Whether travelling for leisure or immigrating to the land of the free, the United States of America is one of the most diverse countries in the world. From breathtaking and ranging landscapes to bustling and expansive cities, the United States offers something different to everyone who lives there.
If you wish to come to the United States, you can do so temporarily or permanently. These categories can be broken down into:
If you wish to Work in the USA you will first require a Work Visa. Depending on your intended work in Canada and other qualifications, there are a number of different Work Visa to choose from.
The TN Visa is unique to citizens of the USA, Mexico and Canada. This visa can only be obtained by citizens of Canada and the US and is essentially a type of work permit that can be obtained via the through the North American Free Trade Agreement.
If you are a foreign worker employed by a company with a branch in the USA, you can apply for a work permit through this category (L1 Visa) provided that the foreign and US company have a qualifying relationship.
The H1B Visa is a work authorization that you will need to obtain before you can enter the American Labour Market. You prospective employer will need to first obtain a Labor Certification, allowing them to hire a foreign worker.
Immigrant Visas
Family Based Petitions
You can be reunited with loved ones in the US by sponsoring them under this category. This category can be further subdivided into “Immediate Relative” or “Family Preference” and encompasses both immediate and extended family members.
Employment Based Petitions
If you have already gained valuable work experience in the USA or you have an employer who is willing to offer you a permanent and fulltime position, you may qualify for your green card under this category.
Overstaying in the United States is taken very seriously and ultimately leads to a ban from re-entering as well as other consequences while you remain in the country. A Waiver might help.
If you have been denied entry to the USA or face an inadmissibility issue, a Waiver may be required. A Waiver can be issued to those who face inadmissibility issue and remove the risk of being denied entry.
Labor Certification is usually required if an employer wants to hire a foreign worker. It may be considered an equivalent to a Canadian Labor Market Impact Assessment. The idea behind this is to show that local workers are not losing an employment opportunity due to the employer hiring a foreign worker instead of the local resident.
Labor Certification proves that there are no qualified U.S. residents that may take on the position being offered. The Labor Certification usually comes in place when an employer is trying to hire someone on a permanent basis.
An application for Labor Certification is submitted to the Department of Labor (DOL). The employer basically has to state that he or she has made extensive efforts to recruit an American resident, and they did not have a choice but to extend the job offer to a qualified foreign national.
Labor certification is usually the first step in the process of hiring a foreign worker. In order to get the labor certificate approved,
The employer would have to display his recruitment efforts, and
Show that he or she will be offering DOL approved wages to the employee.
The employer could also argue that it’s a bono fide requirement to hire a foreign worker.
It is important that DOL is satisfied with your recruitment efforts. The process to hire a foreign worker and filing a
Labor Certificate application can easily become overwhelming.
We can help! We have years of experience in dealing with such matters and know how to get the job done right. You may contact us and our team of professionals will be happy to assist you!
There are two ways to obtain a green card for your spouse. These two ways are,
1. You are married and you wish to petition for your spouse to become a permanent resident
2. You are engaged to be married and you wish to have your fiancée come to the U.S. to get married and then become a permanent resident
If you are married, there are a few things that you must be able to prove including,
Being legally married
o Must be officially recognized by the place where the marriage occurred
o Must be of age to marry
Being married to a citizen or permanent resident of the U.S.
Being in a genuine marriage
o Bona fide, not a marriage to gain a green card
Being legally entitled to marry
o You and your spouse must show that you are not married to anyone else, and if you were, that you are legally divorced
Once you have established the conditions above, you can begin your application process. You can either apply,
Concurrently; or
One after the other
Concurrently means that your petitioner has filed Form I-130, Petition for Alien Relative, and you wish to apply for Form I-485, Application to Register Permanent Residence or Adjust Status, at the same time.
If you wish to do so, you can apply one after the other, where your petitioner filed form I-130, and you file Form I-1485 afterwards while the petition is pending or approved. You may also need to submit a copy of Form I-797, Notice of Action, which will show that Form I-130 is pending or approved.
If you wish to marry your fiancée, you may petition with Form I-129F, Petition for Alien Fiancée, and marry your fiancée within ninety days of their entrance into the U.S. After you have married, your spouse will be able to apply for permanent resident.
If you have any further questions or concerns regarding how to reunite with your loved ones, at Akrami & Associates, our legal professionals can help. Contact us today to find out what we can do for you.
As there are so many categories of immigration in the U.S., it is difficult to answer all the different questions people may have. This being said, here are a few concerns that have frequently come up on forums and other websites.
1. I made a mistake on my forms, what will happen now?
Depending upon the mistake you made and whether or not the mistake was found genuine or misrepresented, generally there will be a delay in your application process from correcting the mistakes. You should make sure to contact the correct people to fix this mistake as soon as possible.
2. I am a permanent resident, can I petition for my parents to come to the U.S.?
No, you will not be able to petition for your parents to come to the U.S. until you are a citizen.
3. What is a “Per Country Limit”? What does this mean to me?
A per country limit is the amount of family sponsorships and employment-based preference visas that are permitted to be issued to citizens of each country per year. This does not mean that the limit must be reached, but that the amount of visa issued cannot surpass that amount.
If this limit has been reached, then a waiting list will be started, and you can only wait until the process is opened for your country again.
4. What reasons can I be found inadmissible to the U.S.?
You can be found inadmissible based on:
Health-related reasons
Criminal grounds
Financial reasons
Non-compliance with U.S. immigration laws
Not having proper documentation to stay in the U.S. but seeking to do so
Being previously removed
Miscellaneous reasons such as practicing polygamy
If you have reason to believe that this is your situation, you should contact a legal representative to find out more.
5. Can my fiancée come to the U.S. with me?
Your fiancée may apply to visit the U.S. at any time. However, if you are seeking to have your fiancée stay in the U.S., you will have to petition for a fiancée “K” visa.
6. I came to the U.S. on a visa waiver, can I petition for a different visa while I am here?
You cannot change into a different visa while in the U.S. on a visa waiver unless:
You married an American citizen and require a green card
You find arranged employment and meet all the required requirements to apply for an H1 (you will still have to go back to your home country to apply)
If you applied for a B2 tourist visa, you might be able to apply for another visa while in the U.S.
You should explore your options further by contacting a legal representative.
7. Can a visa be obtained in the U.S.?
No, as of 2004, if you require a new visa, it will have to be made to a U.S. embassy or consulate outside the U.S.
8. What is the Green Card Lottery?
The Green Card Lottery, also known as the Diversity Program Entry, allows those from countries with low immigration rates to the U.S. to receive permanent residence. Around 55,000 spaces are open in this category.
9. I’m a student in the U.S., am I allowed to work?
You can work on-campus subject to conditions and restrictions. After one academic year, you may be able to work off-campus through CPT, OPT, or STEM. Beyond this, you are not permitted to work as a student legally.
10. Can I get my petition processed faster?
Depending on the type of program you are petitioning for, you may be eligible for premium processing. This is a $1000 fee you pay in order to have your decision made within fifteen calendar days.
As there are so many categories of immigration in the U.S., it is difficult to answer all the different questions people may have. This being said, here are a few concerns that have frequently come up on forums and other websites.
1. I made a mistake on my forms, what will happen now?
Depending upon the mistake you made and whether or not the mistake was found genuine or misrepresented, generally there will be a delay in your application process from correcting the mistakes. You should make sure to contact the correct people to fix this mistake as soon as possible.
2. I am a permanent resident, can I petition for my parents to come to the U.S.?
No, you will not be able to petition for your parents to come to the U.S. until you are a citizen.
3. What is a “Per Country Limit”? What does this mean to me?
A per country limit is the amount of family sponsorships and employment-based preference visas that are permitted to be issued to citizens of each country per year. This does not mean that the limit must be reached, but that the amount of visa issued cannot surpass that amount.
If this limit has been reached, then a waiting list will be started, and you can only wait until the process is opened for your country again.
4. What reasons can I be found inadmissible to the U.S.?
You can be found inadmissible based on,
Health-related reasons
Criminal grounds
Financial reasons
Non-compliance with U.S. immigration laws
Not having proper documentation to stay in the U.S. but seeking to do so
Being previously removed
Miscellaneous reasons such as practicing polygamy
If you have reason to believe that this is your situation, you should contact a legal representative to find out more.
5. Can my fiancée come to the U.S. with me?
Your fiancée may apply to visit the U.S. at any time. However, if you are seeking to have your fiancée stay in the U.S., you will have to petition for a fiancée “K” visa.
6. I came to the U.S. on a visa waiver, can I petition for a different visa while I am here?
You cannot change into a different visa while in the U.S. on a visa waiver unless,
You married an American citizen and require a green card
You find arranged employment and meet all the required requirements to apply for an H1 (you will still have to go back to your home country to apply)
If you applied for a B2 tourist visa, you might be able to apply for another visa while in the U.S.
You should explore your options further by contacting a legal representative.
7. Can a visa be obtained in the U.S.?
No, as of 2004, if you require a new visa, it will have to be made to a U.S. embassy or consulate outside the U.S.
8. What is the Green Card Lottery?
The Green Card Lottery, also known as the Diversity Program Entry, allows those from countries with low immigration rates to the U.S. to receive permanent residence. Around 55,000 spaces are open in this category.
9. I’m a student in the U.S., am I allowed to work?
You can work on-campus subject to conditions and restrictions. After one academic year, you may be able to work off-campus through CPT, OPT, or STEM. Beyond this, you are not permitted to work as a student legally.
10. Can I get my petition processed faster?
Depending on the type of program you are petitioning for, you may be eligible for premium processing. This is a $1000 fee you pay in order to have your decision made within fifteen calendar days.