties everywhere.

Significance of Border Security

Importance of border security

Importance of border security

The importance of border security is actually strongly tantamount to the American national security. With a tightly secured border, the hauling of illegal drugs passing through the border can certainly be stopped though that cannot always be 100 percent. And because there is the proposal for a comprehensive immigration reform, meaning, the 11 million undocumented immigrants might have a chance of becoming legal citizens of the U.S., the success of this proposal can probably spark a renewed interest for illegal crossers to try their luck anew knowing that the U.S. is getting soft in its stance in managing illegal immigrants.

However, other branches of American government see that the present border controls which include the border patrols are still not enough to efficiently stop illegal crossing because obviously, hundreds of illegal immigrants are still making it not literally through the fences but through the check points. So judging from what is happening within the Mexico-American border, border security officials which manned the check points are most of the times getting outsmarted by the syndicates that make illegal crossing of foreigners their trades.

Ironically, based from the interviews of Mexican men way back in 2007 and 2008, it comes out that if Mexico’s economy would sank deeper, there would not be anything that can stop them from crossing the borders. According to them, it is not the punishment that they get to be afraid of once they get caught but the fact that they would see their families starving.

Suggestions Based on Studies

To support the notion that illegal immigration is purely economics in nature, University of Southern California law professor Emily Ryo has taken a study to discover what makes men of Hispanic nations to always try to cross the border. She found out that economic factors really do play a significant role on the decision factor of whether or not people from these nations would illegally migrate.

Conversely, she suggested that one important thing that could affect the decisions of these people is by increasing the enforcement that is being done right now for the border security measures. According to her, if there could be an increased enforcement on border security, this could have deterrent effect on the immigrants’ decision to cross so in effect stronger border security measures with holistic system can always be the key to control illegal immigration and in the management of immigration system.

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Acquiring U.S. Immigrant Visa Through Millionaire/Investor, Political And Visa Lottery Program http://www.immigrationintheus.org/political-and-visa-lottery-program/acquiring-u-s-immigrant-visa-through-millionaireinvestor-political-and-visa-lottery-program http://www.immigrationintheus.org/political-and-visa-lottery-program/acquiring-u-s-immigrant-visa-through-millionaireinvestor-political-and-visa-lottery-program#comments Thu, 05 Sep 2013 14:14:06 +0000 http://www.immigrationintheus.org/?p=257 The U.S. immigrant visa could be one elusive privilege that many people always dream to acquire. Aside from the fact that only small percentage of applicants who want to immigrate […]

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Acquiring U.S. Immigrant Visa

Acquiring U.S. Immigrant Visa

The U.S. immigrant visa could be one elusive privilege that many people always dream to acquire. Aside from the fact that only small percentage of applicants who want to immigrate to the U.S. can pass through, the process of application for immigrant visa can be arduous, takes so much time as much as costly. That is why we have made articles about who can have the greater chances of making it to the U.S. through immigrant visas so you know where you stand and know what to do.

Who Can Petition For Immigrant Visa

Basically, immigrants who have turned citizens and permanent residents of the U.S. have the right to petition for immigrant visa for their immediate relatives living outside the U.S. This can ensure the government of America that the immigrants coming in can be supported by their families already living in America. The applicants for petition, however, would basically fall into many categories from the first relative preference up to the fourth relative preference.

The next groups of people after the relatives category that can possibly acquire immigrant visas are those that have specialized skills, education and training. They are the second priority groups because they can be assets to the American economy and can help enhance the American learning system. Applicants here fall to the immigrant visa through employment-based category. In this category, the American employers play a great role on the success of their petitions for the applicants. On the other hand, the qualified applicants will eventually fall within any of the five sub-categories based from their qualifications. Of the five sub-categories, two don’t require applicants to acquire labor certifications from the Labor Department while the rest is the opposite.

Now, we will discuss the other categories that make people potential candidates for immigrant visas. These categories are the millionaire category, refugee or political asylum category and Diversity Visa Lottery Program category.

Let’s take a further explanation with these.

Millionaire Category

The millionaire immigrant category falls under the third priority category and comes after the relative and employment-based category. In here, the American government may grant an individual the immigrant visa if that individual would want to invest a business in the country. However, based from the law, the foreign investor must at least have US$1 million dollars capital investment and could be able to hire at least ten U.S. workers in order to get approved. If the investor lacks more funds to complete the amount, he can also borrow money provided that he has worthy properties to vouch for his loan.

If the investor would only want to buy an ongoing business, the $1 million investment would still be a requirement but the worth of the business must have an increased 40% value which must be met on a given time. Also, the number of workers must have also increased by not less than 40 percent by then.

If an investor would only want to put up a business in a rural area or in a region where there is a high unemployment rate, the capital requirement could be lessened to $500,000. However, at least ten U.S. workers must still be hired for the business.

Once the investor immigrant has started his business, he automatically gains permanent residence status for two years. During the end of the 2nd year, the investor must file additional documents to USCIS to prove that the business is still ongoing, has still enough capital and that the ten U.S. workers are still there. If the government officials proved that investor has met all the requirements, the prevailing conditions will be removed and a regular permanent residence would be awarded to the investor.

Refugees/Political Asylum

America has been accepting refuges and political asylees for many years now. However, there are also laws that must be followed before someone can be considered a refugee or a political asylee and can be accepted as a documented immigrant of the country. For example, a refugee after the first year of being a documented refugee immigrant in the U.S. can file for petition or apply for permanent residence.

Nonetheless, the President of the U.S. is the only one who can determine how many refugees or political asylee that can be accepted in the U.S. each year. Based from present immigration law, approximately 80,000 refugees can be accepted each year in the U.S. while no limit for the asylees. Mostly, political asylees are not much as they may come from only few countries where war or political instability commonly occur and that the asylees’  lives are in grave danger.

Diversity Visa Lottery Program

Diversity Visa Lottery Program

Diversity Visa Lottery Program

The diversity visa lottery program is a program of the House of Congress. In this program, around 55,0000 people can be allowed to immigrate to the U.S. each year provided that these people belong to the countries where their immigrants who are staying in the U.S. are not exceeding 50,0000 within the last five years.

Exception to this rule are countries that have more than 50,000 immigrants and these are the Mainland China, Canada, Brazil, Dominican Republic, Brazil, El Salvador, Ecuador, Haiti, Guatemala, Jamaica, India, Pakistan, Mexico, Philippines, Russia, Poland, Peru, U.K., South Korea and Vietnam. So in essence, all the remaining countries do have more open immigration opportunities. However, applicants must at least be high school graduates and have at least two years of work experience and training to make them eligible for work.

Basically, there are millions of people every year who want to immigrate to the United States. Nonetheless, around 700,000 people can only be allowed each year. So for those who can’t make it to belong to the priority categories, they may try to see other means of acquiring immigrant visas. Note that only certain slots are available each year for each category. For instance, under the relative category, only 65,000 brothers and sisters can be accommodated each year. If the applicants go over this number, the rest of the applicants may have to wait for the next years.

If  you want to know more details about how to acquire U.S. immigration visa and need more guidance, you can check your country’s United States Embassy or check American websites such as U.S. Citizenship and Immigration Services (USCIS), U.S. Immigration Support any website that presents U.S. Consular Affairs.

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Relatives of Legal Immigrants Who Can Immigrate To The United States http://www.immigrationintheus.org/relatives-of-legal-immigrants-who-can-immigrate-to-the-united-states/relatives-of-legal-immigrants-who-can-immigrate-to-the-united-states http://www.immigrationintheus.org/relatives-of-legal-immigrants-who-can-immigrate-to-the-united-states/relatives-of-legal-immigrants-who-can-immigrate-to-the-united-states#comments Tue, 03 Sep 2013 13:19:14 +0000 http://www.immigrationintheus.org/?p=251 Immigration to the United States is basically a complex demographic occurrence because there is no other country in the world that so many people want to settle on other than […]

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Legal Immigrants  and Their Relatives

Legal Immigrants and Their Relatives

Immigration to the United States is basically a complex demographic occurrence because there is no other country in the world that so many people want to settle on other than this country. For a lot of them, immigrating to this rich nation can be their lifelong dream. On the other hand, the U.S. also has strict immigration policies considering the past events concerning illegal immigration have not only affected the American labor system but also the country and its people’s security.

On the other hand, the United State’s immigration department is really putting its effort to prevent further illegal immigrants from coming in and while doing this, the immigration department has also put limits on the number of people that can be allowed to enter the country. Nevertheless, there are certain people that can be classified to have the most potential to be admitted as legal immigrants to the United States. These are primarily the relatives of U.S. citizens and holders of permanent residence who are immigrants themselves.

Who Can File Visa Petitions for Relatives?

Only the immigrants turned U.S. citizens or permanent residents of the U.S. can file visa petitions for their foreign relatives. However, by relatives, it means these are the immediate relatives of the petitioners like their parents, children and siblings and also their spouses born in other countries and/or living in other countries. Among these groups, the spouses of U.S. citizens have the most possible chance of getting the American visa.

Note that immigration officials are also aware of marriage between American citizens and foreign citizens because in the past this practice was exploited as many foreign nationals were paying U.S. citizens to marry them just to get their green cards or U.S. citizenship. So to curb this practice, the law advised that the couple must stay married for not less than two years and then the husband and wife must file a joint petition to prove their marriage is still valid and this is only the time that the immigrant can be considered for U.S. citizenship.

In terms of parents and children category, the parents of the U.S. citizens can be petitioned by their U.S. citizen children but the petitioners should be more than 21 years old. For children category, those who are under 21 years of age can be petitioned by their U.S. citizen parents. In order that we get a clear glimpse on these categories, we will it explain this below.

Relatives in Categories that Can Be Petitioned by U.S. Citizens

    • First Preference – Unmarried sons and daughters of the American citizen petitioners that are below 21 years of age. There is quota per year in this category. If this gets filled up, the next year would be the next chance.
    • Second Preference – Wives, husbands and minor children of the petitioners. There could be 5-8 years waiting before one can be approved.
    • Third Preference – Married children of the petitioners. Once the children get married while in home country, they will drop from first preference to third preference. However, the petitioner must be a U.S. citizen and not only having a permanent residence.
    • Fourth Preference – Siblings of the petitioner. The petitioner must be a U.S. citizen and at least 21 years old. The waiting period is 12-22 years depending on the country where the siblings were born.

Procedures in Filing for Visa for Relatives

The petitioner who can be a U.S. citizen or with a permanent residence can start by filing a petition for visa for the relative and this must be filed where the petitioner lives which is in the U.S. If the petition is successful, the new immigrant must file for permanent residence as well. So for those immediate relatives such as sons and daughters who are already in the U.S. and are under 21 years of age may apply for permanent residence already while their visa petition for permanent residence is already filed by their petitioners and undergoing processing.

Procedures in Filing for Visa

Procedures in Filing for Visa

However, spouses and unmarried children who are more than 21 years of age and married children are not allowed to file their permanent residence until their visa petition get approved and their priority date become active.

To surmise this, it is needed to say that only the ones mentioned above can file petition or can be petitioned so the grandparents, uncles, aunts, or cousins are not allowed to petition or be petitioned other than by their own immediate relatives.

On the other hand, if you think you can be qualified, there are absolutely other means of getting an immigrant visa other than the relatives’ means. You can try the employment based, the millionaire category if you are rich, or if you are a refugee or in need a political asylum you can also try to apply. But to have a very comprehensive understanding on the immigration law and process and knowing the probability of getting an immigrant visa, why not hire an immigration attorney? If you are living in or near a large city outside the U.S., you can visit the U.S. Embassy or the U.S. Consulate and inquire. You must also do your part by doing some research on how one can qualify to be a legal immigrant to the U.S.

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Ways On How Legal Immigrants Can Find Jobs In The U.S. http://www.immigrationintheus.org/ways-on-how-legal-immigrants-can-find-jobs-in-the-u-s/ways-on-how-legal-immigrants-can-find-jobs-in-the-u-s http://www.immigrationintheus.org/ways-on-how-legal-immigrants-can-find-jobs-in-the-u-s/ways-on-how-legal-immigrants-can-find-jobs-in-the-u-s#comments Mon, 02 Sep 2013 15:21:42 +0000 http://www.immigrationintheus.org/?p=245 Immigrants finding jobs in the U.S. is not exactly easy especially with the global economic downturn that also affects even the solid American economy. And , it is necessary that […]

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Immigrants looking for jobs

Immigrants looking for jobs

Immigrants finding jobs in the U.S. is not exactly easy especially with the global economic downturn that also affects even the solid American economy. And because lots of Americans now are also struggling to find their own jobs, it is necessary that legal immigrants must have complete documents to be allowed for U.S. citizens’ jobs. However, those who are newly legalized immigrants and ready to be in American workforce must fulfill strict requirements in order to qualify for jobs. Failing to do so, some employers may also hire them but on low level rates. That is why being an illegal immigrant in the U.S. technically strips you of your right to compete for jobs against the citizens and legal immigrants especially with the high-paying jobs.

Nevertheless, if you are a legal immigrant you should know the requirements needed before you can be eligible to work. So here are what you need and always must have whenever you go job hunting.

First, you must prepare for the following:

    • Alien Registration Receipt Card or also known as Form I-551
    • Form 1-9
    • Form I-1776
    • Work Permit
    • Social Security Card or can be Tax I.D.
    • Driver’s license if available or State I.D.

Specifications for the Above Supporting Documents 

    • Complete the Form I-551 and follow through. The completion of Form I-551 will give you your Permanent Resident Card or Alien Registration Receipt Card which the United States Citizenship and Immigration Services (USCIS) provides. The USCIS department is under the Department of Homeland Security (DHS).
      In case you still don’t get your Form I-551, your passport can be stamped with a temporary I-551 stamp then get an Employment Authorization Document from the USCIS. However, before you get this you must complete the Form I-766 with your photograph on it. You must then wait to have your Social Security card from the Social Security Services (SSS). For additional proof of citizenship, you can also get your driver’s license or a State I.D. as employers may require you these.
    • You must learn how to speak English. Learning English is crucial because you need it for communication with your boss and your work peers. Also, the instructions within your job can always be in English. Employers would always prefer applicants who can speak English even if it is not yet perfect depending on your job.
    • Prepare for your resume accordingly. Ensure that everything in your resume is true, clear and in good format. Don’t invent jobs which you haven’t taken just to make yourself an attractive applicant. The employer would surely find that out. If you have difficulties in creating a resume or with your English writing, ask someone better to help you.  Include jobs that you had in your country and show your references including the phone numbers of your past employers for background check.
    • Begin looking for jobs that you are sure you are qualified. If you already have all the legal documents needed for your employment, you can apply to any job much like any other citizen of America. Don’t get worried you will be discriminated because you are now protected by the Anti-Discrimination Law. If in any case you experienced such an event, you can contact the Office of Special Counsel for Immigration Related Unfair Employment Practices in their number (800) 255-8155.
    • If you still have hard time looking for a job, seek help. There are many consulting or employment agencies that can be able to help you find a job so always make sure you hand out your resume to them. If a job is offered to you on a contract-to-hire base, take it for the meantime. You can earn experience from it and empower your credentials.
      If your state or city also has its Employment Development Department, inquire if there are trainings available that you can apply for. You can also contact your friends and your church. Try also checking jobs online. The internet is really a rich source for jobs. And while you are looking for a job, you can also try working online if you think you can do online jobs like writing, affiliate marketing and so on.
    • Establish your network. Meet people just to have an actual connection with other individuals that run businesses. You can also create your membership online where a lot of employers are looking for people with special skills. If there are social gatherings in your community or church functions and you are invited, you attend to meet people. Also, always check job fairs as well and also the ads on papers.

Immigrants are known to be the not-so-picky people about jobs. Most of them are hard-working and patient workers. As long as they earn decent earnings to send to their families, that’s alright for them. Many professionals are even working as caregivers, construction workers or even cleaners in America. Actually these are the common jobs immigrants take while in America and it’s unfortunate that more and more Americans are thinking that immigrants are literally taking so much of their jobs from them.

Finding Job as a legal Immigrants

Finding Job as a legal Immigrants

Maybe in the case of Americans who are under educated and into low-level jobs that they have competitions with the immigrants. But this is not actually the fault of the immigrants. They just happened to be there because not much U.S. citizens take the jobs they work on. Basically, employers would prefer hardworking, educated and resilient employees which they can easily find among working immigrants. So in reality, working immigrants are actually giving so many Americans their priceless services while paying their taxes right.

However, if you are a legal immigrant, or say a naturalized citizen of America and a professional in your own right, why not use it to your advantage? You have the right to earn money using your skills and potentials. You have the right to have a job you are qualified to as much as anyone else. Nonetheless, don’t be too hasty though you must learn how to compete. Help America with what you got and contribute what you can afford. Because you are now a documented immigrant and living among people with different culture, learn how to adapt and be proud you are considered as one of America’s economic contributors so give this nation your best.

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