Immigration To USA

USA Immigration Guide

U.S. voters and legal permanent residents (green card holders) will sponsor members of the family for permanent resident standing (the questionable “green card”). The conditions for support by U.S. voters and permanent residents square measure considerably completely different and therefore the delays for a positive identification supply vary greatly furthermore.

There are visas on the market to fiancé(e)s and spouses of U.S. citizens, that change them to return to the U.S. before applying for permanent resident standing. However, it’s typically easier for the foreign significant other of a U.S. national to use directly for AN migrant visa at the U.S. diplomatic building in her/his country of residence when the U.S. voters has obtained approval a petition within the U.S.

Sponsorship by U.S. voters and Permanent Residents

U.S. voters and permanent residents will petition for inexperienced cards to be issued to sure relatives. This involves a ballroom dancing process;

filing a petition for classification of the relative as a qualifying relative;
the foreign relative filing for adjustment of standing with U.S. Citizenship and Immigration Services (USCIS) within the U.S., or for AN migrant visa from a diplomatic building outside of the U.S.
All relatives of U.S. citizens, except immediate relatives, square measure subject to waiting periods (due to backlogs inside the quota system obligatory on every class of relative). The a lot of distant the connection, the longer the wait. All relatives of Permanent Residents, while not exception, square measure subject to waiting periods.

After USCIS has approved the petition, it’s sent to the National Visa Center (NVC) wherever it’ll be assigned a case variety. Once any applicable waiting time has passed and therefore the case reaches the front of the process queue, the NVC can begin process the mortal’s case by contacting the petitioner and applicant with directions for submitting the acceptable fees. when the fees are paid, the NVC can request that the mandatory migrant visa documentation be submitted to the NVC. Once the NVC determines that the file is complete, they schedule the applicant’s interview appointment at the U.S. Embassy or diplomatic building wherever the mortal are going to be interviewed for AN migrant visa.

The classes of relatives and therefore the various waiting periods square measure as follows:

Immediate Relatives
The spouses, biological youngsters, step-children UN agency were beneath eighteen at the time of wedding, and fogeys of U.S. voters square measure thought of the nighest relatives, and as a result they’re not subject to the positive identification quota system and therefore the waiting amount. Also, immediate relatives of U.S. voters will still get the positive identification, albeit they’re within the U.S. and have overstayed their visa. However, if the immediate relative entered the U.S. illegally, then that person will get the positive identification providing they’re eligible beneath the special law known as INA 245(i).

1st Preference class
Unmarried sons and daughters of U.S. voters over twenty one years archaic. This class is assigned twenty three,400 inexperienced cards each year, and therefore the waiting amount is around five years.

2nd Preference class
This class is assigned solely to relatives of legal permanent resident aliens (green card holders), and is split into 2 subcategories.

Sub-Category 2A
This class is assigned to the significant other and youngsters of the significant other (regardless of whether or not the kid is that the biological or step-child of the LPR). The waiting amount during this preference class has for an extended time been around 4-5 years. However, in 2010, the waiting time has dropped all the way down to 5-6 months.

Sub-Category 2B
Unmarried sons and daughters, over the age of 21, of LPR’s. The waiting amount is presently around five years.

3rd Preference Category:
Married sons and daughters of U.S. citizens (regardless of age). This category is also allotted 23,400 green cards per year plus any remaining green cards from higher preference categories, and therefore the waiting amount is around eight years.

4th Preference Category:
Brothers and Sisters of U.S. citizens. This category is additionally allotted 65,000 inexperienced cards per year and any remaining inexperienced cards from higher preference classes, and therefore the waiting amount is around 8-10 years.

Other concerns within the positive identification method for Relatives of U.S. voters and Permanent Residents

Generally, the U.S. national or permanent resident petitioner 1st files a petition with USCIS for the foreign significant other to immigrate to the u. s.. In sure circumstances, service with the U.S. military, or U.S. government, or temporary assignment abroad by a personal leader, the U.S. citizen or permanent resident living abroad can file the petition directly at a U.S. Embassy or diplomatic building. Please note, within the case of a U.S. citizen petitioning for his or her parents, that the U.S. citizen must be at least 21 years of age before petitioning for the parents. Otherwise, the minimum requirements for petitioning for a spouse or children/step-children is that the petitioner be at least 18 years of age and have his or her domicile in the U.S.

Once the receipt notice for the petition (not the approval) is obtained, the U.S. national files a second petition with USCIS for the K-3 visa. Upon approval of this petition, the foreign significant other should submit a K-3 visa application to the U.S. diplomatic building in his/her place of residence, or within the country wherever the wedding materialized, if that country wasn’t the u. s..
The foreign significant other will then enter the U.S., and apply for the positive identification, either inside the U.S. through USCIS, or through the U.S. diplomatic building within the foreign spouse’s country of residence

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