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You will find a few common ways to immigrate to the U.S. The first way is based on family, i.e., if you have a spouse, fiance, parents, or children who can sponsor you. The second and most common way is employment through EB1-4 visas based on extraordinary abilities or specialized training. Third, you can also immigrate to the U.S. using an EB5 visa based on qualifying investments. Fourth, you can immigrate to the U.S. as a refugee or asylee and as a victim of human trafficking, abuse, or crime. Finally, the U.S. awards green card lotteries to citizens of countries who have low rates of immigration to the U.S.
Green Card is called Permanent Resident Card. A green card holder is entitled to almost all legal rights as a regular U.S. citizen, including permanently working and living in the United States. If you want a green card, ask a Trusli green card lawyer to determine what steps you need to take based on your situation.
According to U.S. Citizenship and Immigration Service website, there are 8 major ways to get a green card.
1. Family-Based Immigration
The two major types of family-based immigration are:
- If you have families that are U.S. citizens
- If you have relatives that are Green Card holders
Then you are eligible to apply for family-based immigration green card.
2. Employment-Based Immigration
Three types of employment-based immigration include:
- Immigration worker
- Physician National Interest Waiver
- Immigration Investor
3. Special Immigration
The five major types of Special immigration are:
- Religious worker
- Special Immigrant Juvenile
- Afghanistan or Iraq national
- International broadcaster
- The employee of an international organization, a family member, or a NATO-6 employee or family member
4. Refugee or Asylee Status
If you have been under refugee or Asylee status for over a year, you are eligible to apply for a green card.
5. Human Trafficking and Crime Victim
If you are a human trafficking victim, you will be eligible to apply for a green card if you already have a T nonimmigrant Visa.
If you are a crime victim, you will be eligible to apply for a green card if you already have a U nonimmigrant visa.
6. Victim of Abuse
The four types of victim abuse that qualify for green cards are:
- VAWA self-petitioner– victim of battery or extreme cruelty
- Special Immigrant Juvenile
- An abused (victim of battery or extreme cruelty) spouse or child under the Cuban Adjustment Act
- An abused (victim of battery or extreme cruelty) spouse or child under Haitian Refugee Immigrant Fairness Act (HRIFA)
7. Other Immigrations
Other immigration types that qualify for green cards are:
- Liberian Refugee Immigration Fairness (LRIF)
- Diversity Immigrant Visa Program
- Cuban Adjustment Act
- Dependent status under the HRIFA
- Lautenberg parolee
- Indochinese Parole Adjustment Act of 2000
- American Indian born in Canada
- A person born in the United States to a foreign diplomat
- Section 13 (diplomat)
8. Green Card through registry
You may be eligible to register for a Green Card if you have resided continuously in the U.S. before Jan. 1, 1972.
Yes, you can get a green card through your employer with the following 3 steps:
1. Ask your employer to get an approved labor certification from the United States Department of Labor
2. Then your employer will need to file an immigration petition on your behalf
3. You can either apply for your immigration visa or adjust your status using form I-485.
For more detailed information, contact Trust, and we will find you a trusted immigration lawyer to help you through the process.
You can get help from an employment lawyer, immigration lawyer, or employment-based immigration lawyer.
Although obtaining a green card without a lawyer is possible, the process is complicated and lengthy. Without the guidance of an immigration lawyer, it is very likely to make mistakes or come to a dead end. An immigration lawyer can help you quickly identify what type of way is the quickest and easiest way to obtain a green card. Therefore, hiring an immigration lawyer for a green card is the best course of action. Here at Trusli, we have assembled a team of rock-star immigration lawyers to help you with what you need.
While there are no penalties or fines for an expired green card, your permanent residency status remains. You will still pay the same renewal fee when you renew your green card. It might cause many inconveniences regarding jobs, travel, etc. Therefore, it is best to renew your green card on time.
Generally speaking, becoming a citizen can take as long as 14 months. However, the situation might vary, based on the individual's situation. In short, there are usually three significant steps after completing all the application forms.
1. Processing your application form; usually takes 14 months.
2. Attending your biometric appointment. This step usually only takes a couple of days, and you should be able to go into your appointment as soon as you get the notification.
3. Attending your citizenship exam and interview. This step will take an extra 4 months.
After these three steps, and all information is correct, you should receive your decision on your application. Once approved, you can go in and take an oath for your American citizenship.
H-1B visa is a U.S. work visa. It is a non-immigrant, employment-based visa. You qualify for an H-1B visa if you:
1. Have an advanced degree such as a four-year bachelor's degree, a master or a doctoral degree
2. You have advanced training or vocation skills
3. You qualify for work in research and development of the U.S. Department of Defense or other government positions
The employer must be in the U.S. to obtain an H-1B visa. They must have an option position and cannot find an American employee qualified enough to complete the work. The employer must advertise the position. Suppose a U.S. employee cannot meet the requirements and must be fulfilled by a foreign employee like yourself. In that case, they can initiate the H1B process for you. Talk to our H1b lawyers if needed.
The four major steps for applying for an H-1B visa are:
1. Finding an H-1B visa Sponsor
Since the H-1B visa is a work visa, the employee must find a U.S. employer sponsor to apply. That’s why it is essential to find out whether or not the company has someone to sponsor you through the application process when getting hired by a U.S. company.
2. Submit a Labor Conditions Approval (LCA)
Once you get hired by a company that can sponsor you, your employer is required to fill out a labor conditions approval form on your behalf electronically.
3. Submit Form I-129
When the LCA form is approved, your employer will file a petition on your behalf with Form I-129.
4. Complete the Application at a U.S. Embassy or Consulate
Once the petition is approved, you will receive your visa in 2-3 business days.
Consult an H1b visa lawyer if needed.
H-1B visa lottery means a random selection process, which means they will select applicants randomly from a large pool of applicants. It is a lottery because there are only a set number of slots yearly. To ensure the process is fair, USCIS decided to use the lottery to select. Cap is the annual numerical limit every year. For H-1B visas, it is 65,000 new statuses per year. The cap was first created to help open employment opportunities for non-immigrants.
If you get rejected for an H-1B visa, you may still have other options. If you are still in school when you receive the rejection letter, continue studying and apply again later. Suppose you are not in school and looking for a job opportunity. In that case, you can look for cap-exempt work like a non-profit organization. However, everyone's situation is different. If you would like to know more options, consider talking to a Trusli-selected lawyer and find out your options.
When your H-1B visa expires, you either must leave the United States and obtain an extension or find another immigration status. Be sure to talk to your H1b immigration lawyer.
Although the H-1B visa is issued to the worker, the visa's conditions are still connected with the specific sponsor employer. Therefore, to work for another employer, your current H-1B visa would not be valid, and you would need a new visa to work for the new employer. Work with your h1b attorney to discuss the details.
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