Wednesday, June 29, 2011

Immigration to US and Its Nuances

USA has undergone a vast change in its ethnicity, culture and population due to massive inflow of immigrants into the country. Presently in US, there are more than 38 million authorized and illegal immigrants from the chief emigrating nations of India, Mexico and Philippines. Stark antagonists of illegal entry ask the entrants to get in proper line, without considering how long the line can be.

Guidelines to Legally Immigrate to US

1.Immigration through Relationship with US Citizen – The easiest way to immigrate into US is through a family member. If you have a US citizen as your relative (spouse, children and parents), then you can acquire a green card through family. After being a green card holder for 3 years in case of a partner and 5 years otherwise, you can become a citizen of US after passing a civics and language test. So it’s a matter of 6-7 years. However, if you are a descendant of a citizen, but above 21 years, then you have to wait for 12-28 years to get your turn to immigrate, which further depends on the wait time of your country.

2.Immigration through relationship with Green Card Holder – A legal permanent resident can get his/her spouse and children to immigrate to US. Although the waiting period depends on your native country, it is a normal 13 years wait for the spouse and single children and 20 years in case of married children to immigrate to US. Moreover, you cannot apply for any other immigrant petition if your case is pending with the US Consulate.

3.Skilled Labor and Professionals Immigration – Some special skills or degree on some specialization done in some college of USA or other country might earn you a ticket to USA. The first step in this process is to get a job where your employer is prepared to pay a legal fee of approximately $8000 to $10000, to prove your extra skills. After getting the H1-B visa or non-immigrant US visa it will take another 5-6 years to get the green card and another 5 years to become citizen. So it is a long process of 12-16 years to immigrate to US under this category. All this is only possible when your employer is ready to file H1-B petition.

4.Businessman and Entrepreneur Immigration – You can get a green card and immigrate with a status of permanent resident in only 18 months, if you can invest $1 million in US. With 5 years wait you can also get a citizenship of US. So in this category you can immigrate to US completely in about a period of 7 years.

5.Government Approved Defense Scientist – You can be exempted from this long queue and immigrate to US as a lawful resident, if you are supremely intelligent and working on a brilliant project outside US, and become useful to the US Government. Amazingly you can become the citizen of America the very next day as well.

The Process Involved

In spite of its strict rules, US, is the sole country, which allows most migrants to immigrate legally in comparison to all the countries of the world combined. Form I-130, Petition for Alien Relative, has to be submitted by a US citizen or a green card holder (sponsor), at the center of USCIS having authority over their place of living in US. Similarly, Form I-140, Petition for Alien Worker has to be submitted by US employers in the area where the migrant is expected to work in US.

After receiving the approval of USCIS, the application goes to National Visa Center (NVC), which provides guidelines to applicants, petitioners and sponsors. NVC receives fees and documents of the visa application, notifies the concerned person about their priority date becoming current and is the authority to approve or reject the application.

Source:Immigration to US and Its Nuances

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