Immigration in USA


The USA has the world's largest number of international students. Many Indian students choose to live in the United States for a variety of reasons, including high-quality education, a diverse curriculum, a multicultural atmosphere, and many job opportunities, as the cost of living and the quality of living are very high. The current immigration system is based on quotas, which limit the number of individuals allowed to enter the country each year. Also, the process of getting permanent residency can be lengthy and complex, and not everyone is eligible.




Eligibility to get a Green Card


It takes at least 5 years to be eligible for US citizenship based on permanent residence status. An individual must be physically present in the United States for at least five years prior to applying for citizenship. Moreover, the applicant must be at least 18 years old and meet all of the requirements for US citizenship.




Immigration Visas


Before applying for an immigrant visa, a foreign citizen who wants to immigrate must be sponsored by an immediate relative who is a USA citizen or lawful permanent resident, or by a future Citizen, employer, and have an authorised petition. The process begins with the sponsor filing a petition with USA Citizenship and Immigration Services (USCIS) on behalf of the foreign citizen.

There are different types of visas that immigrants apply for:

  • 1. Family-Based Immigration: An immigrant visa (IV) is necessary for a foreign national who wishes to live permanently in the United States. To be eligible to apply for an IV, a foreign citizen must be sponsored by a USA citizen or lawful permanent resident (green card holder) who is at least 21 years old. There are two categories of immigrant visas for family members:

  • a. Immediate Relative: These visas are granted to people who have a close family link with a USA citizen, such as a spouse, child, or parent. Every year, the number of immigrants in these categories is not regulated.

  • b. Family Preference: These visas are meant for certain, more distant family connections with a USA citizen, as well as some particular relationships with a Lawful Permanent Resident (LPR).

  • 2. FiancĂ©(e) Visa: For a USA citizen (USC) planning to marry another person, the "K1'' visa (Fiance or Fiancee Visa) is the ideal option. The K1 visa is a single-entry non-immigrant (temporary) visa that allows the alien fiance to visit the USA for 90 days.

  • 3. Employment-Based Immigration: The applicant's previous job outside the United States must have been in a directing or executive position, and the applicant is returning to work in a managerial or executive capacity. An employment offer must be provided by the potential employer, and an immigrant petition for alien workers must be filed.

  • 4. Returning Resident Visa: Under USA Visa law, an LPR who stays outside the USA because of circumstances beyond his or her control may be granted a returning resident special immigrant visa.

  • 5. Diversity Visas Individuals from countries with considerably lower levels of recent immigration to the United States can apply for a visa and permanent residency (a green card) through the Diversity Immigrant Visa Programme.



Green Card Application Process


  • There are three steps that go into the application process:

  • 1. Labor Certification

  • 2. Immigrant Petition

  • 3. Adjustment of status or obtaining an immigrant visa