If you are thinking of immigrating to the United States, it’s essential to be informed about your options. There are various routes available for obtaining either a green card or lawful permanent resident (LPR) status.
The most common path to obtaining a Green Card is through family-based immigration. However, other routes may open up such as after a humanitarian crisis or through the diversity lottery process.
Petition
The immigration visa process can be complicated, involving numerous government agencies and institutions. While there are various methods for completing this step, timelines may differ depending on backlogs or other factors.
Prior to filing with USCIS, your relative must first fill out a petition. This is an essential step in their immigration process as it recognizes you as their sponsor and provides assurance of legality.
If filing on behalf of a spouse, they must present proof that they have been married for at least one year. Likewise, an unmarried child under 21 years old requiring both their birth certificate and that of their parent should also be provided.
Additionally, you must establish your relationship to the child, son or daughter by submitting documents such as a copy of their civil birth certificate and/or marriage certificate.
Once your petition is approved, it will be forwarded to the National Visa Center (NVC), where your family member can begin applying for their green card. Unfortunately, this process can take months or even years as the NVC often becomes overwhelmed with cases requiring processing.
Next, your relative will be assigned a priority date. This number shows where they stand in the preference system and determines how long they must wait for their case to be processed and what type of visas they may receive.
Generally speaking, each preference category has a set number of people eligible to be granted immigrant status annually. Therefore, your relative’s visa application may take longer if they are not in the first preference category.
Additionally, your relative may need to wait a considerable amount of time after their petition is approved before being eligible for an immigrant visa if they fall under a second, third or fourth preference category.
Another way to expedite the visa application process is applying for Consular Processing, an expedited immigration option. Although more expensive than applying through adjustment of status, this may enable you to become a permanent resident sooner in America.
Consultation
The immigration visa process necessitates numerous consultations.
Consultation refers to a conference or meeting in which opinions are exchanged and advice given. It plays a significant role in the immigration process because it allows parties to learn about legal matters as well as gain insight into each other’s backgrounds. Moreover, consultation provides legal counsel with additional details about each case that could not otherwise be obtained.
In the consulting process, clients must be able to clearly articulate their problems and work with the immigration consultancy service as they formulate them in order for the consultant to find an effective solution that is both acceptable to the client and feasible to implement. This can be a challenging endeavor since problem definitions may shift during engagement progress; thus, consultants must have expertise interpreting implicit needs of clients and creating solutions which fulfill those demands while being feasible to implement.
Due to per-country limitations on available immigrant visa numbers, those in the process often face lengthy delays and denials. This poses a serious problem as it prevents these workers from achieving LPR status and realizing their full potential as high-potential professionals.
DHS is proposing to codify in regulation longstanding agency policies and practices related to employment-based visa backlogs, in order to: Simplify the processes for employer sponsorship of individuals for permanent residence; mitigate some effects of immigrant visa backlogs by increasing job portability and other forms of flexibility for workers; and guarantee additional transparency and consistency in applying agency policies and procedures related to these programs.
DHS is also proposing to expand job portability for certain highly-skilled nonimmigrant workers in the United States who are beneficiaries of approved employment-based immigrant visa petitions in EB-1, EB-2, and EB-3 preference categories but cannot obtain an immigrant visa number due to statutory limits on visa issuance. Specifically, DHS wants to amend its automatic revocation regulations so these petitions would not be automatically revoked simply because the petitioner withdraws or terminates their business operations.
Documents
Every year, more than one million individuals receive green cards that designate them as lawful permanent residents of the United States. Most of these individuals began as immigrants who applied for visas to come here.
However, several factors can impact your chances of being granted an immigrant visa. You may need to demonstrate strong “ties” to your home country through family, friends, employment opportunities, education or long-term plans or career prospects there.
Additionally, you must demonstrate that you possess enough funds to sustain yourself upon arrival in the U.S. To do this, obtain an affidavit of financial support from a relative who can guarantee you financial security upon arrival in America.
Additionally, you must submit proof of identity and undergo a medical examination. During the medical examination, questions will be asked about your mental health, use of drugs/alcohol, and history of communicable diseases.
F-1 students, it is especially crucial to get this right as they will be considered intending immigrants until you can prove your intentions are not to permanently reside in the U.S. You will need to explain why you want to return home (even if it’s several years down the line) and provide evidence for why this return would benefit your education and career development.
The interviewing officer will review your documentation and conduct an interview with you and either your parents or legal guardians. During this check, they ensure you possess all required documents for application for a visa, while also verifying that no problems exist due to past experiences.
Once the officer has made their decision, you must submit all required paperwork. This includes your immigrant visa application form, affidavit of support and other required documents. If you are a parent, documentation for your child’s birth and medical history should also be included. Likewise, spouses must provide evidence of their relationship as well as marriage certificate.
Interview
The immigrant visa interview is an integral step of the immigration process. It provides you with a chance to present your application in person and allow authorities to verify all provided information. Since it also serves as screening test, it’s essential that you arrive prepared and answer questions honestly in order to increase your chances of success.
The primary goal of an interview is to determine if you qualify for a green card and if your family members also qualify. The interviewing officer may ask you several questions in order to verify your application is complete and all supporting documents have been received.
At the interview, the officer will also review your personal and professional history to assess your credibility. They want to learn about your education, employment history, travel patterns; additionally they may inquire if there have been any legal issues or disputes with U.S. immigration officials that could prevent approval of your application.
When attending your interview, it is best to bring a copy of all documents submitted as part of your original application or supporting paperwork, such as Form I-693 with your doctor’s report from medical examination or letter from employer on letterhead confirming continued employment and salary. The officer will review these documents carefully for any discrepancies which could lead to denial of your application.
Additionally, you should bring any important personal documents such as your passport or other forms of identification with you. These documents can give you added assurance when attending an interview in a foreign country.
Before attending your immigration visa interview with USCIS or the National Visa Center, take some time to read over their instructions. These will include a list of commonly asked questions and answers in order to prevent any confusion.
When attending your immigrant visa interview, don’t be embarrassed to ask the officer for assistance. They are there to help and can guide you through the process since they have ample knowledge of what to expect during this type of interview.