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Visas are most often the starting point for foreign nationals looking to visit, work, study, or move to the United States. While non-immigrant visas are for visitors who plan on eventually returning to their home country, immigrant visas are for those who intend on staying in the U.S. permanently. General steps to obtaining a visa include:
There are several ways to become a U.S. citizen, each with a unique set of rules and requirements. If you are considering applying for citizenship, you should become familiar with the procedures involved to ensure the process goes as smoothly as possible. People born outside of the United States can become U.S. citizens in several ways, ranging from birth and adoption to the specialized legal process called naturalization. If you are interested in becoming a U.S. citizen, here are some general steps:
Those wishing to work in the United States may apply for one of several distinct kinds of employment-based immigrant or non-immigrant visas. Non-immigrant visas, such as the H-1B and other H visas, permit employment with a specific employer in a specific position. Other employment-authorized visas include the L visa for intra-company transferees and the O, P, and R visas which are used by extraordinary artists, scientists, athletes, educators, and religious workers. Each kind of employment-based visa has challenges that must be overcome. All of them require documentation of the applicant's qualifications for the position offered.
If you have a family member living abroad who wishes to live in the United States or if you would like to bring a non-resident spouse or child into the country, you can petition for a family visa on their behalf. For those already in the U.S. but wishing to stay indefinitely, this process is often referred to as "adjustment of status." Whether someone can petition for a family member to come to the United States, and how long it takes before that person can come, depends on the relationship that exists between the parties. U.S. citizens over the age of 21 can file a petition for their spouse, children, siblings, or parents. The age and marital status of children impacts which category they belong to. Lawful permanent residents can file a petition for their spouse or unmarried children only.
In order to naturalize as a citizen of the United States, the initial requirement for all applicants is to be a Permanent Resident (i.e. have a Green Card). Depending on your situation, you’ll need to have been a permanent resident for at least three to five years prior to applying for citizenship. In addition, you must be at least 18 years old when you file your naturalization application; be able to speak, read and write basic English; and be a person of good moral character. For many of the requirements, certain exceptions apply and it’s useful to consult with an attorney near you to see whether you qualify for requirement exemptions.
There are a variety of methods for obtaining a Green Card, including through marriage or employment. A Green Card permits an individual the right to permanent residency in the United States. Although marriage to a U.S. citizen is a common means of obtaining a Green Card, there are various other methods such as a family member petitioning on your behalf, seeking asylum or residency as a refugee, an employer bringing you to this country for work, etc. An attorney can help determine whether you meet eligibility criteria and guide you through the arcane application procedures of immigration law.
In the United States, there are two USCIS service centers which process the I-140 immigration form. The time it takes to process will vary slightly depending on the service center. However, in general, the form takes an average of six months to process. Premium processing is a service offered by USCIS which guarantees processing of your I-140 within two weeks. This service requires an additional fee of over $1200. If USCIS is unable to process your form within 2 weeks, it will refund your money and continue with expedited processing. An immigration attorney will be able to provide you with much more specific information and can advise you on the best course of action with regards to filing your I-140.
During the Green Card application process, which can be lengthy, it is critical that you maintain lawful immigration status. Under certain circumstances, you can request an extension of your H-1B status in one-year increments while your Green Card application is being processed. H-1B extension processing time usually averages around 2-3 months although USCIS doesn’t offer any time guarantees. Working with an attorney to ensure timely and proper filing while remaining in legal immigration compliance is crucial to a successful adjustment of your status.
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