WELCOME TO THE UNITED STATES OF AMERICA
WHO CAN IMMIGRATE TO THE UNITED STATES, AND HOW CAN IT BE DONE SAFELY AND PROPERLY?
1) Reunification of Families
2) Filling skillful Jobs, which cannot be filled by American Workers
3) Humanitarian Grounds
4) Promoting Diversification of the People
5) Wealthy Immigrants who can bring large sums of money and create jobs for American Workers
The United States Immigration Laws allow the issuance of up to 675,000 Permanent Immigrant Visas per year under various categories.
Please note that Immigration Laws are very complicated and convoluted. Finding the best path toward making your immigration dream into a reality, requires knowledge, skill, experience and diligence. Here at Chosen Lawyers, we have some of the most Capable, Credible and Compassionate Immigration Lawyers, who are ready, willing and able to help you from start-to-success. For a Free Case Evaluation, please click or call Chosen Lawyers now.
UNITED STATES INVESTMENT IMMIGRANT VISA
Every year, millions of people from around the world come to the United States as tourists, immigrants, refugees or to expand their educational studies or businesses. However, it is important to note that United States’ Immigration Laws are very complex and convoluted. Finding the best path toward making your immigration dream a reality, requires knowledge, skill, experience and diligence.
Here at Chosen Lawyers, we have some of the best Immigration Lawyers that are ready, willing and able to help you from start-to-success. For a Free Case Evaluation, please Click or Call Now.
1) THE EB-5 INVESTOR VISA LEGAL PERMANENT RESIDENCY(LPR) GREEN CARD
The EB-5 Investment Visa Program enables qualified investors and their eligible family members from all over the world to become Legal Permanent Residents (LPR also known as Green Card) in the United States. This program was established by the Congress of the United States in 1990 to allure foreign money, create jobs and stimulate the United States’ economy.
HOW MUCH INVESTMENT IS REQUIRED FOR EB-5 VISA PROGRAM?
The EB-5 Investment amount is a minimum of $800,000 for businesses that are located in a Targeted Employment Area (TEA). If a business is not in a TEA area, the minimum required amount is $1,50,000. In addition to the minimum amount of investment the applicant must pay for Government Fees, Lawyers’ Fees and Administrative Fees, which could be at least 10% of the actual investment, if not more.
CAN SUCCESSFUL APPLICANTS AND THEIR ELIGIBLE FAMILY MEMBERS OBTAIN U.S. CITIZENSHIP?
YES. However, the successful applicants and their approved family members must live with their Green Cards for a period of 3 to 5 years, before applying for Naturalization. After meeting the Naturalization Process, they can obtain their U.S. Citizenship and Passport.
WHAT ARE THE REQUIREMENTS FOR EB-5 PROGRAM?
Here is a brief overview of requirements for the EB-5 Investor/Immigration Program:
1) Capital Investment: A Minimum of $800,000 in Targeted Employment Areas or $1,50,000 investment in a commercial enterprise in the United States.
2) Job Creation: The Investment must create at least 10 full-time jobs.
3) Business Plan: The Investor must present a credible Business Plan, which demonstrates how the investment will benefit the United States’ Economy.
4) Source of Funds: The applicant/investor must prove that all the money used for the Investment were from legitimate and legal sources.
5) Criminal Record Check: The applicant must submit to a complete background check probe—thus have a clean and clear record.
6) Status Compliance: The applicant/Investor must comply with all Immigration Rules and Regulations.
USCIS is in charge of administering the EB5 program.
HOW THE EB-5 INVESTMENT MUST BE MADE?
- The Applicant has the choice to make a direct investment. This means, the applicants can start a business of their own.
- The Applicants can make their investment through a qualified Regional Center.
WHAT KIND OF BUSINESS QUALIFIES FOR EB-5 IMMIGRANT VISA?
- New for-profit businesses established after November 29, 1990.
- The business can be a restaurant, supermarket or any other active business. Therefore, buying a parcel of land or a home or stocks do not qualify.
- A business established before November 29, 1990 could qualify if the applicant/investor substantially reorganizes or restructures or increases the size of the business in terms of business net worth or number of employees by 40% or more.
WHAT IS A TARGETED EMPLOYMENT AREA?
A Targeted Employment Area is referred to an area with high unemployment, at least 150% of the national average or rural, undeveloped or underdeveloped areas.
WHAT IS A REGIONAL CENTER?
A Regional Center is a business that is approved by the United States Citizenship & Immigration Services (USCIS). A regional center generally pools together many investors’ money in order to do business. It can develop a hotel, retirement home, airport, resort, hospital and so on.
WHAT ARE THE DIFFERENCES BETWEEN REGIONAL CENTERS AND DIRECT INVESTMENTS?
- In a Direct Investment, the applicant/investor starts or takes over a qualifying business, and runs it.
- In a Regional Center all the Applicant/Investor has to do is to pay the investment amount. Their involvement with day-to-day operation could be very minimal, such as voting, or none at all.
- In Direct Investment, the Applicant/Investor/Manager of the new business must create 10 full-time jobs.
- In a Regional Center Investment, the 10 jobs could be derivative. This means the jobs could be created by other businesses that are created because of the big project done by the regional center.
- In other words, Regional Centers use an Economic Multiplier formula that shows the creation of the jobs in the area.
Please Note: If you buy an existing business, which has 10 full time employees, these employees do not count. You must create new 10 full time jobs not including you or your children. Although there is an exception called: “Troubled Business Exception Rule.” This means if the EB-5 Investor saves a business from going bankrupt, thus saves 10 jobs, then it would count. The saved jobs must last for at least 2 years.
WHAT DOES LAWFUL SOURCE OF FUND MEAN?
EB-5 Investment Visa Program requires that the money invested is legitimate. For instance, the Applicant/Investor:
- Earned it via employment.
- Received a gift.
- Loan.
- Sold a property or business or investment.
- Inherited money.
- Inventory.
WHAT DOES INVESTMENT MUST BE “AT RISK” MEAN?
It simply means, nobody can guarantee that the Investors will not lose their investments. The Investment will be like any other business, if the business does well, the investor may make a profit, and if the business tanks, they may lose some or all of their investment amount. In other words, the investment amount must be subject to gain or loss of the business. That is because the investment amount is not a loan to the commercial enterprise.
HOW DOES THE EB-5 PROCESS WORK?
The EB-5 Visa Process is fairly complicated. A wrong decision could cost many delays, depletion of investment and rejection. The first wise step toward EB-5 Investment Visa is to hire a Capable, Credible and Compassionate Chosen Lawyer. Your lawyer will prepare you from start-to-success via the following process:
- Is EB-5 the best way to obtain your immigrant visa?
- If so, your Chosen Lawyer will make sure that your investment is in compliance with Immigration Requirement.
- They will prepare everything properly and timely.
- Your Chosen Lawyer will conduct their due diligence in choosing the right type of investment.
- Your Chosen Lawyer will help you with form I-526.
- Help you deposit your money into a bonded and insured escrow company.
- After completing the documentations properly, your Chosen Lawyer will file the documents on your behalf.
- Once your application is approved, your Chosen Lawyer will apply for your conditional green card, which is valid for 2 years.
- Once all conditions such as creation of direct or indirect full-time jobs are proven, within the required period of time, your Chosen Lawyer will help file Form I-829 to remove the condition, thus getting your Permanent Residency Green Card.
CAN A SUCCESSFUL EB-5 APPLICANT BECOME A UNITED STATES CITIZEN?
Generally, Yes! After 5 years of residency in the United States with your green card, you become eligible to apply for citizenship, which is also called Naturalization.
CAN THE REQUIREMENTS FOR EB-5 CHANGE?
Yes. EB-5 existence, terms and conditions are subject to government decisions and they can change drastically.
CAN MY FAMILY MEMBERS BE INCLUDED IN MY EB-5 VISA?
Yes. Your spouse, and unmarried children under the age of 21 are eligible to apply under your Investment Program. However, you must be careful in arranging your EB-5 process so your children do not “age out.” After my EB-5 is approved, how long do I have to move to the United States? Generally, your EB-5 Immigrant Visa is valid for 6 months. Once you come to the United States, you become a conditional Lawful Permanent Resident. And you will receive your Green Card via mail.
TO QUALIFY FOR EB-5, DO I HAVE TO LIVE IN THE UNITED STATES?
Yes. You must show that you intend to make the United States your primary residence. Of course, you can leave for short periods and come back. If you need to leave for a long time, you must ask your Chosen Lawyer to obtain a Re-entry Permit for you, before you leave.
HOW LONG AN EB-5 INVESTOR MUST MAINTAIN THE INVESTMENT?
As of March 15, 2022, generally, an EB-5 Investor must maintain their investment for 2 years, as long as the 10 full-time jobs are created and maintained. Sometimes, this period of time may be longer.
E-2 TREATY INVESTOR VISA (TEMPORARY)
E-2 Visa program is referred to the Treaty Investor/Trader Visa. This is a Non Immigrant Visa, which allows a qualified national of a country, which has a Treaty of Commerce and Navigation with the United States, to be admitted as a non immigrant visa holder when they invest a substantial amount of money in a U.S. Business.
To qualify for E-2 Visa, the applicant must meet the following requirements:
- The Investor must be a national of a country that has a treaty of commerce and navigation with the United States.
- The applicant must invest a substantial amount of capital in a U.S. Business. Much like the EB-5 program, the E-2 program also mandates that the investment amount be fully committed and at risk. The quantity of the amount depends on the type of business.
- Source of Funds: The applicant/investor must prove that all the money used for the Investment were from legitimate and legal sources.
- Criminal Record Check: The applicant must submit to a complete background check probe—thus have a clean and clear record.
- Status Compliance: The applicant/Investor must comply with all Immigration Rules and Regulations.
- The applicant must have a controlling interest in the business. This means, the applicant must have more than 50% ownership of the business.
- The applicant must be able to come to the United States and manage the business.
- The business must be a for-profit entity with potential of creating jobs and growing. Non-profit 501(c) (3) corporations do not qualify.
EB-1A IMMIGRANT VISA
The EB-1A Immigrant Visa is a wonderful option for extraordinary people in the fields of Education, Athletics, Business, Science and Art. With the EB-1A option, you can get a Green Card without a United States Job Offer. Moreover, your application can be reviewed in just 15 days after it is received, because Premium Processing is available for this Visa category.
What are the requirements for the EB-1A Visa?
The main requirement is that the applicant must have extraordinary abilities in their field and they must continue their work in the same field here in the U.S.
WHAT ARE THE EB-1A VISA’S BENEFITS?
1) The qualified individual can self-petition. This means, they don’t need a person or business to sponsor the applicant or give them a job offer.
2) There’s no need for the lengthy and difficult Labor Certification process.
3) EB-1A Visa is an immigrant visa. This means, the successful applicant will become a Green Card Holder and after 5 years they are eligible to apply for citizenship.
4) The applicant’s spouse and unmarried children under 21 years old can also obtain their Green Cards.
5) Premium Processing at an extra charge is available for this category. This means, you could get a response within 15 days from the day the USCIS receives your application.
WHAT ARE THE MAIN REQUIREMENTS FOR EB-1A IMMIGRANT VISA?
Your Chosen Lawyer has to prove 3 of the following requirements:
1) You have an extraordinary ability in one of the following fields: Arts, Education, Science, Business or Athletics.
2) Your main purpose for an EB-1A visa is to come to the United States and pursue your work.
3) Your presence in the United States will substantially benefit the United States and not just you.
HOW DO I APPLY FOR AN EB-1A VISA?
While you are not mandated by law to retain the services of a competent attorney, we believe, you should. Chosen Immigration Lawyers are some of the most Capable, Credible and Compassionate Lawyers in the country. And they are here to help you prepare and present everything professionally from start-to-success.
Please Remember:
When it comes to Immigration Law, being a highly qualified candidate is not enough. You must prove it to the USCIS officers, who don’t know you. And that is a major impediment on the path of many qualified applicants, who fail to obtain the EB-1A Visa. For a Free Case Evaluation, please click or call Chosen Lawyers now.
FAMILY-BASED IMMIGRATION
Family unification is an important principle governing U.S. immigration policy. The family-based immigration system allows U.S. citizens and LPRs to enable certain family members to gain LPR status as well. Even U.S. citizens seeking to help an immediate family member already in the United States must technically petition for a visa so that their family member can become an LPR. An unlimited number of visas are available every year for immediate relatives of U.S. citizens. Prospective immigrants in this category must meet standard eligibility criteria, and petitioners must meet certain age and financial requirements.
WHO ARE THE ELIGIBLE FAMILY MEMBERS?
The Unmarried Sons or Daughters of a United States’ Citizen—F-1 Immigrant Visa
- The sons and daughters under immigration law are referred to children over the age of 21. While a child is referred to children who are single and under age 21. F-1 Immigrant Visas are issued on Family-based preference. The current wait time is about 8 years. However, for the Philippines it is 15 years and for Mexicans 21 Years.
- Spouse and Unmarried Children of Green card Holders—F-2A Immigrant Visa
- Green Card Holders can sponsor their spouses and unmarried children under age 21. These Immigrant Visas are issued on Family-based preference.
F-2B: Unmarried Son or Daughter of Lawful Permanent Green Card Holders Unmarried Sons and Daughters F-2B
- Green Card Holders can also sponsor their unmarried children over 21. However, the children must stay unmarried until they receive their Green Cards. These Immigrant Visas are issued on Family-based preference.
United States Citizens can Sponsor their Married Sons and Daughters under F-3 Immigrant Visa Category
- United States Citizens can Sponsor their Married Sons and Daughters under F-3 Immigrant Visa Category
United States Citizens can Sponsor their Brothers and Sisters under F-4 Immigrant Visa Category
- This category is also subject to Family-Based Preference and the backlog is about 12.5 years.
UNITED STATES CITIZENS CAN SPONSOR THEIR IMMEDIATE RELATIVE SPOUSE UNDER IR-1 IMMIGRANT VISA CATEGORY
This category of visa is issued to eligible spouses whose marriage is proved to be Bona-Fide and not a sham for the purpose of Immigration benefits. If the sponsored spouse is here in the U.S., the process will take place through adjustment of status, and if abroad via immigrant visa processing. Upon approval the beneficiary spouse will receive a two-year conditional Green card. The parties must prove that their marriage is Bona Fide prior to expiration of the 2 years.
UNITED STATES CITIZENS CAN SPONSOR THEIR IMMEDIATE RELATIVE CHILDREN UNDER IR-2 IMMIGRANT VISA CATEGORY
Children here are referred to as single kids under age 21 children. Step-children may also qualify. Of course, additional documentation and evidence is required to prove the U.S. Citizen’s relationship with their step-children.
UNITED STATES CITIZENS CAN SPONSOR THEIR ADOPTED ORPHAN CHILDREN UNDER IR-3 IMMIGRANT VISA CATEGORY
This process must take place by establishing the lawful adoption and the relationship between the petitioner and beneficiary.
UNITED STATES CITIZENS CAN SPONSOR THEIR NON-ORPHAN ADOPTED CHILDREN UNDER IR-4 IMMIGRANT VISA CATEGORY
A U.S. Citizen parent or parents can sponsor a nonorphan adopted child after it is proven that they have had two years of both legal and physical custody of the child.
United States Citizens can Sponsor their Parents under IR-5 Immigrant Visa Category
- U.S. Citizens over the age of 21 can petition their Parents if they can prove familial relationship, and other requirements.
CAN UNITED STATES GREEN CARD HOLDERS SPONSOR THEIR PARENTS?
No. Only U.S. Citizens over the age of 21 have the privilege of sponsoring their parents for Immigrant Visa. While the United States Permanent Residents (Green Card Holders) cannot petition for their parents, there may be other avenues of bringing their parents to the U.S.
COULD U.S. CITIZENS AND GREEN CARD HOLDERS SPONSOR THEIR FIANCÉS FOR A K-1 VISA? Only the United States’ Citizens may be eligible to sponsor their Fiancés for Visa. Green Card holders are not eligible. Here are the requirements:
- Intend to marry a U.S. Citizen. Intent must be proven with evidence
- The couple must have met each other at least once in the last two years
- They must be legally eligible to get married. They are of the age of majority and they are not married to others
Obviously, the sponsored Fiancé must be coming from another country. Fiancé visas are not issued to people who are already in the United States. The meeting requirement is a must unless, it can be proven with evidence that due to certain cultural, religious, customs or extreme hardship to the U.S. Citizen, they are not able to meet. Generally, the mere lack of money is not an acceptable reason for not seeing each other.
what are the employment-based immigration programs?
The purpose for this category of temporary or permanent visas is to attract immigrants with talents and skills from all over the world.
TEMPORARY VISA CLASSIFICATIONS
Temporary employment-based visa classifications permit employers to hire and petition for foreign nationals for specific jobs for limited periods. Most temporary workers must work for the employer that petitioned for them and have limited ability to change jobs.
There are more than 20 types of visas for temporary nonimmigrant workers, such as:
- L-1 visas for intracompany transfers;
- P visas for athletes, entertainers, and skilled performers;
- R-1 visas for religious workers;
- A visas for diplomatic employees;
- O-1 visas for workers of extraordinary ability;
- H visas for both highly skilled and lesser-skilled workers.
The visa classifications vary in terms of their eligibility requirements, duration, whether they permit workers to bring dependents, and other factors. In most cases, these workers must leave the United States if their status expires or if their employment is terminated. It may be possible, depending on the type of job and the foreign national’s qualifications, for an employer to sponsor the worker for permanent employment. A foreign national does not have to be working for the employer in order to be sponsored. However, depending on the permanent immigration category sought and the foreign national’s current nonimmigrant category, he or she may be able to complete the steps to become an Lawful Permanent Resident (LPR) or a Green Card Holder while continuing to live and work in the United States.
PERMANENT IMMIGRATION
The overall numerical limit for permanent employment-based immigrants is 140,000 per year. This number includes the immigrants plus their eligible spouses and minor unmarried children. This means that the actual number of employment based immigrants is less than 140,000 each year. Any unused family preference immigrant numbers from the preceding year are added to this cap to establish the number of visas that are available for allocation through the employment-based system. The total number of available visas is then divided into five preference categories. For some categories, the sponsoring employer must first test the U.S. labor market under terms and conditions established by the Department of Labor (DOL), and the Secretary of Labor must certify that the petitioner’s application meets certain requirements before the sponsor may file a petition with U.S. Citizenship and Immigration Services (USCIS). For some categories, the sponsor’s first step is to file a petition with USCIS or the foreign national may self-petition. The final step is the foreign national’s application for an immigrant visa at a U.S. embassy or consulate abroad or an application to adjust status to LPR if in lawful status in the United States. For consular processing, the immigrant visa application cannot be filed until after USCIS approves the immigrant petition. For adjustment of status, the time to file the application depends on whether a visa number is considered to be immediately available. In Fiscal Year 2022, immigrants admitted through the employment preferences made up 26.5 percent of all new LPRs in the United States. PER-COUNTRY CEILINGS In addition to the numerical limits placed on the various immigration preference categories, the INA also places a limit on how many immigrants can come to the United States from any one country. Currently, no group of permanent immigrants (family-based and employment based combined) from a single country can exceed 7% of the total number of people immigrating to the United States in a single fiscal year. This is not a quota to ensure that certain nationalities make up seven percent of immigrants, but rather a limit that is set to prevent any immigrant group from dominating immigration flows to the United States.
REFUGEES AND ASYLEES
Refugees are admitted to the United States based upon an inability to return to their home countries because of a “well-founded fear of persecution” due to their race, membership in a particular social group, political opinion, religion, or national origin. Refugees apply for admission from outside of the United States, often from a “transition country” that is outside their home country. The admission of refugees turns on numerous factors, such as the degree of risk they face, membership in a group that is of special concern to the United States (designated yearly by the president and Congress), and whether or not they have family members in the United States. Each year, the president, in consultation with Congress, determines the numerical ceiling for refugee admissions. The overall cap is broken down into limits for each region of the world. After September 11, 2001, the number of refugees admitted into the United States fell drastically. After the Bush administration put new security checks in place, annual refugee admissions returned to their previous levels and rose during the Obama administration. During the Trump administration, the refugee ceiling fell sharply, from 110,000 in Fiscal Year 2017 to 45,000 in Fiscal Year 2018 and 30,000 in Fiscal Year 2019. The Fiscal Year 2021 refugee ceiling was set at 15,000 by the Trump administration, but was subsequently raised to 62,500 by the Biden administration. The Biden administration set the admission ceiling to 125,000 people for Fiscal Year 2022 through Fiscal Year 2024. Additionally, the Biden administration created a new Priority 2 category for certain Iraqi, Afghani, and Syrian refugees. The 125,000 allotted admissions for Fiscal Year 2024 were divided by region per the following flexible allocations, which can also be further divided up by individual country:
Africa | 30,000 – 50,000 |
East Asia | 10,000 – 20,000 |
Europe and Central Asia | 2,000 – 3,000 |
Latin America/Caribbean | 35,000 – 50,000 |
Near East/South Asia | 30,000 – 45,000 |
Unallocated Reserve | 0 |
TOTAL | 125,000 |
Asylum is available to persons already in the United States or arriving at a port of entry who are seeking protection based on the same five protected grounds upon which refugees rely. There is no limit on the number of individuals who may apply for and be granted asylum each year, nor are there specific categories for determining who may seek asylum. In Fiscal Year 2022, 36,615 individuals were granted asylum, as the system continued to recover from closures and disruptions during the COVID-19 pandemic. Refugees and asylees are eligible to become Green Card holders one year after admission to the United States as a refugee or one year after receiving asylum. WHAT IS THE DIVERSITY VISA? KEY The Diversity Visa Program was created by the Immigration Act of 1990 as a dedicated channel for immigrants from countries with low rates of immigration to the United States. Each year, 55,000 visas are allocated randomly through a computer-generated lottery to nationals from countries that have sent fewer than 50,000 immigrants to the United States in the previous five years. Of the 55,000, up to 5,000 are made available for use under the Nicaraguan Adjustment and Central American Relief Act program, created in 1997 to provide relief to certain asylum seekers who applied for asylum before a specific date. This results in a reduction of the actual annual diversity visa limit to 50,000. The program was originally intended to favor immigration from Ireland (during the first three years of the program at least 40 percent of the visas were exclusively allocated to Irish immigrants). Diversity visas are now distributed on a regional basis and benefit Africans and Eastern Europeans in particular.
To be eligible for a diversity visa, potential applicants from qualifying countries must have a high school education (or its equivalent) or have, within the past five years, a minimum of two years working in a profession requiring at least two years of training or experience. Spouses and minor unmarried children of the principal applicant may also enter as derivatives. Immigration bans implemented by the Trump administration effectively shut down the Diversity Visa Program in 2020 and left roughly 43,000 of that year’s lottery winners without their visas. Those 2020 lottery winners who did not receive visas by the end of the fiscal year lost their chance to immigrate to the United States, prompting some of them to file lawsuits against the federal government in an effort to obtain their visas. Although the Biden administration subsequently lifted the immigration bans, the Diversity Visa Program has resumed at a very slow pace.
WHAT ARE THE OTHER FORMS OF HUMANITARIAN VISA?
Other Forms of Humanitarian Relief Which Permit Individuals to Enter or Remain in the United States Temporarily Without Visas. Temporary Protected Status (TPS) is granted to people who are in the United States but cannot return to their home country because of “natural disaster,” “extraordinary temporary conditions,” or “ongoing armed conflict” from specifically designated countries or regions within a country. TPS is granted to individuals from a country for six, twelve, or eighteen months and can be extended beyond that if unsafe conditions in the country persist., and if the people meet the entry and residency requirements set for that particular TPS designation. TPS does not necessarily lead to LPR status or confer any other immigration status. Deferred Enforced Departure (DED) provides protection from deportation for individuals whose home countries are unstable, therefore making return dangerous. Unlike TPS, which is authorized by statute, DED is at the discretion of the executive branch. DED does not necessarily lead to LPR status or confer any other immigration status. Deferred Action for Childhood Arrivals (DACA) is a program established in 2012. This program permits certain individuals who were brought to the United States while under the age of 16 and who have resided continuously in the United States since June 15, 2007, to remain in the United States and work lawfully for at least two years, so long as they have no significant criminal record and have graduated high school or college or received a degree equivalent.
This program does not confer any path to permanent legal status and requires renewal every two years. While there have been multiple challenges to DACA in the federal courts, as of the date of publication, the program is still in place. Humanitarian parole is a longstanding executive authority which allows certain individuals to enter the United States, even though they may not meet the definition of a refugee and may not be eligible to immigrate through other channels. Parolees may be admitted temporarily for urgent humanitarian reasons or significant public benefit. Since humanitarian parole was first created in 1952, presidents of both parties have used the authority extensively. From 2020 through 2024, the Biden administration created several sponsorship-based parole programs, including the Uniting for Ukraine program to admit Ukrainians fleeing war, and a parole program for Cubans, Haitians, Nicaraguans, and Venezuelans seeking to temporarily reside in the United States. Individuals who enter the country through humanitarian parole are not on a path to permanent status. If a person granted parole wishes to remain in the country long term, they must generally apply for and obtain a different immigration status. Those granted parole may generally apply for work authorization for the duration of their parole.
U.S. CITIZENSHIP
In order to qualify for U.S. citizenship through naturalization, an individual must have had LPR status (a green card) for at least five years (or three years if the green card was obtained through a U.S. citizen spouse or through the Violence Against Women Act, VAWA). There are other exceptions including, but not limited to, members of the U.S. military who serve in a time of war or declared hostilities. Applicants for U.S. citizenship must be at least 18 years old, demonstrate continuous residency, demonstrate “good moral character,” pass English and U.S. history and civics exams (with certain exceptions), and pay an application fee, among other requirements.
WHAT ARE THE VARIOUS TYPES OF VISITOR VISAS?
The chart below shows the various type of visa appropriate for the type of travel to the United States:
Purpose of Travel to United States and Nonimmigrant Visas | Visa Type |
---|---|
Athletes, amateur and professional (competing for prize money only) | B – 1 |
Athletes, artists, entertainers | P |
Australian worker – professional specialty | E – 3 |
Border Crossing Card: Mexico | BCC |
Business visitors | B – 1 |
Crewmembers (serving aboard a sea vessel or aircraft in the United States | D |
Diplomats and foreign government officials | A |
Diplomats and foreign government officials | B – 1 |
Employees of a designated international organization, and NATO | G1 G5, NATO |
Exchange visitors | J |
Exchange visitors – au pairs | J – 1 |
Exchange visitors – children (under age 21) or spouse of a J-1 holder | J – 2 |
Exchange visitors – professors, scholars, teachers | J – 1 |
Exchange visitors – international cultural | J, Q |
Fiancé(e) | K – 1 |
Foreign military personnel stationed in the United States | A 2, NATO1-6 |
Foreign nationals with extraordinary ability in sciences, arts, education, business or athletics | O – 1 |
Free Trade Agreement (FTA) professionals: Chile | H – 1B1 |
Free Trade Agreement (FTA) professionals: Singapore | H – 1B1 |
Information media representative (media, journalists) | I |
Intra-company transferees | L |
Medical treatment, visitors for | B – 2 |
NAFTA professional workers: Mexico, Canada | TN/TD |
Nurses traveling to areas short of health care professionals | H – 1C |
Physicians | J – 1, H – 1B |
Religious workers | R |
Specialty occupations in fields requiring highly specialized knowledge | H – 1B |
Students – academic and language students | F – 1 |
Student dependents – dependent of an F-1 holder | F – 2 |
Students – vocational | M – 1 |
Student dependents – dependent of an M-1 holder | M – 2 |
Temporary workers – seasonal agricultural | H-2A |
Temporary workers – nonagricultural | H – 2B |
Tourism, vacation, pleasure visitors | B – 2 |
Training in a program not primarily for employment | H – 3 |
Treaty investors | E – 2 |
Treaty traders | E – 2 |
Transiting the United States | E – 2 |
Victims of human trafficking | T – 1 |
Visa renewals in the United States – A, G, and NATO | NATO1 – 6 |
WHAT ARE VISITOR VISAS?
Generally, a citizen of a foreign country who wishes to travel to the United States must first obtain a visa, either a nonimmigrant visa for a temporary stay, or an immigrant visa for permanent residence. Visitor visas are nonimmigrant visas for persons who want to enter the United States temporarily for business (B-1 visa), for tourism (B-2 visa), or for a combination of both purposes (B-1/B-2 visa).
Here are some examples of activities permitted with a visitor visa:
What is a Business B-1 Visa?
- Consult with business associates
- Attend a scientific, educational, professional, or business convention or conference
- Settle an estate
- Negotiate a contract
What is a B-2 Tourist Visa?
- Tourism
- Vacation (holiday)
- Visit with friends or relatives
- Medical treatment
- Participation in social events hosted by fraternal, social, or service organizations
- Participation by amateurs in musical, sports, or similar events or contests, if not being paid for participating
- Enrollment in a short recreational course of study, not for credit toward a degree (for example, a two-day cooking class while on vacation)
What activities are not allowed under Visitor Visas?
Here are some examples of activities that require different categories of visas and cannot be done while on a visitor visa:
- Study
- Employment
- Paid performances, or any professional performance before a paying audience
- Arrival as a crewmember on a ship or aircraft
- Work as foreign press, in radio, film, print journalism, or other information media
- Work as foreign press, in radio, film, print journalism, or other information media
Birth tourism (travel for the primary purpose of giving birth in the United States to obtain U.S. citizenship for their child) is not permissible on a visitor visa.
WHAT ARE THE TEMPORARY WORK VISAS?
A citizen of a foreign country who wishes to work in the United States must first get the right visa. If the employment is for a fixed period, the applicant can apply for a temporary employment visa. There are 11 temporary worker visa categories. Most applicants for temporary worker visas must have an approved petition. The prospective employer must file the petition on behalf of the applicant. U.S. Citizenship and Immigration Services (USCIS) reviews the petition.
Temporary worker visa categories
Visa category | General description – About an individual in this category: |
---|---|
H-1B: Person in Specialty Occupation | For applicants working in a specialty occupation. Applicants must have at least a bachelor’s degree, or equivalent experience in the specialty occupation. Includes fashion models, physicians, and DOD project participants. |
H-1B1: Free Trade Agreement | For applicants from Chile or Singapore working in a specialty occupation. Applicants must have at least a bachelor’s degree, or equivalent experience in the field of specialization. (Note: This is not a petition-based visa. |
H-2A: Temporary Agricultural Worker | For applicants performing temporary or seasonal agricultural work. Only citizens or nationals of designated countries are eligible for this visa. There are limited exceptions. |
H-2B: Temporary Non-agricultural Worker | For applicants performing temporary or seasonal non- agricultural work. Only citizens or nationals of designated countries are eligible for this visa. There are limited exceptions. |
H-3: Trainee or Special Education visitor | For applicants receiving training, other than graduate medical or academic training, in any field that is not available in their home country. Applicants may also participate in practical training programs in the education of children with mental, physical, or emotional disabilities. |
L: Intracompany Transferee | For applicants working in a managerial or executive capacity; or applicants working in a position requiring specialized knowledge. The petitioner must be a branch, parent, affiliate, or subsidiary of the applicant’s current employer. Applicants must have worked for same employer abroad for 1 year within the three preceding years. |
O: Individual with Extraordinary Ability or Achievement | For applicants with an extraordinary ability or achievement in the field of science, art, education, business, or athletics. Applicants who are internationally recognized in the motion picture and television fields are also eligible. This category includes persons assisting the above individual. |
P-1: Individual or Team Athlete, or Member of an Entertainment Group | For applicants who are recognized athletes or members of an entertainment/sports group. They must perform at a specific athletic competition or entertainment performance. Includes persons providing essential services in support of the above individual. |
P-2: Artist or Entertainer (Individual or Group) | For applicants performing individually or in a group. They must be part of a reciprocal exchange program between an organization in the United States and an organization in another country. Includes artists providing essential services in support of the above individual. |
P-3: Artist or Entertainer (Individual or Group) | For applicants performing, teaching, or coaching. They must be part of a program that is unique. The program can also be a traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation. Includes persons providing essential services in support of the above individual. |
Q-1: Participant in an International Cultural Exchange Program | For applicants participating in an international cultural exchange program. The program can be for cultural labor and training, or to share the history, culture, and traditions of the applicant’s home country. |
SAME-SEX MARRIAGE
Effective immediately, U.S. Embassies and Consulates will adjudicate visa applications that are based on a same-sex marriage in the same way that applications for opposite gender spouses are dealt with. Please reference the specific guidance on the visa category for which you are applying for more details on documentation required for derivative spouses.
WHAT are DEPORTATION AND INADMISSIBILITY WAIVERS?
An Immigration waiver is a form, which can be used to ask the Immigration Authorities to forgive a wrongful act or omission, which made an applicant inadmissible; and to give the immigration benefit to the applicant, despite the wrongful act or omission. Section 212 of the Immigration and Nationality Act (I.N.A.) deals with inadmissibility grounds. Here is a summary of some of the most common grounds for inadmissibility, which may be waivable by filing the right waiver with the United States Citizenship and Immigration Services (USCIS). Please note that just filling and filing the waiver is not enough. You must submit necessary supporting documents showing why your wrong should be overlooked or forgiven.
WHAT ARE THE VARIOUS TYPES OF IMMIGRATION WAIVERS?
Here are some of the different types of Immigration Waivers:
1) I-601 Waiver If applicants have overstayed their lawful presence in the United States, thus they are inadmissible for 3 to 10 years, they may file the Waiver Form I-601. Filing this Waiver requires that the applicant has a U.S. Citizen spouse, fiancé or a parent, who would experience “extreme” hardship if admission were denied.
2) I-601A This Provisional Unlawful Presence Waiver can be filed while the applicant is in the United States. This waiver must be filed and adjudicated prior to Applicant’s departure for consular processing. This waiver is to prevent the risk of being barred from entering the United States for past unlawful presence. I-601A Waiver form can be filed together with supporting evidence, by applicants whose petition for I-130 has already been approved. And they need to leave the country for consular processing. The grounds for this waiver is that the spouses and children of Green Card Holders, and Married children and siblings of the U.S. Citizens will suffer extreme hardship.
3) INA 237(a)(1)(H) Waiver of Immigration Misrepresentation This waiver is filed by those who have gained an immigration benefit by fraud or misrepresentation. Unless, such misrepresentation was a false claim of being a U.S. Citizen.
4) I-212 Waiver This waiver must be filed by applicants, who were removed or deported from the United States, so they can obtain permission to enter the U.S. Section 212 (h) of the I.N. A. names certain crimes such as crimes of moral turpitude, prostitution and a single offense of certain drugs.
Unfortunately, the following crimes are not waivable:
- History of drug abuse or addiction
- Drug trafficking
- Committing Murder, Torture or conspiracy to commit either
- Human Traffickers, including sending money to family members, who paid traffickers
- Foreign Government officials who committed religious violations
- Those who lived in the United States for at least one year in total or they were deported, but re-entered or attempted to reenter illegally
- Those suspected of espionage, sabotage or violation of U.S. laws prohibiting export of specific goods, technology and sensitive info
- Terrorist Organization Members
- Terrorist Organization Members
- Participated in recruitment of child soldiers
- Abused a Student Visa
- Polygamist
- Were involved in confiscation the property of a U.S. National
- False claim of U.S. Citizenship of Unlawful Voting, and more.
Please Note that all the content in this website provides some general information. In order to provide competent and clear legal advice, each case must be analyzed individually by a Capable, Credible and Compassionate Chosen Immigration Lawyer. Please click or call Chosen Lawyers now and let’s turn your immigration dreams into realities, together.
COME TO THE UNITED STATES OF AMERICA
The name “United States of America” first appeared in 1776 in its “Articles of Confederation” and the “Declaration of Independence.” Despite its relatively short history, the U.S has become the powerhouse of innovation and creativity, thanks to the diversity of its people. Indeed, the United States of America is the land of immigrants.
HUMAN FOOTPRINT
According to accepted theoretical records, Eurasian Migrants were the first to cross the frozen and treacherous ice bridge called Bering Strait on their way to the American Continent about 12,000 years ago.
The Clovis Culture, which dates back to about 11,000 BC, was the first to become the most prevalent culture of the American Continent.
The vast resources, diverse terrain and fertile land continued to make American Continent the Dreamland for millions of people worldwide.
AMERICAN REVOLUTION AND CREATION OF THE REPUBLIC
British Colonialists imposed their extreme and abusive taxation without representation on inhabitants of North America for a long time. Following their victory against the French and Native Americans, British Colonial savageries against the people became even more ruthless. This is why the first Continental Congress met in 1774, and they imposed a boycott of British Goods. The British Colonists started their iron fist, when the American Revolutionary War began. At the second Continental Congress, George Washington was appointed Commander-in-chief of the Continental Army, and Thomas Jefferson was assigned to draft the Declaration of Independence, which adopted July 4, 1776 America as an Independent Nation called The United States of America.
UNITED STATES POPULATION & DEMOGRAPHICS
The United States is not a nation in the sense of traditional definition. It is a mission for human coexistence and tolerance. Most politicians still think they are running a powerful country in competition with the rest of the world. The truth is that America is the litmus-test of humanity and peaceful co-existence. The continuing influx and confluence of new people, nationalities and ideas is not only reshaping and invigorating the American economy and ensuring growth and prosperity for years to come, it is redefining and reaffirming the very essence of what it means to be an American.
AMERICA IS NOT A MELTING POT; IT IS A SALAD BOWL
With a population of 341,963,408, the United States is the third most populous country in the world behind China and India. Yet it is the most racially diverse place under the sun. A survey, which took place in 2017 shows that about 45 millions of American residents are foreign born.
ETHNICITY
White population, which includes Middle Eastern people, are about 61% of the American Population. Blacks consist about 12.5%. Asians about 6%. Two or more races about 11%, Native Hawaiians, Pacific Islander and Native Americans about 9%. Hispanics or Latin American population in the United States is estimated at about 64 million. Since these people are racially diverse; they are not identified as one distinct race. In other words, the United States is the most diverse and dynamic nation on earth. Its transformation is the fulfilment of its own dreams. Never has its population and culture been more vibrant and diverse, never has it been more reflective of–and connected to–the rest of the world. And this is only the prelude to the true Multiculturalism direction, which will turn the United States into the real beautiful and wise world leader for Justice and Peaceful co-existence. This is the only Dream worthy of Leaving everything behind and coming to America.
LANGUAGE IN THE UNITED STATES
While English is the official language of the United States, which spoken by about 78% of the population, Spanish is widely popular with about 13.5%, and other languages about 8.5%.
Geography
With a land mass of about 9,629,091 square kilometers (3,717,813 sq mi) the United States is the world’s Third-Largest Country behind Russia and Canada. The United States has a rich and diverse topography, which consists of millions of square kilometers of agricultural land, crisscrossing mountain ranges, dense forests, scorching deserts, many beautiful lakes and colossal coast lines. The lowest and highest points in the contiguous United States are in California. With 86 meters (282 Feet) below sea level, Bad Water Basin in Death Valley, California is the lowest point.
And with 4,421 meters (14,505 feet) Mount Whitney is the highest point.
Over all, the highest point in the entire United States is Denali (Mount McKinley) in Alaska, which 6,190 meters (20,310 feet).
ECONOMY
With a GDP of 28.78 Trillion Dollars, the United Estate accounts for about 26% of the entire world’s economy. The New York Stock Exchange and Nasdaq are the world’s largest by market capitalization and trade volume. The United States also has the World’s Largest Gold Reserve, which is over 8,000 tons.
NEW YORK
With an estimated population of 8.5 million people living over 778.2 SQ KM (300.46 SQ MILES) New York is the most populated city in the United States, and it is located on one of the world’s largest natural harbors in the world. With more than 23.5 million people in its greater metropolitan area, New York is one of the world’s most populous Mega Cities in the world.
New York brands itself as the finance, commerce, culture media, academic and fashion capital of the world. The United Nations headquarters is also located in New York.
LOS ANGELES
With an estimated population of about 4 million, Los Angeles is the most populous city in California and the second in the United States. The greater Metropolitan area of Los Angeles is home to about 13 million people. Los Angeles is also the most racially, culturally and ethnically diverse place on earth. Hollywood has been the most famous industry in Los Angeles. By 1921, Hollywood produced more than 80 percent of the world’s film productions. The money it generated insulated the city from the ravages of the Great Depression of the 1930’s.
CHICAGO
With a population of about 3 million, Chicago is the most populous city in the state of Illinois and the third-most populous city in the United States after New York and Los Angeles. The Chicago Metropolitan Area also known as “Chicagoland” is home to about 10 million people. Chicago is a national and international center for transportation, finance, commerce, culture, industry, education, tourism and technology. O’Hare International Airport is one of the world’s busiest airports and Chicago is the Hub of the United States Railroad. Chicago has one of the most prosperous Gross Domestic Products (GDP) in the world, and its economy is very diverse. Chicago is also known for its diverse culinary cousins, sports, music, art and Chicago Symphony Orchestra.
HOUSTON
Houston is the biggest city in Texas and the Southern United States. The Greater Houston Metropolitan is the second most populous in Texas after Dallas-Fort Worth. With a population of about 2.4 million, Houston is the fourth-most populous city in the United States. The city of Houston is named after Sam Houston, who was the president of the Texas Republic. Houston is a major hub for Railroad, sea port and airports. Houston’s economy bloomed with the Texas Oil Boom and now it is very diversified. Houston is the world center for Medical, Healthcare research institutions. And it is the world-famous Mission Control Center for NASA. Houston is also known as the “Bayou City”, “Space City”, “H-Town”, and “the 713.” Regardless of the names, Houston is a global city in culture, medicine, research and transportation. Port of Houston is the first in the United States in terms of tonnage of goods moved in and out. Houston is also the most culturally diverse Metropolitan area in Texas and one of the most racially diverse places in the United States.
Racial Distribution Key
table-responsive | Houston, TX Population |
---|---|
White | 32.1% |
Hispanic | 38.3% |
Black | 18.2% |
Asian | 8.7% |
Native American | 0.2% |
Other | 2.6% |
MIAMI
The coastal City of Miami is located in South Florida about 90 miles from Havana, Cuba. With a population of over 6 million people, the greater Miami Metropolitan Area is the second-largest in the Southeastern United States after Atlanta. Miami is a major center for commerce, finance, culture, arts and international trade. According to 2017 Statistics Miami is the third-richest city in the United States and the third-richest worldwide, in purchasing power. Miami is the main gateway to Latin America. This is why over 70% of its population are Latino or Hispanic. Its proximity to Cuba has made it a very popular place for Cuban expatriates. And Port Miami is the world’s busiest Cruise Ship Port in the world. Tourism is another major attraction to Miami. The Miami Metropolitan Area is the second-most visited city in the United States, attracting over 4 million visitors per year.
PHILADELPHIA
Philadelphia, also known as “Philly,” is the 6th most populated city in the United States. With a population of over 6 million residents, Philadelphia Metropolitan Area is the eighth-largest Metropolitan in the U.S. Philadelphia is the cradle of resistance against the savageries of Colonial Britain. Philadelphia was the meeting place for the founding fathers of the United States, who devised and orchestrated the American Revolution. Philadelphia was the largest city in the nation until 1790, and it was the first capital of the United States from May 1775 until 1800, when the New National capital was constructed in Washington D.C. Today, Philadelphia is one of the most important places of culture, history, food, tourism and education in the United States. Philadelphia is also well-known for being the Biotechnology hub and the city’s Primary Rail Station is the third-busiest in the nation. Philadelphia is the birthplace of many well-known Americans, and many other firsts such as the first Hospital, Library, Medical School, Stock Exchange and business school.
SAN DIEGO
San Diego is the most southwestern city along the beautiful Pacific Ocean. This border city to Mexico has a population of over 1.3 million people. And it is the eighth-most populous city in the United States. The weather in this beautiful city is mild year-round. The climate is very Mediterranean with many parks, beaches, and it is home to many Healthcare and biotechnology development centers. This area was home to Native American tribe of Kumeyaay prior to the arrival of the Europeans. San Diego’s largest economic sectors include military, tourism, education, international trade, research and manufacturing. The San Ysidro Port of Entry is one of the busiest international land border crossings in the world.
SAN FRANCISCO
Ethnic Origins: San Francisco in 2021
Total Population: 814,995
The City of San Francisco is one of the most beautiful and prominent commercial, cultural and financial hubs of Northern California. With a population of over 800,000 it is the fourth-most populous city in California, and with a combined population of about 9 million San Francisco, Oakland and San Jose are the fifth largest urban region in the United States. San Francisco’s Native American Population prior to foreigners were the Yelamu Tribes. This area became very populated with the California Gold Rush of 1849. After world war II, the United Nations Charter was signed in San Francisco in 1945. According to statistics in 2022, more than 1.7 million international visitors traveled to San Francisco. Allure of tourism makes San Francisco the fifth-most visited place in the United States. The Golden Gate Bridge, Cable Cars, San Francisco Symphony, Jazz, Opera, Museum of Modern Art, Steep rolling hills, architecture, Chinatown, and Alcatraz Prison are some of San Francisco’s Attractions.
SEATTLE
Ethnic Origins: Seattle in 2021
Total Population: 733,714
Seattle is one of the most beautiful Seaport Cities in the Northwest Coast of the United States. With a population of about 750,000 it is State of Washington’s most populated city and the 18th-most populated city in the United States. Seattle is one of the fastest growing cities in the United States. Seattle is also a very important border city; it is about 100 miles south of the Canadian Border. Its geographical location has turned Seattle into the gateway for trade with Asia. The Native American Tribe of Duwamish inhabited this area for at least 4000 years prior to foreign invasion of people from all around Europe. As of early 1980’s many of the most famous Tech Companies such as Microsoft, Sea Tac and Amazon established their headquarters in the region. Seattle is world famous for its Jazz Nightclubs, music, and several Rock Bands such as Pearl Jam, Nirvana, and Jimi Hendrix originated from this area.
WASHINGTON D.C.
Washington D.C. or D.C. is the capital and Federal District of the United States. It was named after the first president of the United States, George Washington. According to the 2020 Census, Washington D. C. had about 700,000 residents. Its Government jobs bring in about 1 million commuting people to work in mostly federal jobs from Virginia and Maryland suburbs. The city is home to the White House, Supreme Court Building, and many other Federal Government Offices. This city is also home to many monuments, museums, and memorials. About 177 foreign embassies and the headquarters for the world bank and International Monetary Fund make Washington one of the most important capital cities in the world.
JUMPING LINE
For thousands of years, anyone who wished to immigrate to the American Continent did so without a passport or a visa. All they needed was a resolved will, and any means to get them across the vast oceans on each side. In other words, anyone could enter and remain for as long as they wanted to, as long as they overcame the impediments of their path. This open-door policy changed in the mid 1800s, when the Gold Rush allures brought in an influx of Asian Migrants. A combination of cultural, lingual and racial differences aroused the chauvinism of the mainly European Immigrants of the American Continent, which forced the politicians to impose brazenly racist and inhumane impediments on the path of some Immigrants. New Immigration laws such as the Chinese Exclusion Act were promulgated, in order to deport Chinese Migrants. After the Chinese Exclusion Act, the Immigration Act of 1882 imposed a head tax of 50 cents per person and banned the entry of convicts, lunatics, disabled and idiots. Subsequently, the Legislature passed the Immigration Act of 1891, which created the Federal Bureau of Immigration. This move further excluded certain undesired people. For instance, by 1903 new federal immigration devised new laws to exclude people suffering from epilepsy, mental illness, beggars and anarchists.
By 1907, the federal immigration laws banned people with slow mental capabilities, unaccompanied children, people suffering from tuberculosis or people with physical and mental defects. These laws also provided the legal grounds for deporting prostitutes, who adapted the oldest profession on earth, if they engaged in such acts within four years of their arrival. After World War I (WWI) in 1921 another immigration law was enacted, which reduced the total immigration to the United States to 350,000 per annum. This law was devised to curtail the number of migrants from Eastern and Southern Europe. The quota for Southern Europe was cut down from 783,000 to 155,000. This cut became sharper by 1924, when the entire quota for Eastern and Southern European was reduced to 25,000 per annum. This exclusionary trend continued till 1952, which favored Western and Northern European Migrants over everyone else. The proponents of exclusions were racists who brazenly believed Northern and Western Europeans are more desirable than Southern or Eastern Europeans, and Asians and Africans were inferior people. In addition to racial restrictions beliefs, some politicians feared communist ideologies as well. These exclusionary measures continued till 1978, when congress eliminated the hemispheric quota system.
Many malicious politicians and ill-informed citizens of this country argue: “If my ancestors came here legally, why can’t the undocumented migrants do the same?” The fact is that most of such ancestral legal migration is a fallacy, as delineated above. Moreover, with the quotas that are in place now, some immigrants must wait for years, if not decades. Lastly, if we look into the immigration patterns since the second world war, most mass-migrations to the United States have been partially because of the U.S foreign policies, which have caused vicious overt and covert wars, coup-d’état and economical pillage and plunder. These Imperial Ambitions are volitionally mislabeled as fighting for freedom are raging even now, and they are still the causes of modern influx of people to the United States. The only way we can reduce the illegal entries to the United States is to change our medieval mindsets with modern equitable and peaceful policies. President Thomas Jefferson said it best:
“I like the dreams of the future better than the history of the past.”
-President Thomas Jefferson
Here at Chosen lawyers, we believe the brightest days of America come from the inspiration of its diverse and beautiful people rather than the fleeting aspiration of its politicians.