Understanding U.S. Immigration

What Is U.S. Immigration?

Around 140,000 immigrant visas are available annually for non-citizens (and their spouses and children) who seek to immigrate to the U.S. based on their job skills.

Immigrating is the decision to permanently move to the U.S. and reside/carry work there. The U.S. immigration system is based on the principle of reuniting families, allowing skill-based workers to enter and work in the U.S., and for humanitarian purposes 

The U.S. lawful immigration process can be complicated to understand and you must meet the prerequisites before permanently immigrating. The process is especially difficult if English is not your first language. This guide will take you through every step of the immigration process. 

What is the Difference Between Being an Immigrant and Having a Non-Immigrant Visa?

An immigrant visa means that you are permanently relocating to the U.S. by going through consular proceedings or adjustment of status and acquiring a green card or lawful permanent residence, a non-immigrant visa is a temporary visa that may be used by a person to visit the U.S. to study, short term work, carry on business, attend a meeting or travel. 

Non-immigrant visas are temporary and have a pre-determined departure date. The visa is given for a specified purpose such as study or visit. For example, if you have an F-1 Student Visa then in the first year you cannot work off-campus. From the second year onwards you can work off-campus, however, there are restrictions on those as well. 

Hence, if you are planning to immigrate to the U.S. for a long period and would like to reside and carry work without restrictions on your visa you should apply for an immigrant visa.  

This guide will focus on the immigrant visas that are required to acquire lawful permanent residency status in the U.S. 

What Are The Different Types Of US Immigrant Visas? 

There are many different types of U.S. Immigrant Visas. The type of visa that you may require will depend on the purpose and duration of your visit as well as the category that you are applying through. Here’s a list of common immigrant visa categories. 

1. Immediate relative and family-based immigration – They are the most important immigrant visa applications. This is because there is no annual cap or limit on the grant for the annual admission of a U.S. citizen’s spouse, parents, and children under the age of 21.
   • Spouse of a U.S. Citizen
   • Unmarried Child of a U.S. Citizen who is under the age of 21.
   • Parent of a U.S. Citizen who is at least 21 years old. 
   • Spouse of a U.S. Citizen awaiting approval of a USCIS Form I-130 immigrant petition.
   • Fiancé(e) and child of a fiancé(e) to marry a U.S. Citizen & live in the U.S.
   • Intercountry Adoption of Orphan Children who are born in a different country by U.S. Citizens- The Visa category would depend on whether the adopted child is from a Hague or Non-Hague Convention Country. 
   • Widow or Widower of a U.S. Citizen.
   • Spouse of a Lawful Permanent Resident (LPR)
   • Unmarried child under the age of 21 of an LPR.
   • Unmarried son or daughter of an LPR who is either 21 years old or older.
2. Employment-Based Immigration- The employment categories are dividend as per the preference list, which is provided under:
   • First Preference- EB-1- “Persons of extraordinary ability” in the arts, science, education, business, or athletics; outstanding professors and researchers, multinational executives and managers.
   • Second Preference- EB-2- You are a member of a profession holding an advanced degree, you have exceptional ability in the sciences, arts, or business; or you are seeking a national interest waiver.
   • Third Preference- EB-3- You are a skilled worker with at least two years of job training, education, or experience; professionals with college degrees for which qualified workers are not available in the U.S., or “other” workers for unskilled labor that is not temporary or seasonal that requires less than two (2) years training or experience.
   • Fourth Preference- EB-4- You are a special immigrant including religious workers, special immigrant juveniles, broadcasters, employees of U.S. foreign service posts, former U.S. government employees, members of U.S. armed forces, etc. 
   • EB-5- Immigrant Investors who invest at least $1,050,000 million (or $800,000 in a targeted employment area or infrastructure project) in a new commercial enterprise in the U.S., which will create full-time positions for at least 10 qualifying employees. If you want to know more about the EB-5 investment immigration category visit the website of the USCIS to learn about the investment guidelines and consult a lawyer/financial advisor before investing. 
3. Humanitarian Based Immigration
   • Religious Workers
   • Special Immigrant Juvenile
   • Iraqi and Afghan Translators/Interpreters
   • Iraqis Who Worked for/on Behalf of the U.S. Government
   • International Broadcaster
   • Afghans Who Worked for/on Behalf of the U.S. Government
4. Refugees or Asylees- There is an annual limit imposed by the President of the U.S. for the admission of refugees in the U.S. (presently at 125,000), however, in case of admission of asylees in the U.S., there is no annual cap. 
5. Department of State’s (DOS) Diversity Visa Lottery- There is an annual limit of 55,000. 
6. Green Card through Registry or “Longtime Resident Green Cards”- They are available only in case you entered into and have resided continuously in the U.S. since before January 1, 1972, even if you are currently living unlawfully.

What Is The Order Of Preference In Application Through Family-Based Immigration?

If you want to apply for a green card and are going through the family-based route, there are four preferences as per the USCIS. Here they are in the relevant order:

1.  First preference (F1) – unmarried sons and daughters (21 years of age and older) of U.S. citizens
2. Second preference (F2A) – spouses and children (unmarried and under 21 years of age) of lawful permanent residents.
3. Second preference (F2B) – unmarried sons and daughters (21 years of age and older) of lawful permanent residents.
4. Third preference (F3) – married sons and daughters of U.S. citizens. 
5. Fourth preference (F4) – brothers and sisters of U.S. citizens (if the U.S. citizen is 21 years of age and older).

How To Apply For An Immigrant Visa? 

In case you want to become a lawful permanent resident and apply for permanent resident status, you may apply in two ways: 

Adjustment of Status

If you are already living in the U.S. and applied for a lawful permanent resident card or green card you may be eligible for adjustment of status. Adjustment of Status allows a person to reside and work in the U.S. while the visa process is completed. To apply for an adjustment of status you must prepare and file USCIS Form I-485 (Application to Register Permanent Residence or Adjust Status). 

Further, in case you are applying for a family-based green card you must be the beneficiary of a USCIS Form I-130 (Petition for Alien Relative). Form I-130 is used in family-based petitions to prove a relation between the U.S. Citizen/LPR who is filling the form as the petitioner with you being the beneficiary. 

The next step is to file a USCIS Form I-864 (Affidavit of Support) which is used by a U.S. citizen/LPR as the petitioner who agrees to sponsor you (provided they meet the criteria of being a sponsor) and ensures that they will reimburse the U.S. government in case you become a public charge. 

What Are The Common Bars To Adjustment Of Status?

The USCIS provides certain cases in which you are unable to apply for adjustment of status. Here’s a list of some of the usual violations under Section 245(c) of the INA which may be a bar to adjustment of status:

1. You entered the U.S. illegally i.e. lack of legal immigration.
2. You failed to maintain a lawful status since your entry into the U.S.,  
3. You committed an act or violation of immigration law or your immigration status, for example, you did not maintain the limitation on employment, or you did not obey all the laws in force in the jurisdiction of the U.S., etc. 
4. If you are a non-citizen who was admitted to the U.S. under a visa waiver program cannot apply for an adjustment of immigration status. 
5. If you are a non-citizen who is admitted as a witness or information of terrorist/criminal activities are barred from adjusting your immigration status.
6. If you are a non-citizen who has been granted a conditional green card cannot apply for lawful permanent residence on a new basis. Instead, you can file USCIS Form I-751, Petition to Remove Conditions on Residence.
7. If you are a non-immigrant who was admitted as a fiancé(e) to a U.S. Citizen you cannot apply for adjustment of status except based on the marriage to the U.S. Citizen who filed Form I-129F, Petition for Alien Fiancé(e). 

Consular Proceedings 

If the U.S. is not your country of residence and you live outside, then you will apply for lawful permanent residence through consular processing. In case of a consular proceeding, you would apply through a U.S. consulate or embassy that is near to you. You have to apply for lawful permanent residence by filling out Form DS-260 and submitting it online. 

The eligibility requirements for obtaining a green card through adjustment through status and consular proceedings are the same, the only difference being the residence of the applicant. While consular proceedings happen outside the U.S., adjustment of status is conducted from within the U.S. The National Visa Center (NVC) is responsible for verifying documents are information. 

Before applying for Adjustment of Status or Consular Proceedings take a free green card eligibility qualification quiz on FileRight.com. This ensures that you are eligible before spending time and money on obtaining a green card, and you are pursuing the process that is right for your needs.

What Are The Next Steps Of The Immigration Process?

After filing and submitting the forms, the USCIS or the Consulate (depending on application type) will process your application. In case you are applying from within the U.S. an appointment will be scheduled where your biometric would be taken. You will further be required to undergo a medical examination by a designated civil surgeon. 

In case you are applying from outside the U.S. after your application is processed, your biometrics will be taken and you will have to undergo a medical examination by a designated panel physician. The main difference would be that the medical examination in consular proceedings would be more thorough because if you are applying through adjustment of status then you may have undergone a medical examination and immunization as part of your initial application to enter the U.S.

Soon after the USCIS/consulate schedules an in-person interview and shares the details such as the appointment date, time, and location with you by sending a notice. You must carry photocopies of your documents as well as any other material that is required to be carried as per the interview notice. 

What Happens Once The Application Is Approved?

Once your application is approved you will receive a letter from the USICIS informing you of the change in your immigration status. Your green card will be delivered to you within the next few weeks at the physical/mailing address that you provided in your application. 

What Rights Do I Get As A Lawful U.S. Immigrant?

 As a permanent legal immigrant to the U.S., you receive a green card that is issued for 10 years and may be renewed indefinitely. This card is not only evidence of your status but also gives you the right to reside and carry on work in the U.S. during the validity of your permanent residence status, as well as travel abroad and re-enter the U.S. without filing for advance parole. Further, you acquire the status of a Lawful Permanent Resident or LPR which may act as a pathway to U.S. citizenship in the future. 

However, in some Family Sponsored Petitions and Investor Programs, the USCIS gives a “conditional green card” which is valid for two years. While it gives you the status of a lawful permanent resident, the status is conditional to you removing the conditions before the expiry of the two years of the conditional green card. 

What Can I Do If My U.S. Green Card Application Is Rejected?

If case your application for a green card is rejected and you believe that the decision was unfavorable or unjust then you may appeal within 30 days of the decision. However, the time begins when the decision is given and not when you receive knowledge of it. However, if the USCIS is delivering the decision physically, you are given 30+3 days to file an appeal against the rejection of your application for lawful permanent residence status. 

You may file the appeal either with the USCIS Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA) by using USCIS Form I-290B, Notice of Appeal or Motion. However, in most cases (except revocation of approved USCIS Form I-140, Immigrant Petition for Alien Worker), only the application or petitioner can file the appeal and not the beneficiary. 

The USCIS would provide details about the appeal process and inform you of the authority where you may appeal the decision in the notice of denial or revocation. You may contact licensed immigration experts of FileRight.com in case of any query/difficulty. 

What Are The Prescribed Fee(s) and The Overall Cost Of The Immigration Process?

The most common way of obtaining a green card is by applying for a family-based green card or an employment-based green card. The USCIS charges $1,440 for filing Form I-485. Furthermore,  the USCIS paper filing fee for the I-130, Petition for Alien Relative is $6,75 and the filing fee for the I-140, Immigrant Petition for Alien Worker is $715. There may also be an additional fee for Biometric service of $85 if the petitioner is between the age of 14-78 years. 

All in all, the immigration process may end up costing you between $2,500-3,000 when applying for a family-based green card. In the case of employment-based green cards, the employer may face additional fees of around $8,000-10,000 for labor certification and other fees.

The fees that are paid to the USCIS are nonrefundable. In case your application is denied, and you are unable to appeal, you will have to start the process once again and pay the prescribed fees. FileRight.com offers a money-back guarantee, which includes the fee paid to us and the government filing fee paid to USCIS in case your application is rejected. 

Additionally, during the lawful permanent immigration process, you may incur other fees such as the cost of medical examination by a designated civil surgeon/panel physician, and the cost of translating documents by a licensed translator (in case the document of your country of origin are in a language other than English). Furthermore, you may incur costs while physically/digitally submitting documents to the USCIS and procuring documents from government agencies as they may charge a fee. 

Refer to the USCIS Fee FAQs to learn more about exemptions, waivers, and the fee schedule. 

How Long Does The U.S. Immigration Process Take?

The lawful immigration processing time is subject to the visa category, the green card category through which you are applying, and the availability of visas in that category. The Immigration and Nationality Act (INA) sets the rules, limits, and waivers of the immigration system and is the principal law that governs the U.S. immigration policy. 

Furthermore, the bureaucratic process of verification of documents, medical examinations, scheduling of interviews, and availability of slots for biometric appointments may also delay the immigration process.

That being said, the process of acquiring a green card can range from a couple of months to several years. In many cases where a person is applying for adjustment of status, they become eligible for the naturalization process. 

How To Contact The USCIS?

• To get an accurate case processing time of your status, you should contact the USCIS and check your case processing time.
  • If you are within the U.S. you may also call the USCIS Contact Center at 1-800-375-5283 or TTY 1-800-767-1833. 
  • If you are outside the U.S. you may call 212-620-3418 or contact the U.S. consulate/embassy processing your application. 
• You may also refer to the FAQs on appeals and motions to reopen available on the USICS website. 

Conclusion

It can be very difficult to understand the process of lawfully immigrating to the U.S. due to the multiplicity of forms, procedures, and fees. The process can be time-consuming and expensive. This guide contains various aspects of the U.S. immigration process, visas, processing time, and costs. The most important part of your immigration journey is to be accurate and well-informed about the changes to the immigration policy. FileRight.com ensures through its immigration software that complete and correct information is filled in the green card applications. 

You must ensure while filling the prescribed forms that no misinformation, misrepresentation, or omission of information is done. Mistakes of any kind can lead to delays and even rejection of applications. 

FAQ’s

What is the 90-day rule?

The USCIS 90-day rule is an important part of the immigration process. It states that a non-immigrant visa holder must not do any activity that is prohibited by their visa within the first 90 days of their arrival to the U.S. as the same would amount to providing false information when entering the U.S. and may lead to inadmissibility to apply for a green card or lawful permanent resident status. In some cases, it may even lead to deportation and a ban from re-entry. 

What is the green card lottery/diversity visa program?

The Diversity Visa Program, more commonly known as the Green Card Lottery is a program of the U.S. Department of State (DOS). Under the program every year more than 55,000 immigrant visas are awarded. However, the program is only available to natives of countries with low immigration rates to the U.S. and the natives must have graduated from High School or have equivalent qualifying work experience. To know more and file for a diversity visa visit the website of the U.S. Department of State, Bureau of Consular Affairs. 

How can I fast-track my Immigration Process?

If you want to become a lawful permanent resident faster you may request for an expedited process, provided that you can fulfill the requirements. USCIS will only allow for an expedited process if you can show that the delay in the grant of a green card will cause severe financial loss, and/or there is a humanitarian concern such as a medical emergency or extreme living conditions. Additionally, as there are yearly caps on the grant of immigrant visas, you can transfer the “underlying basis” and apply for a different visa category for which you are eligible and adjust your status through that category. 

What is the concept of ceiling/cap of visas?

There is an annual cap on immigration visas that is imposed by the Immigration and Nationality Act (INA). There are different types of ceilings/caps such as there are per-country ceilings for the number of immigrants coming to the U.S. from one country, limits on family-based immigration, employment-based immigration, diversity visa programs, etc. This is to ensure that immigration is controlled and no one category of green card application enters the country on a permanent basis. 

What is the National Interest Waiver and how does the USCIS consider it?

If you are seeking a National Interest Waiver then you may apply through the employment-based visa category and will be given a preference in EB-2. Further, if you are eligible to sponsor yourself and do not require an employer to sponsor your immigration application. The USCIS considers three factors when granting it: the proposed endeavor has both substantial merit and national importance; you are well positioned to advance the proposed endeavor; on balance, it would be beneficial to the U.S. to waive the requirements of a job offer, and the labor certification.