U.S. Immigration Law
United States Immigration Law is very complex and has many facets which are unknown to most people. There are many misconceptions about how immigration law works, and it is important to separate the realities from the rumors. Many people think that it is easy to immigrate to the United States. Generally, however, there are three ways that someone can immigrate: 1. Family based immigration, 2. Employment based immigration, 3. Humanitarian based Asylum.
FAMILY BASED IMMIGRATION LAW
Maintaining family unity is one of the core goals that shapes United States immigration law. A United States citizen over the age of 21 may petition the government to provide lawful status to their immediate relatives. Immediate relatives include a spouse, a parent, a sibling, a child, and an adult child (21 and over). It can also include a step-parent if the step-parent married the citizen’s birth parent before the child turned 18.
A legal permanent resident of the United States (someone who has a “green card”) may also petition the government for lawful status of their immediate relatives, but the categories are more limited, and there is usually a longer wait time for a visa to become available. For example, a legal permanent resident may petition for their spouse; however, they may NOT petition for their adult child if their adult child is married. Additionally, a resident may not petition for their siblings.
EMPLOYMENT BASED IMMIGRATION LAW
There are two types of employment based immigration law in the U.S.: Temporary work visas and Permanent Visas
Temporary work visas: There are multiple types of temporary work visas which range from entertainer visas to religious workers to business investors to employee transfers. These various types of visas are intended to be temporary, but may be extended as long as the applicant still qualifies.
Permanent visas: There are five types of Permanent Employment Based Visas. These permanent visas result in lawful permanent residency for the applicant and their derivative family members. There is, however, an annual limit to each of these categories.
1. Persons of “extraordinary ability” in the arts, sciences, education, business, or athletics. This also includes outstanding professors and researches, and some multinational executives. There is a limit of 40000 of these visas which are available per year. Info Extraordinary Ability Visas From The USCIS
2. Members of professions which require an advanced degree (i.e. master’s degree) or its equivalent through work experience. There is a limit of 40000 of these visas available per year. More On USCIS Professional Based Visas EB-2
3. Skilled workers with at least two years of training or experience, professionals with bachelor’s degrees, and “other” workers for unskilled labor. There is a limit of 40000 of these visas available per year. See More On USCIS EB-3 Skilled Worker Visas
4. “Special immigrants” such as employees of U.S. foreign service posts, former U.S. government employees, and religious workers. There is a limit of 10000 of these visas available per year. Read More On This USCIS Visa
5. Individuals who will invest at least $500,000 or $1 million in a job-creating enterprise that employs or will employ at least 10 full time United States employees. There is a limit of 10000 of these visas available per year. Read More On EB-5 Investment Visas
HUMANITARIAN BASED/ASYLUM………Click Here To Learn About Asylum