Apply for a Green Card: Your Path to U.S. Residency

 

Obtain Your Immigrant Visa to the USA Effortlessly

If you're a foreign citizen wanting to live in the U.S., getting an immigrant visa is key. You need a sponsor who is a U.S. citizen or a green-card holder and is at least 21 years old.¹ This sponsor can be someone you closely relate to, like a spouse, child, or parent.

There are two major types of family-based visas: Immediate Relative visas and Family Preference visas. Immediate Relative visas are for close family, while Family Preference visas cover more distant relatives. This includes certain relationships with a Lawful Permanent Resident (LPR).² U.S. citizens can sponsor a broader group, including siblings and adult children. In comparison, green-card holders can only sponsor their spouses or unmarried children.²

Key Takeaways

• Understand the different types of family-based immigrant visas available, including Immediate Relative visas and Family Preference visas.
• Familiarize yourself with the eligibility requirements for each visa category, such as the familial relationships and age requirements.
• Be aware of the annual limits on the number of green cards issued, which can lead to long wait times for certain visa categories.
• Explore employment-based immigrant visas as an alternative pathway to permanent residency in the United States.
• Seek guidance from licensed immigration attorneys to ensure you navigate the complex immigration process effectively.

Understanding the Immigrant Visa Process

If you're from another country and want to live in the United States, there are steps you must follow. These include understanding and following U.S. visa laws. The U.S. Citizenship and Immigration Services (USCIS), under the Department of Homeland Security, oversees these laws.³

Eligibility Requirements for an Immigrant Visa

Immigrant visas come in different types, like those for family members or for jobs. Each type has its own rules. So, make sure you know what you need for the visa you want.³

Types of Immigrant Visas

Each year, up to 675,000 people can get immigrant visas to live in the U.S.A.³ This includes over 480,000 visas for family members. Family members getting these visas makes up nearly 69% of all new Lawful Permanent Residents in the U.S. in 2019.³ Employment-based immigrants are limited to 140,000 visas per year. This number includes their family members too.³

Family-Based Immigration

Relatives of U.S. citizens can get visas without a limit each year.³ But for other family members, like adult children of U.S. citizens, there are set numbers of visas available. In 2019, over 61,000 people were admitted as the "brothers and sisters" of U.S. citizens. Yet, only about a third were actual brothers and sisters. The rest were their spouses and children.³

https://www.youtube.com/watch?v=KdKk7esU2Kg

Sponsoring a Family Member for an Immigrant Visa

In the U.S., citizens and Permanent Residents can help their immediate family move here.⁴ This means spouses, kids under 21, parents, and sometimes siblings and their kids. You have to send the right forms and papers to USCIS to start.

Sponsoring a Spouse or Child

It's usually easier to bring over a spouse or kid under 21.⁵ Green card holders can also bring their spouse and kids. But there might be a wait for other family members.

This wait can be a few years because many people want to come, and there are limits on how many can each year.

Sponsoring a Parent or Sibling

U.S. citizens can also bring their parents or siblings.⁴ The rules for sponsoring them are harder, though. There are not as many visas, so you might have to wait to see if you can bring your family member over.

How long this wait is depends on many factors, like where the person is from and which visa type they're applying for.

The first step in bringing a family member is to file a Form I-130 with USCIS.⁴ You also have to show you can support them by filling out Form I-864. Keep checking on how your case is going with USCIS and the Visa Bulletin from the State Department.⁵

Sponsorship Category	Waiting Period	Visa Availability
Spouse, unmarried child under 21, parent of U.S. citizen	No waiting period	Unlimited visas available
Other family-based categories	Several years	Limited by annual visa quotas

Employment-Based Immigration

The U.S. gives out employment-based immigrant visas to skilled foreign nationals.⁶ These visas are for different types of workers. For example, there's the EB-5 for investors and EB-3 for skilled workers.⁷ You can also find the EB-1 for very talented people.⁷ Employers in the U.S. can support a foreign national to get a visa. This lets them work and live in the U.S. for good.⁸ To do this, the employer must get labor certification and file an application for the visa.

Visa Categories for Skilled Workers

There are several employment-based immigrant visa preferences.⁸ Each year, about 140,000 visas are up for grabs for skilled workers in the U.S.⁶ The E2 visa type gets 28.6% of these visas every year.⁶ The E3 category also gets the same amount and includes Skilled Workers, Professionals, and Unskilled Workers.⁶ The E4 category for Special Immigrants gets 7.1% of the visas, and the E5 category is for Immigrant Investors who create jobs in the U.S.⁶

Sponsoring a Permanent Worker

To work in the States, many must apply for a visa from the U.S. DOS.⁸ Before getting a visa or coming to the U.S., USCIS often needs to approve petitions.⁸ Depending on what job the applicant wants, an employer might have to file a petition for them.⁸ Extraordinarily skilled workers in the E1 category can apply by themselves and don't need a job offer.⁶

The Diversity Immigrant Visa Program

The Diversity Immigrant Visa (DV) Program gives out up to 50,000 visas per year⁹. These go to people from countries the U.S. sees few immigrants from. Its goal is to make the population more varied. This way, it offers chances to those from often overlooked places.

Eligibility and Selection Process

To be eligible, you must meet certain requirements. These include where you were born and your background in education or work. Winners are picked randomly from a large pool of applicants. This happens every year, with about 100,000 hopefuls chosen from 10 million people¹⁰.

Yet, actually getting your visa isn't as simple. There are set times each month when you might be able to move things forward. But you can't take the next step until you're told it's your turn based on these set times⁹.

Applying for the Diversity Visa

The application window for the DV-2025 Green Card Lottery starts on October 4, 2023, and closes on November 7, 2023¹⁰. If you're chosen, you'll need to pass medical checks and a consular interview. And only then can you get your Diversity Immigrant Visa for the U.S.¹⁰.

Winning this visa comes with some fees. For you and your family, it's $330 to claim your spot. Then, once you're in, you'll need to pay $220 to take the final residency step¹⁰. This means filling out forms and handing in things like photos and your birth certificate⁹.

Remember, there are strict deadlines on making your move to the U.S. happen. You must do everything on your end within that year⁹. Also, watch out for scams. No one should ever ask you for money if you've really won the Diversity Visa⁹.

immigrant visa usa

To move and live in the U.S., foreign citizens need to follow visa laws. They must apply for visas the right way.¹¹ The U.S. Citizenship and Immigration Services (USCIS) under DHS handles these issues.⁸ And becoming a U.S. citizen, known as naturalization, has its own steps.¹¹

The Permanent Workers webpage explains five types of work visas you can get.⁸ Before you can get your visa from the Department of State (DOS) or enter the U.S., USCIS must first say yes with a petition.⁸ Depending on your case, either you or someone who wants to hire you must send a request to USCIS.⁸ If you’re in a special group, you might not need a job offer to start the process.⁸ When you're allowed to work, you’ll need the right documents like an EAD, which you can ask for using Form I-765.⁸ It’s very important to always follow the work rules and the terms of your entry into the U.S.⁸

Immigrant visas for the U.S. from Hong Kong & Macau are reviewed there.¹² Usually, a U.S. citizen or someone who’s a legal resident must sponsor you.¹² This sponsor will start the process by sending a request to USCIS.¹² You can look up the types of visas available and the Green Card Lottery program on travel.state.gov.¹²

After USCIS approves the request and the NVC finishes some steps, the NVC or the KCC will guide you more.¹² You can find more help about the visa process and the Green Card Lottery on travel.state.gov.¹² Need help in Hong Kong or Macau? Call the U.S. Consulate at +852-2841-2211 during the day, or +852-2523-9011 at night.¹² If you're outside Hong Kong, use the same number for emergency help.¹² Details like visa approval rates and how long it takes to process visas can help a lot.¹²

Adjusting Status to Permanent Residency

Some foreign nationals may opt to adjust their status to become a lawful permanent resident (LPR). This status is known as having a "green card."¹³ This process lets them apply for a Green Card while in the U.S. They won't need to go back to their home country for this process.¹³ Whether someone can do this depends on their current status, job, and family ties.¹³

Eligibility for Adjustment of Status

Eligibility to adjust status varies by the immigrant category.¹³ Asylum seekers, refugees, and those closely related to U.S. citizens can apply for a green card this way.¹⁴ But, if you're not currently in the U.S. or your immigration status isn't valid, you cannot adjust your status.¹⁴

The Adjustment of Status Process

To start adjusting status, you need to fill out forms and gather documents for USCIS. You may need to do an interview, after which they'll decide on your application.¹³ Depending on your status, you'll need to submit various forms, like Form I-130 for family members or Form I-140 for jobs.¹³ Getting a visa in your category is key to filing Form I-485.¹³ After that, you'll have to go to a biometrics appointment. This is for checks on who you are and your background.¹³ USCIS might also want to talk to you in an interview to learn more. They could ask for extra proof to check your eligibility.¹³ You can keep an eye on your case's progress either online or by contacting USCIS. In the end, you'll get a formal decision letter, either approving or denying your application. If they say no, you might have a chance to appeal.¹³

But, the process of adjusting status is not easy. It's recommended to get help from a lawyer who understands immigration law.¹⁵ USCIS will do a deep check on you, including your fingerprints and health, when they review your application.¹⁵

Remember, how long it takes to process a Form I-485 can vary a lot. It could be from under 7 months to over 6 years. The time depends on the type of green card you're applying for.¹⁴

Fiancé(e) Visas and Marriage-Based Immigration

If you're getting married to a U.S. citizen, you can come to the U.S. using a K-1 fiancé(e) visa.¹⁶ Your soon-to-be spouse has to be your sponsor, and you need to apply for the K-1 visa.¹⁷

Obtaining a K-1 Fiancé(e) Visa

To get a fiancé(e) visa (K-1 nonimmigrant visa), you need to plan to marry within 90 days of arrival in the U.S.¹⁶ You must be a U.S. citizen, have plans to marry soon, be free to marry, and have met your fiancé(e) in person within the last 2 years.¹⁶ The visa process involves several U.S. agencies and includes checks for security and background.¹⁶

Adjusting Status After Marriage

After getting married, you can change your status to a green card holder through marriage-based immigration.¹⁶ If you marry the U.S. citizen within 90 days, you can apply for a Green Card.¹⁶ Kids of fiancé(e)s can also enter the U.S. on a K-2 visa if they're under 21 and single.¹⁶ You might also be able to work or apply for a green card and get work permission by filing Form I-765.¹⁶

Visa Application and Processing

Applying for a visa can be overwhelming, but understanding what you need helps. You must fill out forms and gather documents like birth certificates and financial records. Besides, you might have to go to a consulate for an interview and give fingerprints and photos.

Required Documents and Forms

Gathering the right documents is key. You'll need things like passports and marriage certificates. Make sure you know what's required and that everything is correct. This keeps your application moving smoothly.

Interviews and Biometrics

A visit to the consulate is often needed for a face-to-face talk.¹⁸ This chat lets the officer learn more about you and your visa request.

You'll also do biometrics, like giving fingerprints and a photo. This is to check your identity and do security checks.

Checking Visa Status

While waiting, you can check your application's status. Do this online or get in touch with the appropriate office. This keeps you in the loop and helps solve any problems that come up.

Remember, there are different visa types. Immigrant visas are for those planning to live in the U.S. permanently. Nonimmigrant visas are for temporary visits, like for travel or work.

Waivers and Denials

During the immigrant visa process, you might face a possible denial. This could happen due to criminal records, health issues, or past immigration problems.¹⁹ But, there's a chance you can get a waiver for these issues, depending on your situation.¹⁹

Grounds for Inadmissibility

If you're involved in terrorism, totalitarian parties, or might rely on public help, you could be deemed inadmissible.²⁰²¹ This rule also applies if you've committed crimes, engaged in immigration scams, or have contagious diseases. Additionally, being part of certain groups could lead to inadmissibility.¹⁹

Applying for a Waiver

To deal with inadmissibility, you might try to get a waiver using Form I-601.¹⁹ This form requires you to show you qualify, or that your situation demands an exception due to extreme hardship. Showing strong family ties or health concerns, for example, can help.¹⁹ Some people, like those making VAWA petitions, TPS claims, or Special Immigrant Juveniles, might not need to pay the waiver fee.¹⁹

Appealing a Visa Denial

If your visa is turned down, you could have a chance to appeal. The way you do this can differ based on your situation. So, it's wise to carefully check your denial notice and get advice from experts. This will help you find the best way forward.

FAQ

What are the eligibility requirements for an immigrant visa?

A foreign citizen can apply for an immigrant visa if a U.S. citizen or green-card holder over 21 sponsors them.

What are the different types of immigrant visas?

Immigrant visas come in various types, like those based on family, work, or a lottery called Diversity Visas. Each has its own rules, so it's key to know the type you need.

How can a U.S. citizen sponsor a family member for an immigrant visa?

A U.S. citizen can help family by filing for their spouse, children, parents, or siblings. This involves sending forms and documents to USCIS.

What are the employment-based immigrant visa categories?

For skilled workers, investors, or those with exceptional talents, the U.S. has visas like the EB-5, EB-3, and EB-1. These are for different types of work or investment opportunities.

What is the Diversity Immigrant Visa (DV) Program?

The DV Program offers 50,000 visas to people from countries with low U.S. immigration. Qualification is based on various factors, including where you were born and your work or school history.

What is the process for adjusting status to become a lawful permanent resident (green card holder)?

To become a green card holder, you must follow steps like submitting forms and documents to USCIS. The process also includes an interview and meeting eligibility requirements related to your status, job, or family ties.

How can a foreign national obtain a fiancé(e) visa to the U.S.?

Being engaged to a U.S. citizen can lead to a K-1 fiancé(e) visa. After marriage, you can seek a green card using the marriage immigration route.

What documents and procedures are required for the immigrant visa application process?

Applying for an immigrant visa means providing forms, documents, and even going to an interview. Needed records vary but could include certificates and your financial situation.

What happens if an immigrant visa application is denied?

Denials could happen due to certain issues like a criminal past. Depending on the situation, applicants might be able to seek a waiver. There's also an option to appeal a denial.

Source Links

1. https://cd.usembassy.gov/visas/
2. https://www.nolo.com/legal-encyclopedia/whats-the-easiest-way-get-us-green-card.html
3. https://www.americanimmigrationcouncil.org/research/how-united-states-immigration-system-works
4. https://mx.usembassy.gov/visas/family-based-immigration/
5. https://www.uscis.gov/sites/default/files/document/guides/A1en.pdf
6. https://travel.state.gov/content/travel/en/us-visas/immigrate/employment-based-immigrant-visas.html
7. https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-employment-based-immigrants
8. https://www.uscis.gov/working-in-the-united-states
9. https://www.uscis.gov/green-card/green-card-eligibility/green-card-through-the-diversity-immigrant-visa-program
10. https://www.usafis.org/green-card-information/dv-lottery/
11. https://www.cbp.gov/travel/international-visitors/visa-waiver-program/requirements-immigrant-and-nonimmigrant-visas
12. https://hk.usconsulate.gov/visas/immigrant-visas/
13. https://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-of-status
14. https://immigrationhelp.org/learning-center/the-complete-guide-to-adjustment-of-status-process
15. https://generalcounsel.uconn.edu/immigration/i-485/
16. https://www.uscis.gov/family/family-of-us-citizens/visas-for-fiancees-of-us-citizens
17. https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/immigrant-visa-for-a-spouse-or-fiance-of-a-us-citizen.html
18. https://www.uscis.gov/green-card/green-card-processes-and-procedures/consular-processing
19. https://www.uscis.gov/forms/all-forms/application-for-waiver-of-grounds-of-inadmissibility
20. https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/waivers.html
21. https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-denials.html