Immigration Visa Laws and Green Card Laws

Laws for How to Get a Visa or Green Card

This article originally published on May 6, 2013 on Blogspot

Immigration Laws – Visa

Your desire to enter the United States as a citizen of another country relies on the approval of the U.S. Citizen and Immigration Services (USCIS). To legally enter the country you must submit a petition to the USCIS, apply for and receive a type of visa that matches the intent you have to reside on U.S. soil for a specified time period. The most common types of visas are business and work visas, student visas, family-based visas, and green cards. All types of visas allow you to enter the U.S. on different terms for varying periods of time. If you are a non-citizen of the United States and plan to visit the United States you should plan well in advance to allow for time to acquire a Visa.

Types of Visas

Work Visa

Temporary work visas allow you entry into the U.S. for a specified time period to engage in for-pay, work-related actions. According to the U.S. Department of State, several types of temporary work visas exist for participants in a wide array of professional concentrations, including international cultural exchange programs; artists or entertainers; individual or team athletes; temporary non-agricultural workers; intra-company transferees, and persons within a specialty occupation. Your prospective employer or employer must obtain an approval from the Department of Labor before the often lengthy process of obtaining your temporary work visa begins.

Student Visa

If you wish to come to the United States to attend the school you must apply for and receive a student visa prior to your arrival. First, you have to gain acceptance to a high school, vocational school, college or university, language training program, conservatory, seminary or another type of U.S. Department of State-approved higher learning institution to be considered for a student visa. Upon acceptance to your chosen school, you will be enrolled in the Student and Exchange Visitor Information System. You then pay a fee to be included in the SEVIS system and undergo an interview with a program representative to determine you and your immediate family member’s eligibility to study in the States for the duration of your schooling. The process on how to get a student visa can be confusing and you may need to consult with an immigration lawyer.

Family Visa

If you have a family member that has been issued a permanent right to live and work in the United States you can apply for a family visa to also become a permanent U.S. resident. In order for this to occur, your family member must have assets available to financially support you through the process. You qualify to be considered for a family visa if you are a spouse, unmarried child under the age of 21 of a U.S. citizen, an orphan adopted or being adopted by a U.S. citizen, or a parent of a U.S. citizen that is at least 21 years old. You may also qualify for a family visa if you are a brother or sister of a U.S. citizen, an unmarried son or daughter of any age of a U.S. citizen, or a married son or daughter of a U.S. citizen. In these cases, your minor children and your spouse will most likely also qualify for a family visa.

Green Cards

Green cards give you the permanent, indisputable right to live and work in the United States. You can qualify for a green card in multiple ways. You can receive a green card if you are an immediate relative of a U.S. citizen, if you receive a permanent job offer from a company within the U.S., or if you make an investment in a new company that creates new jobs within the U.S. You can also receive a green card if you are an “Alien of Extraordinary Ability”, a broadcaster, an international news employee or a religious worker. Several other ways exist for you to receive a green card. Contact the U.S. Department of State or the USCIS for more information regarding your ability to qualify for a green card outside of these guidelines.

New Immigration Laws

Eventually there will be new immigration laws in the United States which provide for a pathway to citizenship; however, until then, a visa is the most common way used to remain in the United States. Establishing a relationship with an immigration lawyer can serve to get your paperwork filed faster when new immigration laws are passed. If you have an immigration lawyer who knows you and your family you will save time in later trying to meet with an immigration attorney when they are flooded with new clients.