A Quick Guide to the U.S. Immigration Process

A Quick Guide to the U.S. Immigration Process

U.S. immigration process can be fairly complicated, and there is a lot of confusion about how it works. There are several rules to go through. The leading immigration attorneys in San Diego have put together a quick guide on U.S. immigration process.

1. Family-Based Immigration

Family-based immigrants are allowed to enter the U.S. as either immediate relative of U.S. citizens or by means of the family preference system. Immediate relatives include spouse, unmarried minor children (below the age of 21), and parents of the U.S. citizen. Preference system includes adult children, spouses, and unmarried (minor or adult) children.

2. Refugees

Refugees are admitted to the country if they could demonstrate their inability to return to their home countries because of a “well-founded fear of persecution.” Refugees can apply for U.S. entry through a transition country. Their admission is based upon as assessment of the degree of risk they face, their membership in any group that is of concern to the United States, and whether or not they have families in the U.S. Every year, the Congress determines a specific ceiling for the admission of refugees. After the September 11 attacks, the ceiling has fallen drastically and more vigorous procedures have been implemented for the inflow of refugees to the country.

3. Business Visas

The United States issues visas to immigrants with specialized skills. The two main types of visas available include the Temporary Visa Classifications and the Permanent Immigration. Temporary visa clarifications allow U.S. employers to hire foreign nationals for specific jobs for specified time periods. The visa classifications have different eligibility criteria, duration, and other considerations. In most cases, temporary employment visa holders are required if their employment is terminated or their visa expires. The United States only issues about 140,000 permanent immigration visas per annum. This figure includes immigrants, their spouses, and their minor children. These visas are further bifurcated into several other categories.

4. Humanitarian Relief

A Temporary Protected Status (TPS) is granted to foreign nationals who cannot return to their home country due to natural disaster, ongoing armed conflict, or extraordinary temporary conditions. TPS is normally granted for 6 months, but it can be extended to 18 months if the instability persists in the person’s home country. On a similar note, the Deferred Enforced Departure (DED) protects individuals from deportation if the conditions in their home countries have become so unstable that they make their return dangerous. However, DED may not assist individuals in getting an immigration status.

5. Diversity Visa Program

This visa program was launched in 1990 and was intended to target individuals from countries with very low rates of immigration to the U.S. Every year, 55,000 visas are awarded to nationals from different countries. These countries must have sent less than 50,000 immigrants to the U.S. in the last five years. If you’re eligible for a diversity visa program, you can register for the lottery. However, these lottery programs are designed to benefit people from African and Eastern European origins.

Read Our Latest BLOG: How COVID-19 Is Affecting U.S. Immigration

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