The Immigration Process

Most people need to apply for a visa to immigrate to the United States legally. The immigration process generally takes planning, time, and money. This article provides an overview of the immigration process from eligibility to approval. Understand the immigration system before you apply for the best chance to have your immigration visa approved.

U.S. immigration policies and laws change frequently. Talk to an immigration attorney for the most up-to-date information on the U.S. immigration system.

Eligibility for Immigration

Immigration is for people from other countries who want to live in the United States. Successfully completing the process means having the legal immigration status to live and work in the U.S. To come to the U.S., you have to be eligible. The most common types of visa categories include:

• Family-based immigration
• Employment-based immigration
• Refugees and asylees
• Diversity visa lottery

Immigration is not for temporary visits or stays in the U.S. If you want to visit as a tourist, come to the U.S. to study, or work for a temporary amount of time, you can apply for a non-immigrant visa.

Family-based Immigrants

You may be able to immigrate to the U.S. if a qualifying family member is already here as a permanent resident or U.S. citizen. That relative must sponsor you. The number of visas available and the visa processing time depend on your relationship and where you are coming from.

There are different family preference categories. Immediate relatives — spouses, unmarried children under 21, and parents — receive the highest priority. Adult children and siblings have limited immigration visa opportunities.

Employment-based Immigrants

Employment-based immigration is generally based on specific jobs or professions. U.S. employers can sponsor workers in different categories of employment, like the arts, sciences, athletics, and those with professional degrees. There are a limited number of permanent employment visas available in each preference category.

Refugees and Asylees

Refugees and asylees apply for immigration on humanitarian grounds. These visas are for people who fear persecution in their home country because of their race, religion, nationality, membership in a particular social group, or political opinion.

Diversity Visa Lottery

The diversity visa program is for people from countries with lower rates of immigration to the U.S. Only people from certain countries can apply for diversity visas. A special lottery randomly selects applicants with minimum qualifications.

Starting the Immigration Process

The U.S. Citizenship and Immigration Services (USCIS) processes immigrant visa applications. Step one begins with submitting a petition. The immigrant petition is not an application. You submit an application if your petition is approved. There are different petitions depending on your eligibility. The most common immigration petitions include USCIS Form I-130, Petition for Alien Relative, and USCIS Form I-140, Petition for Alien Worker.

These multi-page petitions require a lot of information about you and your sponsor. This includes information about family, employment, and your background. Be careful when filling out the forms. You can face imprisonment, fines, or deportation if USCIS thinks you are lying on your forms.

You can file your petition online or by mail using a paper form. Filing online gives you status alerts and lets you check on your case status. To start the immigration application, visit the USCIS website.

Immigrant Visa Application and Fees

After USCIS approves your petition, it submits it to the National Visa Center (NVC). The applicant submits their Immigrant Visa Application to the NVC, where the NVC handles fees and processing. You should get a notice after the NVC creates your case file. You will submit fees, supporting documents, and forms to the NVC. Fees include an Affidavit of Support fee and an Immigrant Visa Application Processing fee.

The person sponsoring you must complete the affidavit of support. The sponsor is financially responsible for you when you come to the United States. The sponsor provides information about their employment, household size, assets, and income level. The sponsor must also provide evidence of finances and supporting documents.

After providing supporting documents and fees, you file the DS-260 Immigrant Visa Electronic Application. This is an in-depth application that asks for all kinds of information about your life and history, including:

• Personal information
• Family information
• Travel history
• Employment and education
• Security and background information

This application may take a few days to complete. You will need to collect supporting documents with a certified translation for any documents not in English.

Interview by Consular Officers

After submitting all the required information, you can prepare for an interview at your local U.S. embassy or consulate. You must have a medical appointment with an approved doctor. You have to complete the examination and get any required vaccinations before the visa interview.

Bring any required documents to the interview, including your appointment letter, passport, and photographs. A consular officer reviews your application and documents. The immigration official will ask you questions to determine if you are eligible for an immigrant visa.

Immigration Visa Approval or Denial

You may hear the results of your final immigration interview on the same day. In other situations, it could take days or weeks. If the State Department consular officer approves your immigrant visa, you can make travel arrangements to the United States. After you pay any fees, you can get a permanent resident card (green card) to live and work in the U.S.

The U.S. government can deny your visa application for a number of reasons. If you get notice of a denial, consult your immigration lawyer about your next steps. You may be able to appeal or resubmit your application with additional supporting documents.

Get Legal Assistance From an Immigration Attorney

The immigration process is complex and takes time. A simple mistake or error on the application can delay your chance to become a lawful permanent resident or green card holder. Make sure you do things the right way so you can eventually go through naturalization to become a U.S. citizen. An experienced immigration law attorney will help you through the process.

An immigration attorney can help you gather the necessary documentation, forms, and supporting evidence. If there are problems during the application process, your attorney can represent you. Contact an immigration lawyer for legal advice about applying for immigration.