Welcome to your essential guide to immigration, created to help you go through the journey to the United States. At Getachew & Ansari Immigration Attorneys, we aim to simplify this complex process for you. In this guide to immigration to America, we’ll touch on the difference between immigrant and nonimmigrant visas. Understanding these categories is key for your immigration plan. We will explore the various types of visas available, helping you find the path that best suits your needs.
A key focus of our guide for new immigrants is the Green Card process, detailing the requirements and steps to get permanent residency in the US. We also provide a clear overview of the costs involved in the visa application process, enabling you to prepare financially.
Post-application, our guide covers the crucial steps for establishing your new life in the US, from obtaining a social security number to finding employment and accessing support services. Finally, we emphasize the importance of professional legal guidance in immigration matters. Whether considering hiring a lawyer or seeking free legal assistance, Medya Ansari, partner at Getachew & Ansari Immigration Attorneys, commits herself to providing you with the support you need for your USA immigration, whether you want to get an immigrant or non-immigrant visa.
Understanding Visas: Immigrant vs. Nonimmigrant
When planning to immigrate to the USA, it’s important to understand the difference between immigrant and nonimmigrant visas. An immigrant visa is for those who want to live permanently in the US. This type of visa leads to a Green Card, which means you can stay in the US as long as you like, work, and even apply for citizenship.
On the other hand, a nonimmigrant visa is for a temporary stay. This includes purposes like tourism, business visits, short-term work, or studying. These visas don’t end with permanent residency but are ideal for temporary visits.
Knowing which visa suits your needs is crucial. If you want to make the US your permanent home, an immigrant visa is the right choice. However, a nonimmigrant visa is more appropriate if you plan to stay for a specific, shorter period. Your choice affects your whole immigration process, from the application and legal status in the US to future opportunities, making it a vital decision in your immigration journey.
Exploring Immigrant Visa Types
Immigrant visas are the key to permanent residency in the United States, each tailored to different needs and circumstances. Understanding the various types and their specific criteria is crucial for anyone planning on immigrating to the USA.
Family-Based Immigrant Visas
These are for family members of US citizens or permanent residents. They are divided into immediate relative visas and family preference visas. Immediate relative visas are for spouses, parents, and unmarried children under 21 of US citizens. Family preference visas are for other relatives, like siblings or married children of US citizens and spouses or children of Green Card holders.
Employment-Based Immigrant Visas
These visas are for people employed or offered employment in the US. They range from EB-1 for individuals with extraordinary abilities, outstanding professors, and researchers to EB-5 visas for investors in US businesses that create jobs.
Special Immigrant Visas
These cover a range of individuals like religious workers, employees of US foreign service posts, and others who meet specific criteria.
Diversity Visa Program
Also known as the Green Card lottery, this program aims to diversify the immigrant population in the US. It selects applicants from countries with historically low immigration rates to the United States.
Each category has criteria for immigrating, like family relationships, job skills, employment offers, or country of origin. The eligibility requirements vary, so you have to understand which category best fits your situation. Retaining an immigration lawyer with a reputation for getting positive results with dozens of satisfied clients, as we offer at Getachew & Ansari Immigration Attorneys, is central to making this process as easy as possible and ensuring your application filing goes smoothly.
The Application Process for an Immigrant Visa
Learning how to immigrate to the USA requires applying for an immigrant visa, and this is a multi-step process, each with its timeline and expectations. Understanding these steps and preparing for the wait times and processing stages will help ensure a successful application.
How to Apply for an Immigrant Visa
The journey to get an immigrant visa to the United States starts with determining your eligibility for the correct visa category, such as family-based, employment-based, or a special category. This initial step will guide you in the right direction for your application.
Once you’ve established your eligibility, the next phase involves petition filing. A US family member files Form I-130 for family-based visas, while for employment-based visas, your US employer files Form I-140. This petition is submitted to the USCIS, which then forwards your petition to the NVC (National Visa Center) for further processing upon approval.
At the NVC, the process includes collecting necessary fees, forms, and documents. Submitting an Affidavit of Support is also part of this stage for some visa categories. You then complete and submit your visa application using Form DS-260 online through the NVC.
Once your application is complete, the NVC schedules an interview in your home country’s US Embassy or Consulate. Before this interview, an approved doctor’s mandatory medical examination is required. The visa interview is critical, where a consular officer assesses your eligibility. If successful, your visa is issued and placed in your passport, marking the culmination of the application process.
Going through the immigrant visa application process requires patience and attention to detail. By understanding the steps involved, retaining an attorney to help you with each step, and preparing for the associated timelines, you can effectively manage your expectations and navigate the process more smoothly.
Immigrant Visa Cost Considerations
Moving to the USA requires that you prepare for the financial aspects of immigration, and this is a crucial part of your immigration journey. Understanding and planning for these costs ensure a smoother process.
Cost Breakdown
Filing fees are a part of the immigration process. For instance, the USCIS requires a filing fee for the immigrant petition, which can be either Form I-130 or I-140, depending on your situation. Following the approval of your petition, there is a fee for the actual visa application (DS-260 form).
Another piece of immigrating to the US is the medical examination, conducted by an approved physician before your visa gets issued. The cost of this exam varies depending on the country and the doctor. Additionally, there are miscellaneous costs to consider, including translation fees for your documents, courier services for sending documents, and travel expenses associated with attending the visa interview.
By understanding these costs and planning your budget accordingly, you can avoid financial surprises and focus on the other vital aspects of your immigration process and obtain your Green Card. Getting your Green Card, officially known as a Permanent Resident Card, is a massive step during immigration to the United States. However, if you want to come to the United States for a set amount of time, you’ll go through the non-immigrant visa process.
Non-Immigrant Visa Types and Criteria
Non-immigrant visas are issued to individuals who intend to stay in the United States temporarily for specific reasons such as tourism, business, work, or study. The eligibility and requirements for a non-immigrant visa depend on the type of visa being applied for. Here are some common types of non-immigrant visas and their general eligibility criteria and requirements:
Tourist or Business Visitor Visas (B-1/B-2)
This is the visa you want if you plan on coming to the United States for tourism, vacations, visiting friends or relatives, medical treatment (B-2), or for business purposes like consulting with business associates, attending scientific, educational, professional, or business conventions (B-1).
To get this visa, you’ll have to present proof of your trip’s purpose, your intent to leave the United States after your visit, and that you have the financial means to cover your expenses during your trip.
Student Visas (F-1/M-1)
Anyone who wants to go to school in the United States (F-1) or attend vocational studies (M-1) will apply for this visa. You’ll have to have proof of admission in a Student and Exchange Visitor Program (SEVP)-approved school, sufficient financial support, and proof of intent to leave the US when you finish your studies.
Work Visas (H-1B, L-1, O-1)
The eligibility requirements will vary by visa type. H-1B is for specialty occupations, L-1 is for intra-company transferees, and O-1 is for individuals with extraordinary ability or achievement. This visa requires employer sponsorship, relevant qualifications or achievements, and compliance with the specific terms of the visa category.
Exchange Visitor Visas (J-1)
Participants in exchange programs use this visa to allow them to come to the United States to develop skills, like teaching, research, or studying. You’ll need documentation to prove sponsorship by an exchange program approved by the US State Department and proof of intent to return to the home country when you finish your program.
Transit Visas (C)
Transit Visas are for people passing through the US to go to another country. To obtain one, you’ll need proof of transit (travel itinerary or a ticket to your destination) and intent to enter another country after transiting the US.
Diplomatic Visas (A, G, NATO)
Foreign diplomats or officials and their families and staff members are eligible to get this visa to come to the United States. You’ll need official government business and documentation from the respective government or international organization.
For All Non-Immigrant Visas:
The requirements and process to get one of these visas are very similar to immigrant visas, and they include:
- General Requirements: A valid passport, nonimmigrant visa application (Form DS-160), application fee payment, and a photo.
- Interview: Most applicants must attend an interview at a US Embassy or Consulate.
- Home Country Ties Evidence: Demonstrating strong ties to your home country that will ensure your return after the temporary stay in the US.
It’s important to check the specific requirements for the particular visa category you are applying for, as the requirements can vary significantly. Additionally, visa policies and procedures can change, so it’s advisable to consult the official website of the US Department of State or the nearest US Embassy or Consulate for the most current information.
Additionally, retaining an experienced immigration attorney can help reduce the chances of running into problems that can slow the process. These lawyers can also guide you if you run into trouble.
Common Problems and Solutions
There are a few potential pitfalls or problems to watch for during the new immigration process. They include:
- Incomplete or incorrect forms
- Outdated or insufficient documentation
- Misunderstanding visa requirements
Our team at Getachew & Ansari Immigration Attorneys recommends you do the following during this process to help avoid pitfalls:
- Double-check your forms.
- Keep your documents organized and current.
- Understand your visa’s specific requirements.
- Communicate promptly.
When you finish with your interview and have all of your forms filled out and proof filed, you’ll have to wait for everything to process,
Post-Application Steps
Expect a waiting period after you submit your application, and the time frame varies based on visa category, country of origin, and USCIS workload. While you wait, monitoring its progress is crucial. Regularly check your application’s status on the USCIS or NVC website. Be prepared to respond promptly to requests for additional information or documents from USCIS or the consulate. If your application advances, you’ll get scheduled for an interview. Preparing thoroughly by reviewing your application and practicing responses to potential interview questions is crucial.
Preparing for Possible Outcomes
In terms of outcomes, if approved, you’ll receive instructions for visa collection and payment of the immigrant fee. If USCIS requests more evidence (RFE), ensure timely and accurate responses.
In case of denial, it’s essential to understand the reasons, as you may have options to reapply or appeal, depending on the specific circumstances of your case.
Staying informed, responsive, and prepared for each stage post-submission can significantly ease your journey toward immigration to the USA. If approved, you’ll move toward settling into your new life in the United States.
Establishing Your New Life in the US
Starting a new life in the US is exciting, and with some planning, you can make this transition smooth and successful. You want to research and have a plan in place for:
- Childcare
- Employment
- Healthcare and Finances
- Housing
- Social Security Number (SSN)
- Transportation
Each step you take in these areas will help establish a solid foundation for your new life in the United States. Additionally, take advantage of the resources available to you to help you settle into your new home and feel comfortable.
Resources for Children and Families
Integrating into a new country can be challenging for children and families, but the right resources can make this transition smoother.
Educational Resources
Explore local schools and educational programs when you’re moving to the USA. Many communities offer English as a Second Language (ESL) classes for children. Utilize online educational tools and local libraries to supplement learning.
Community Support and Cultural Adaptation
Connect with community centers and local organizations that offer programs for new immigrants. These can include cultural adaptation workshops, networking events, and family activities. Engaging in local cultural events and festivals is also a great way to understand and appreciate your new community’s culture and make new connections.
Legal Guidance: The Importance of Expert Advice
Understanding immigration law highlights the importance of seeking expert legal advice. Knowing when to hire a lawyer can be pivotal in your immigration journey.
Legal guidance becomes crucial in scenarios involving intricate family situations, people seeking asylum, employment-based petitions with stringent requirements, or when dealing with prior legal issues that might impact your application. An experienced immigration lawyer can provide clarity, ensure your application is thorough and compliant, and guide you through any unforeseen challenges.
For those who may find the cost of legal services a barrier, there are options for free legal help. Numerous non-profit organizations, community groups, and legal aid societies offer assistance in immigration matters. These resources can be invaluable, particularly for straightforward cases or during the initial stages of your immigration process.
At Getachew & Ansari Immigration Attorneys, we are committed to providing support tailored to your unique situation. Our expertise spans a broad spectrum of immigration issues, enabling us to offer comprehensive guidance from the initial consultation to the final resolution of your case.
Whether you’re going through the visa application process, facing legal complexities, or simply seeking advice on the best path forward, our team is equipped to assist you every step of the way, ensuring that your journey toward a new life in the US is as smooth and successful as possible. Reach out and contact us to start the process and welcome to the USA.
