How to Immigrate to the US

When the issue of Illegal immigration comes up I always read and hear people say, ‘if they just came here legaly’. I also hear people assume that anybody that migrates here automatically becomes an American Citizen. Most people don’t know the process that people have to go through to come to the US, of course they never had to go through it. Here are some of the requirements to come here.

 First you have to have a reason for coming to the US and based on that there might be a visa that applies to you.

This has been taken from About.Com Immigration Issues

Many Different Visa Options

You have to be coming to join immediate relatives (parents, children, spouses or siblings), to be a student, to do a job, to start a company, to invest money; you have to have a reason that is much more concrete than simply “because I want to.”

Depending on your basis for immigrating, you will either be applying to come temporarily, on a temporary visa, or permanently, with the intention of applying for a green card, and perhaps eventually, citizenship.

Review all the visa, humanitarian and parole types below. If you do not qualify for any of these, your only choices are illegal immigration (a very poor choice), or the green card lottery.

Will You Qualify?
Once you have decided upon your reason, or your “basis” for immigration (living in the United States permanently) or a temporary visa (living in the United States temporarily), you will need to:

Find out if Your Reason (basis) Qualifies
Does the government (in general terms) think your reason for coming to America is a good one, and do you meet the criteria (rules) for applying?

If you do, you will then need to apply, and to prove that you qualify (that you can follow the rules).

Prove it
You can not just say “I have enough money to support myself,” or “I have a job offer,” or “I plan to study,” or “I am going to invest money.”

In nearly all cases, you will need to have bonafied proof of these circumstances, and will need to follow-through with your plans. Tracking of foreigners in the United States has improved since 9/11, and continues to improve.

This proof comes in many different varieties, you have to proof that you have enough money or somebody has to say they will support you, if you are a student you have to show school admission, bank statements that show you have the money you need for the time you will be here, and other things. I many cases even if you qualify and have all of the requirements you can be denied.

If you plan to stay less than six month you have to apply for a tourist visa, this visa is obtained by going to the US embassy in your country of origin, presenting proof of residency, bank statements, work statement and other proof that you won’t be coming to the US and staying. This visa can be obtain for a week and up to 10 years. I do not know the procedure the embassy personnel follow but I have anecdotal information. I never had a problem getting or renewing a visa, but I have seen an entire family requesting a visa to visit Disney world, and all of them getting visas except for one child. I have also learned that even if you have a visa you can be denied entry by the official at the port of entry.

Legitimate Reasons to Immigrate
The following are legitimate reasons for coming to live in the United States, and each has a corresponding visa or designated status:

Employment
If you are employed, as a legitimate employee, in a position which requires you to work in the U.S.A, either in a U.S. company or a foreign company with offices in the United States, you may be eligible for one of the following:

Employment-Related Visas for You and Your Family:

All of these visas allow for your spouse and children to accompany you. Generally, extended family, personal helpers (translators, physical therapists, etc.), business affiliates or domestic household help (nannies, maids) cannot come with you, unless they qualify for a visa under their own circumstances.

Self-employment If you are an independent contractor of freelancer, there is limited opportunity, and it demands a great deal of you, but you may qualify for one of the following visas for:

Independent Professionals: Persons of Extraordinary Ability – O Visas

Visa Rules Change – Keep Yourself Updated

If you are going to be studying in the United States, Going through training, or participating in a cultural exchange program, you may qualify for a student visa.

If you are the husband, wife or child of an American citizen or green card holder, you may qualify for one of these:

Family-based visas:
Fiancés and Spouses of American Citizens, and their Children – K Visas
Certain Qualifying Spouses and Children of U.S. Green Card Holders – V Visas
Family-Based Green Cards

These family based visas do not warranty that you will be accepted or  that you would eventually get a green card. Having a green card means that you are a permanent resident of the US not a Citizen. To obtain citizenship you have to go through a different process and you have to have been a Permanent resident for a number of years (the number of years varies). So if you or anybody marries a US citizen they are not warrantied a green card and they are by no means US citizens.

If you are suffering from cruel and inhuman treatment in your own country, but not related to poverty alone, you may qualify for one of the following immigration statuses under Humanitarian Entry

After you have determined that you might qualify under the rules, you need to educate yourself on all the details of the visa. Some visas allow you to live in the United States, but not work here. Some allow for one year and one year only here.

With some visas, you have to promise that you have no intention of staying here permanently.

These qualifying factors are extremely important. Why? If you plan to come here as a student and hope to later get another kind of visa and stay here forever, and the government realizes your intentions, you will be denied your student visa. That’s just one of many such examples.

It’s crucial that you understand the rules and guidelines for the visa you are applying for. Staying up-to-date on these issues is essential. Furthermore, rules, guidelines and laws change from time to time, and in the world of immigration, what you don’t know could hurt you!

As the article says there are many different rules and a person needs to make sure to read all the fine print and exceptions to prevent problems later. An example of the fine print, if you marry a permanent resident (green card holder) after you apply for your green card you must leave the country and wait for your visa to come back, abroad. This process, I was told by immigration officials, may take between 3 to 5 years. If you marry a US Citizen, you are not allowed to leave the country until your immigration process is finished(which may take up to a year) unless you get written authorization from the immigration services, If you leave without authorization you forfeit your request and have to start from scratch. I know 4 different couples that where not advised about this little clause by their lawyers and had to start the entire process all over again.

If you want to know more visit the Immigration and Naturalization website and the About website has a lot of information as well. Beware of promises of easy solutions to immigration problems, there are a lot of scams.

Here is information about the VISA LOTTERY

As you can see the process is not simple or easy, but if you don’t have a family member that is a citizen or a permanent resident, tons of money or have an exceptional ability, it is not easy to migrate to the US.