Immigration - An Overview
Immigration is the act of entering a country with the intention of permanently living and working there. The multi-step process involved in becoming an immigrant can be daunting. An experienced attorney can be an invaluable resource and advocate in navigating this process. If you are facing an immigration issue, call one today.
Eligibility
The immigration system in the US is set up primarily to grant immigration status based on factors such a family reunification, needed work skills, and capital investment. The immigration system also recognizes refugees and provides a "lottery" for immigration status to people who have less pressing immigration needs. The process for gaining legal immigrant status will depend upon which path you are eligible to pursue based on your employment, education, family, and other needs and characteristics.
Family
If an individual is seeking immigrant status based on the fact that they have a relative who is a US citizen or a lawful permanent resident, the following is required:
- The individual must be eligible for lawful permanent residence based on a family relationship defined under the immigration laws.
- Form I-130, Petition for Alien Relative, must be filed by the individual's relative (sponsor), along with proof of the family relationship, and the petition must be approved by the government.
Additional steps are also necessary for a successful petition, and not every relative is instantly eligible. Your immigration attorney will help make sure you take all of the necessary steps for your petition.
Employment
If an individual is seeking immigrant status based on a permanent employment opportunity that he or she may have, the following is required.
- The individual must be eligible under one of the five categories of employment-based immigration.
- The individual's employer must complete and submit a labor certification request (Form ETA 9089) to the Department of Labor's Employment and Training Administration.
- The individual's employer must file an immigrant visa petition (usually Form I-140, Petition for Alien Worker) and the government must approve the petition.
Employment-based visas can be tricky, and the US employer may have to make a showing that no American workers are available for the job. Both the immigrant and the US employer may need legal advice.
Capital Investment
If an individual makes a qualifying capital investment in the United States, the individual is eligible for immigrant status, provided that:
- The investment meets certain dollar figures, benefits the US economy, and creates or saves a specific number of jobs.
- Form I-526, Immigrant Petition by Alien Entrepreneur, is filed with, and approved by, the government.
Capital investment immigration is relatively rare, and the requirements are stringent. Some people think these immigrants have "bought their way in" to the country, but the complex rules surrounding this type of immigration mean that only those who will benefit the country are allowed to proceed.
Refugee
To be eligible for refugee status, the individual must have suffered past (or fear future) persecution on the basis of race, religion, nationality, political view, or membership in a certain group. An individual who is found eligible for refugee status must then satisfy certain medical and security criteria. Political pressures make refugee status difficult to prove, but your attorney can help you make the best possible case.
Lottery
Immigrant visas are made available annually through the Diversity Visa Lottery Program to people whose country of origin has low immigration rates to the United States. Each year, the State Department selects 110,000 applicants from all qualified entries. However, once 50,000 immigrant visas are issued, or the fiscal year ends, the lottery is closed. Immigrant visas are also not available for people whose country of origin sent more than 50,000 immigrants to the United States in the past five years.
Conclusion
There are several paths to gaining immigrant status and each path has a different process that must be completed. An attorney can help smooth the process. If you are interested in making an immigration petition for yourself or for a family member, call one today.
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Added: 05/07/07