Navigating U.S. immigration can be complex, but understanding the various visa types and the application process is key to a successful journey. Here’s a breakdown of essential details:
Immigrant vs. Nonimmigrant Visas:
- Immigrant visas (Green Cards): These are for permanent residency and provide unrestricted employment, a path to citizenship, and the ability to live permanently in the U.S.
- Nonimmigrant visas: Temporary visas for visiting, working, or studying, which can sometimes be extended or renewed.
Key Green Card Categories:
- Family-Based Green Cards:
For spouses, children, parents, and sometimes siblings of U.S. citizens or green card holders. Immediate relatives of U.S. citizens (spouses, children under 21, parents) have no cap on the number of visas issued, but family preference categories have annual limits, leading to wait times that can range from a year to over a decade. - Employment-Based Green Cards:
These include five categories, with the first four (EB-1, EB-2, EB-3, EB-4) for workers with specific skills or professional qualifications, and EB-5 for investors who create U.S. jobs. Categories requiring employer sponsorship typically require labor certification, ensuring no qualified U.S. workers are available for the role. - Humanitarian Green Cards:
Issued to refugees, asylees, and victims of trafficking or certain crimes. - Diversity Lottery Green Cards:
A lottery system offering 50,000 visas annually to individuals from countries with low U.S. immigration rates. - Longtime-Resident Green Cards:
For those who’ve lived in the U.S. since January 1, 1972.
Green Card Requirements:
- Background check: Police reports and criminal history inquiries.
- Medical exam: Assessing your health, including mental health and any contagious diseases.
- Affidavit of financial support: To ensure you won’t become a public charge (relying on government assistance).
Costs:
- Family-based green card: Around $3005 for applicants in the U.S. and $1540 for those abroad.
- Employment-based green card: Around $2330 in fees, but could rise up to $10,000 with employer-related costs.
Important Considerations:
- Family-based green cards allow for immediate eligibility for U.S. citizenship (after 3 years for spouses), while employment-based green cards often require employer sponsorship and extensive documentation of your skills.
- Visa changes and delays: Always stay updated on potential fee changes and delays in visa processing to avoid surprises.
Applying for an Immigrant Visa
The process of applying for an immigrant visa in the United States can be quite intricate, and whether you’re applying from inside or outside the country will determine which steps you need to follow. Here’s an outline of the process:
1. Petition Filing
- Family-based green cards: The sponsor (a U.S. citizen or permanent resident) files Form I-130, which proves the family relationship.
- Employment-based green cards: The employer files Form I-140, which is a petition for an immigrant worker.
2. Approval and Application
After USCIS approves the petition, you will either file for:
- Adjustment of Status (AOS) if you are in the U.S. (using Form I-485).
- Consular Processing if you are outside the U.S. (using Form DS-260).
3. Biometrics and Medical Exam
You’ll undergo a biometrics appointment (fingerprints, photos) and a medical exam, which is required to verify health and criminal background.
4. Interview
Whether you apply inside or outside the U.S., you will be required to attend an interview at either a USCIS office (inside the U.S.) or a U.S. consulate (outside the U.S.).
5. Final Decision
- Inside the U.S.: After the interview, you may receive your green card in the mail.
- Outside the U.S.: If approved, you will get a visa in your passport, which will allow you to travel to the U.S. Once you arrive, your green card will be mailed to you.
Wait Times
- Family-based green cards: Processing times vary by category and country of origin. Immediate relatives of U.S. citizens may face shorter waits, but family preference categories can take years.
- Employment-based green cards: Wait times depend on the EB category, but employment-based petitions tend to have shorter processing times than family-based ones.
Important Considerations
- Be mindful of the 90-day rule: If you apply for Adjustment of Status within 90 days of entering on a nonimmigrant visa, it may raise concerns about your intentions.
- If you’ve overstayed a visa or had previous violations, this could complicate your green card application.
- Avoid scams: Be cautious when seeking help with your immigration process, and only rely on legitimate sources or immigration attorneys.
Law and Visas offer support throughout the process, helping you prepare documents and navigate the complexities of immigration law, making the process smoother and more affordable.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the US straightforward and successful. Whether you’re applying for a Spouse Visa, Green Card, Visitor Visa, or Study Visa, we handle every step from preparing your application to gathering the required documents.
Our immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need in the US. Call us today at +234 812 5505 986 to learn how we can assist you.
