Immigrant Visas cover a large group of people. Under the immigration laws an immigrant is an individual who intends to stay in the United States and give up their residency in a foreign country. This means you intend to stay in the United States indefinitely. While one does not have to give up their nationality of origin, one is not a U.S. citizen. Instead one is a lawful permanent resident. Historically, there was a point in time when the lawful permanent residence card was green, this is where the term green card comes from. Today the card is not green but white like most government issued cards.
When most people think of immigrants they are thinking about individuals who have moved to the United States for a better life and the immigrant does not intend to go back to their home country. Application for lawful permanent residence can be a time consuming process and can take a number of years depending on what classification you fall into.
For example, an applicant can be an immediate family member, an unmarried son or daughter over 21, a married son or daughter, or a brother and or sister. Each of these classifications have a different wait period when applying for the visa. The easiest way of telling where the immigration services are on the wait list for applicants is to visit the Visa Bulletin Board at http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html (this address is only accurate at time of posting and may change) and click on current bulletin. This page will display what year and month they are now processing for visas (both immigrant and non-immigrant).
Lawful permanent residence status grants the individual more rights than non-immigrant status but less than citizenship and the lawful permanent resident can still be deported or denied entry at a later time.
Tuesday, October 27, 2009
Thursday, October 15, 2009
Non-immigrat Visas
Under immigration law there are four types of individuals. Citizens, immigrants, non-immigrants and illegal. Citizens have the most amount of rights. A citizen cannot be deported for committing crimes or doing other illegal acts (this applies to individuals who become U.S. citizens as well as those born U.S. citizens).
Immigrants are those individuals who come to the U.S. as lawful permanent residents. These are individuals who come to the United States intending to give up their residence the foreign country.
Non-immigrants are individuals who come to the United States for purposes other than immigration. They may come here for work, research, travel, investment, etc.
Illegal individuals are individuals who are in the U.S. without the permission of the United States government. These individuals have the least amount of rights while present in the United States.
The non-immigrant visa covers a large area of law. Non-immigrants include but are not limited to work visas, investor visas, religious visas, and travel visas. A large majority of individuals want to come to the United States for work. In order to come to the United States on a work visa, the applicant needs to show a number of things to the immigration officials. This depends on the type of visa applied for - priority worker, exceptional ability worker, skilled or non-skilled.
Generally the following need to be shown.
1) the employer is unable to find someone who is a U.S. citizen who is willing, qualified or able to do the job
2) the employer will be paying the prevailing wages or higher to the non-immigrant
Certain classes of individuals have different rules when applying for a non-immigrant visa. For example, professional athletes or teachers.
Immigrants are those individuals who come to the U.S. as lawful permanent residents. These are individuals who come to the United States intending to give up their residence the foreign country.
Non-immigrants are individuals who come to the United States for purposes other than immigration. They may come here for work, research, travel, investment, etc.
Illegal individuals are individuals who are in the U.S. without the permission of the United States government. These individuals have the least amount of rights while present in the United States.
The non-immigrant visa covers a large area of law. Non-immigrants include but are not limited to work visas, investor visas, religious visas, and travel visas. A large majority of individuals want to come to the United States for work. In order to come to the United States on a work visa, the applicant needs to show a number of things to the immigration officials. This depends on the type of visa applied for - priority worker, exceptional ability worker, skilled or non-skilled.
Generally the following need to be shown.
1) the employer is unable to find someone who is a U.S. citizen who is willing, qualified or able to do the job
2) the employer will be paying the prevailing wages or higher to the non-immigrant
Certain classes of individuals have different rules when applying for a non-immigrant visa. For example, professional athletes or teachers.
Tuesday, October 6, 2009
Naturalization Process
There are a number of steps that are required to become a U.S. citizen. As mentioned before an applicant must be physically present in the United States for a set period of time and have residency in the United States for a certain period of time. Once these requirements are met the individual may apply for citizenship.
In order to apply for citizenship, the prospective individual should get all documents relating to time in the country, employment, time spent outside the country, a copy of their visa and any immigration documents they may posses. It is also important to have a document(s) stating how and when the immigrant entered the United States.
An applicant must show an understanding of the English language, history, principles and form of government of the United States.
English Language - an ability to read, write and speak words in ordinary usage in the English Language. The applicant must be able to read and write simple words that are necessary to take the naturalization test.
History, Principles and Form of Government - the applicant is required to know basic information regarding the history (e.g. formation of the U.S., civil war, involvement in WWII); principles - freedom of the press, religious tolerance, separation of church and state; and form of government - legislative/executive/judicial branch separation and representative democracy.
These requirements may not be applicable to all applicants depending on the circumstances.
The applicant must meet a good moral character requirement, believe and/or promote the principles of the Constitution and have a favorable disposition to the United States. Good moral character is related to moral turpitude (which will be discussed in bars to admission) and can be generally understood as the U.S. wanting to make citizens those who are willing and able to follow the law. The applicant must believe and promote the U.S. government and the principles of the Constitution. Advocating the overthrow of the government or the killing of The House of Representatives will likely prevent the applicant from becoming a U.S. citizen.
All of the above information must be provided to the immigration services when applying for citizenship. Complete honestly is highly recommended when filing with the immigration services. If one of the government organizations handling your case discovers you lied on your application there is a possibility it will become a permanent bar from entry or citizenship!
Assuming all of this goes well, the next step after paying the filing fee is to have an interview with an immigration officer. This is one of the most important steps in the naturalization process. If you pass your interview you will be given the opportunity to take your oath shortly after approval. Upon taking the Oath you become a U.S. citizen.
In order to apply for citizenship, the prospective individual should get all documents relating to time in the country, employment, time spent outside the country, a copy of their visa and any immigration documents they may posses. It is also important to have a document(s) stating how and when the immigrant entered the United States.
An applicant must show an understanding of the English language, history, principles and form of government of the United States.
English Language - an ability to read, write and speak words in ordinary usage in the English Language. The applicant must be able to read and write simple words that are necessary to take the naturalization test.
History, Principles and Form of Government - the applicant is required to know basic information regarding the history (e.g. formation of the U.S., civil war, involvement in WWII); principles - freedom of the press, religious tolerance, separation of church and state; and form of government - legislative/executive/judicial branch separation and representative democracy.
These requirements may not be applicable to all applicants depending on the circumstances.
The applicant must meet a good moral character requirement, believe and/or promote the principles of the Constitution and have a favorable disposition to the United States. Good moral character is related to moral turpitude (which will be discussed in bars to admission) and can be generally understood as the U.S. wanting to make citizens those who are willing and able to follow the law. The applicant must believe and promote the U.S. government and the principles of the Constitution. Advocating the overthrow of the government or the killing of The House of Representatives will likely prevent the applicant from becoming a U.S. citizen.
All of the above information must be provided to the immigration services when applying for citizenship. Complete honestly is highly recommended when filing with the immigration services. If one of the government organizations handling your case discovers you lied on your application there is a possibility it will become a permanent bar from entry or citizenship!
Assuming all of this goes well, the next step after paying the filing fee is to have an interview with an immigration officer. This is one of the most important steps in the naturalization process. If you pass your interview you will be given the opportunity to take your oath shortly after approval. Upon taking the Oath you become a U.S. citizen.
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