Green Card Help 10 ways to stay legally in The USA

10 ways to stay legally in The USA

how to migrate to usa

Tens millions of people are annually waiting for a residence permit in the United States.

GreenCard.com gathered the most popular ways to become an American or get a residence permit in the US, and also explored how easy it is to come and stay legally in America, and how to choose the fastest way.

1. Win in the Diversity Lottery

Suitable for: Everyone who has completed secondary education or vocational education, requiring at least 2 years of studying.

How long to receive: once a year, from early October to early November, anyone can fill out a form on the official website Electronic Diversity Visa. Filling in the questionnaire takes about 10 minutes, and on the first Monday of May the computer randomly chooses 50 thousand winners. If you are unlucky, you can try again.

Difficulty level: simple.

Cost: free.

It is important to know:

  • do not need to know English;
  • it is not worth paying intermediaries, all only through the official website.

More detailed information on this method you can follow the link.

2. Ask for political asylum

Who is suitable: those who are afraid to return to their homeland for a number of real or far-fetched reasons (political persecution, national or racial affiliation, faith, persecution of business, sexual orientation, family violence).

How long to teach: you can ask immediately after entry, even at the airport; the result is to wait from six months to a year, in difficult cases up to 3 years.

Difficulty: medium.

Cost: from $ 4 500 to $ 7 500.

It is important to know:

  • the ban on visiting the motherland for 5 years (breaking the law, many still go through neighboring states through internal passports);
  • during the registration of refugee status, you can legally work, a job request is submitted 150 days after applying for refugee status;
  • the market is really a lot of fraudulent intermediaries;
  • need a good lawyer.

Stages of the procedure:

  • filing an application and opening a case (case);
  • an interview with an immigration officer;
  • receiving political asylum or transferring the case to an immigration court;
  • if the court refuses, you can appeal to the federal court, the chances are very high;
  • the chances of obtaining a status depend on the level of the evidence base, the harmfulness of the immigration officer and the judges.

More detailed information on this method, as well as learn the stories of those who, using it, moved to the US, you can follow the link.

3. Get married with American citizen

Who is suitable: everyone.
Term of receiving: 6 months — 2 years.
Difficulty level: medium.
Cost: from $1 500 till $10 000.
It is important to know:

  • need a good lawyer;
  • many paper work;
  • since 2013 — married also consider not only between man and woman, also between women and women, men and men. The procedure of visa obtaining same. Such marriage give you opportunity to use the whole spectrum of benefits, but not in all states;
  • the future husband or wife should get $20 00 per year. If the salary less, need to find a co-sponsor.

The visa obtaining steps for foreign bride or groom:

  • petition I-129F;
  • the interview in US consulate;
  • К-1 visa (Fiance visa);
  • medical examination;
  • social number SSN;
  • marriage;
  • temporary Green Card;
  • Green Card;
  • citizenship.

The petition I-129F for К-1 visa (Fiance visa) should apply ONLY citizen of US through official site USCIS. There are no quantitative quotas for this document, in contrast to the same work visas that are issued in limited quantities.

The period for consideration of the petition — from 4 months.
More detailed information on this method you can follow the link.

4. Study in US

Who is suitable: everyone.
Term of receiving: from 1 till 3 months.
Difficulty level: easy.
Cost: free, if you get a grant, or about $60 000 per year.
It is important to know:

  • you will need a study hard, really hard;
  • the Student visa give you an opportunity to stay legally in US, but not provide Green Card or citizenship;
  • there are significant limitations in the ability to work, the most realistic is to apply for an internship that is low (or not) paid;
  • to get a Green Card via Student visa impossible, but for many of foreign students a perfect opportunity to stay in US legally for 8 years-term, to get a friendship and try “to figure out”.

The English schools are the best and easy way to get a student visa. But not all school qualified to give you such type of visa, in some cases you need pass authorization in The US Immigration and Naturalization Service.

More detailed information on this method you can follow the link.

5. Family reunification.

Who is suitable: for those, who have a family ties in US citizen.
Term of receiving: 1-15 years.
Difficulty level: from medium till hard.
Cost: from $1 500 till $10 000.
It is important to know:

  • need a good lawyer;
  • many paper work;
  • exist four category of family relatives, each category has queue and quotas.

More about each category
Depending on the proximity of kinship, four categories are distinguished. The first gets the green card faster than all, the latter – more slowly. Quotas often include unused visas of other categories.

The first category (F1)
Quotas: 23 400 visas per year.
Time Term: no less than 1 years, but no more than 5 years.
The second category(F2)
Quota: 114 200 visas per year.
Time Term: 1-4 years.
The third category( F3)
Quota: 23 400 visas per year.
Time Term: about 9 years.
The fourth category (F4)
Quota: 65 000 visas per year.
Time Term: 7-10 years.
You can check the status and time term for applying in monthly visa bulletin.

The process

  • The American citizen or permanent resident filling the immigration petition I-130 form of USCIS.
  • Approving petition in USCIS.
  • If petition approved, she goes to National Visa Center.
  • NVC send you the list with necessary documents, which you need send them back.
  • If the package of document approved, NVC invite you on interview in US consulate office in your native country.

In case if the relative is already in the US, the US citizen submits the form I-485 (petition for status change). In addition, you need to prove that the relative is secured – that is, does not sit on the neck of American taxpayers. Typically, such a certificate is Affidavit support – a document that obliges a US citizen to provide financial assistance to his relative.

More detailed information on this method you can follow the link.

6. To get a job ( H1B, H2B, L1 visas)

Who is suitable: qualified workers, workers of religious organizations.
Term of receiving: about 6 months.
Difficulty level: easy.
Cost: free for employee, $1 500-10 000 employer paid.
It is important to know:

  • the work visas H1B, H2B, L1 give you a right to applying for Green Card. As usual corporate lawyers do it;
  • exist annual quotas — 140 thousand immigrants can get Green Card via jobs offer;
  • in theory, an employee, only having received a green card, can say goodbye to the workman who sponsored the move. However, the immigration service, upon learning of this, may suspect a person of fraud. If the employee parted with the sponsor for reasons beyond his control (for example, the company closed), then there should be no problems;
  • requirement for the employer – more than 15% of workers who arrived in the United States on a working visa H1B.

More detailed information on this method you can follow the link.

7. Open a business or get citizenship through investments

EB-5 — type of visa for foreign investors, which wanted to get a Green card and then citizenship.

Who is suitable: foreign who is ready to invest in the US economy from $ 500,000 to $ 1 million.
Term of receiving: 6 months and more.
Difficulty level: high.
Cost: $12 000-16 000 — lawyer service; $60 000 — other tax and fees;

It is important to know:

  1. Submission of a special petition, I-526 (examination time from 2 to 12 months);
  2. After its approval, the process of immigration begins through the American consulate (2-3 months), or if the investor is in the United States under a different visa, the process of changing the status begins (about 4 months);
  3. If everything is approved, then the investor and members of his family receive a residence permit for 2 years;
  4. After 1-9 months, the investor and his family members submit documents for a permanent green card if the investment is not withdrawn by the investor:
    • privileges are extended to the members of the investor’s family (up to 10 people), including children under 21 who are not married;
    • there are no requirements regarding education, experience, language;
    • the green card is issued 2 years after receiving the EB-5 visa, citizenship – after 5 years;
    • you can live and do business anywhere in the US;
    • an investor and family members can receive education at prices for US citizens.

It is necessary qualified as “accredited investor” which means:

  • owning a capital of more than $ 1 million (can be shared with a spouse);
  • have an income of more than $ 200,000 per year (or $ 300,000, if shared with the spouse) in the last 2 years.

More detailed information on this method you can follow the link.

8. Go to serve in the US Army

Who is suitable: green card holder in age of 17-42 years old, which no have any problem with a law or previous conviction, have a secondary education and good physical form;
Term of receiving: above year.
Difficulty level: hard.
Cost: free.
It is important to know:

  • no gender restriction;
  • through the service in the army cannot be migrated, but you can quickly get citizenship to those who have a green card;
  • you can also serve in the reserve (including, as a student at the university).

More information about:

Find the nearest recruiter can be on the official website of the US Army.

It will be necessary to pass the test (Army Physical Fitness Test or APFT): push-ups, ABC workout and run the cross 3.2 kilometers.

Further you will have to demonstrate the knowledge of English and mathematics – the exam is called Armed Forces Classification Test (AFCT). According to many recruits, the test is easy.

The next step is the complex test ASVAB (Armed Services Vocational Aptitude Battery). It is aimed at identifying the level of knowledge and erudition and is used to send the recruit to the most appropriate kind of troops.

The test consists of 200 questions on mathematics, language, mechanics, electronics and other disciplines. The pass score of the ASVAB test is not so high, but in order to get into the “steep” troops (for example, the Coast Guard or the Air Force), you need to score more points.

After successfully passing the tests, you can choose a military specialty and sign a contract for a period of 2 to 6 years.

9. Stay illegal and wait for an amnesty

Who is suitable: desperate offenders.
Term of receiving: don’t know for sure.
Difficulty level: high.
Cost: don’t know for sure.

It is important to know:

  • you can be deported without entrance right more than 3 years;
  • not allowed for legally work (working illegal you earn less money);
  • you can’t get a license drive or open a bank account;
  • you can’t go to police, court or get some official document.

More information about:

Seven from ten Americans believe that there should be an official way of legalization in the country, but with the reservation that it is a question of young and skilled illegal immigrants.

In the light of the tightening of the policy towards illegal immigrants after the election of Donald Trump as the US president, this method has become much more difficult, and the threat of deportation is much higher.

However, deportation can be challenged if one refers to the fact that deportation will be a serious test for family members who are US citizens (for example, spouse, children, parents will lose a single survivor).

We talk about a petition “I – 601 waiver”, which allows an illegal immigrant to return to America in an already legal status.

The process is not easy, but it provides a real chance to start with a clean slate. If a person has not yet been deported, the difficulty lies in the fact that he must undergo this procedure in the US consulate in his homeland. That is, to leave the US without any guarantee that it will be allowed back.

10. Becoming a witness or victim in a resonant case

Who is suitable: witness or victim in a resonant case.
Term of receiving: above 1 year.
Difficulty level: hard.
Cost: $500-2500.

It is important to know:

  • you can stay in USA using U visa almost 4 years;
  • you will get a permission for work;
  • after 3 years you can apply to Green card;
  • you can ask for state aid and benefits or visas for family;
  • there are quotas – 10 thousand people per year.

To claim for a U-visa, possible for both: victims and witnesses, or people who have important information for the investigation.
The list of crimes is wide enough, it includes both grave crimes (such as abductions, slave trade and rape), and domestic violence, perjury and blackmail.

More detailed information on this method, as well as learn the stories of those who, using it, moved to the US, you can follow the link.

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