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U.S.
IMMIGRATION: Legal and Illegal
-
An immigrant is a foreign
national who has been
granted the privilege of
living and working
permanently in the United
States.
An illegal alien, also known as an
“undocumented alien”, is an
alien who has entered the U.S.
illegally and is deportable if
apprehended, or is an alien who
entered the U.S. legally but who
has fallen “out of status” and
is deportable. This peson is an
individual who enters a country
at a place other than a
designated port-of-entry, in
violation of that country’s laws.
Under
Title 8 Section 1325 of the
U.S. Code, "Improper Entry by
Alien," any citizen of any
country other than the United
States who:
·
Enters or attempts to enter the
United States at any time or
place other than as designated
by immigration officers; or
·
Eludes examination or inspection
by immigration officers; or
·
Attempts to enter or obtains
entry to the United States by a
willfully false or misleading
representation or the willful
concealment of a material fact;
has committed a federal crime.
Violations are punishable by
criminal fines and imprisonment
for up to six months. Repeat
offenses can bring up to two
years in prison. Additional
civil fines may be imposed at
the discretion of immigration
judges, but civil fines do not
negate the criminal sanctions or
nature of the offense.
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A person must go through a
multi-step process to become
a legal immigrant.
-
USCIS (U.S.
Citizenship and
Immigration Services)
must first approve an
immigrant petition for
the person, usually
filed by an employer or
a relative.
-
Then, an immigrant visa
number must be available
to you, even if you are
already inside the U.S.
-
After that, if you are
already inside the U.S.,
you may apply to adjust
to permanent resident
status. If you are
outside the U.S., you
will be notified to go
to the local U.S.
consulate to complete
the processing for an
immigrant visa.
-
The
Immigration and Nationality
Act
is a law that governs
immigration in the U.S.
-
A permanent residence status
will be conditional
if it is based on a marriage
that was less than two years
old on the day you were
given permanent residence.
-
Applicants for adjustment
to permanent resident status
are eligible to apply for a
work permit while their
cases are pending. As a
lawful permanent resident,
you should receive a
permanent resident card that
will prove that you have a
right to live and work in
the U.S. permanently.
-
If a person is applying for
adjustment to permanent
resident status, he/she must
receive in advance
the permission to return to
the U.S., if they are
traveling outside of the
U.S. This advance permission
is called Advance Parole.
If they do not obtain
advance parole before
leaving the country, they
will abandon their
application with USCIS and
may not be permitted to
return to the U.S.
-
If a person wants to become
a lawful permanent resident
based on the fact that
they have a relative who is
a citizen of the U.S.,
or a relative who is a
lawful permanent resident,
they must also go through a
multi-step process.
-
The USCIS must approve
an immigrant visa
petition I-130 that is
filed by the relative
sponsoring and must be
accompanied by proof of
your relationship to the
requesting relative.
-
The Department of State
must determine if an
immigrant visa number is
immediately available to
the foreign national,
even if they are already
inside the U.S.. When
an immigrant visa number
is available, it means
that the immigrant can
aply to have one of the
visa numbers assigned to
him/her.
-
If the person is already
inside the U.S., they
may apply to change
their status to that of
a lawful permanent
resident after a visa
number becomes available
to them.
-
The sponsor must meet
certain criteria:
-
They must be a citizen or
lawful permanent resident of
the U.S. and be able to
provide documentation
providing that status.
-
They must prove that they
can support you at 125%
above the mandated poverty
line, by filling out an
Affidavit of Support.
-
If the sponsor is a citizen,
they may petition for the
following foreign national
relatives to immigrate to
the U.S.:
-
Husband or Wife
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Unmarried child under 21
years.
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Unmarried son or
daughter over 21
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Married son or daughter
of any age
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Brother or sister, if
the sponsor is at least
21 years old.
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Parent, if the sponsor
is at least 21 years
old.
-
If the sponsor is a lawful
permanent resident, they may
petition for the following
foreign national relatives
to immigrate to the U.S.:
-
Husband, wife
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Unmarried son or
daughter of any age.
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The sponsor must be able to
provide proof of the
relationship.
VISAS:
-
Immigrant visa numbers are
based on the preference
category under which they
fall.
-
The immediate relatives of
U.S. citizens, do not have
to wait for an immigrant
visa number to become
avalable once the visa
petition filed for them is
approved by USCIS. A number
will become immediately
available. The relatives in
the remaining categories
must wait for a number to
become available according
to the following
preferences.
-
First preference:
Unmarried, adult sons
and daughters of U.S.
citizens, 21 or older.
-
Second: Spouses of
lawful permanent
residents, their
unmarried children under
21, and the unmarried
sons and daughters of
lawful permanent
residents.
-
Third: Married sons and
daughters of U.S.
Citizens.
-
Fourth: Brothers and
sisters of adult U.S.
Citizens.
-
Once USCIS receives the visa
petition, it will either be
approved or denied. If
approved, the petition will
be sent to the Department of
State National Visa Center,
where it will remain until a
visa number is available.
LAWFUL PERMANENT RESIDENCY
-
Lawful Permanent Residency
is oftened referred to as
the “green card”. It gives
the person an official
immigration status in the
U.S.
-
If a person has been
present in the U.S. since
January 1, 1972, he/she may
be eligible for the registry
provisions under immigration
laws allowing them to obtain
lawful permanent residence
even if they are illegally
in the U.S. now, or if they
initially entered the U.S.
illegally.
-
A person is eligible then to
apply for permanent
residence if they:
-
entered prior to Jan. 1,
1972
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Have continuously
resided in the U.S. ever
since entry
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Is a person of good
moral character.
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Are neither ineligible
for citizenship, except
for the requirement of
five years of lawful
permanent residence, nor
inadmissible for
participation in
terrorist activities,
certain criminal or
security grounds, or for
alien smuggling.
-
Never participated in
Nazi persecutions or
genocide.
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Applicants who are inside
the U.S. and have filed to
make application for
permanent residence are
eligible to apply for a work
permit while their case in
pending.
-
10,000 immigrant visas per
year are available to
qualified individuals
seeking permanent resident
status on the basis of their
engagement in a new
commercial enterprise. The
purpose is to promote
economic growth through
increased export sales,
improved regional
productivity, creation of
new jobs, and increased
domestic capital investment.
-
Also, each year the
Diversity Lottery program
makes 55,000 immigrant visas
available through a lottery
to people who come from
countries with low rates of
immigration to the U.S.
IMMIGRATION THROUGH EMPLOYMENT
-
Foreign nationals and
employers must first
determine if the person is
eligible for lawful
permanent residency.
-
Most employment categories
require that the U.S.
employer complete a labor
certification request form
for the applicant and then
submit it to the Department
of labor. That department
must either grant or deny
the certification request.
Qualified physicians who
will practice medicine in an
area of the U.S. which has
been certified as
underserved by the Health
service are exempt of this
requiremnt.
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The USCIS must approve an
immigrant visa Petition for
Alien Work for the person
wishing to immigrate. The
employer files this petition
on behalf of the worker and
acts as the sponsor for the
applicant.
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The State Department must
give the applicant an
immigrant visa number.
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If the
applicant is already in the
U.S., they must apply to
adjust to permanent resident
status after a visa number
becomes available.
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Priority Workers are:
those of
extraordinary
ability in science, art,
education, business or
athletics, those who are
outstanding
professors or
researchers, those that
are manangers and
executives.
-
Second Priority:
workers who have
exceptional ability
in sciences, arts or
business, those with
advanced degrees,
qualified physicians.
-
Third: workers with
bachelor’s degrees,
skilled workers, and
unskilled workers,
religious workers,
employees and former
employees of the U.S.
Government abroad.
U.S. CITIZENSHIP: The 14th
Amendment to the U.S.
Constitution
“All persons born or naturalized
in the U.S., and subject to the
jurisdiction thereof, are
citizens of the U.S. and of the
state wherein they reside. No
state shall make or enforce any
law which shall abridge the
privileges or immunities of
citizens of the U.S.; nor shall
any state deprive any person of
life, liberty, or property,
without due process of law; nor
deny to any person within its
jurisdiction the equal
protection of the laws.”
Citizenship is one of the most
coveted gifts that the U.S.
government can bestow, and the
most important immigration
benefit that USCIS can grant.
Most people become citizens in
one of three ways:
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By birth, either within the
territory of the U.S. or to
U.S. citizen parents, or
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By Naturalization, that is
to say the process of
becoming a citizen.
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By adoption; any child under
the age of 18 who is adopted
by a U.S. citizen and
immigrates to the U.S.
Being a permanent resident is
viewed as a privilege and
not a right.
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DEPORTATION AND
IMMIGRATION REFORM |
1934 Appendix D -- Grounds for
Judicial Deportation
A
judicial order of deportation
can be requested only if
the offense for which the alien
will be sentenced renders such
alien deportable on one or more
of the following grounds:
·
Crime of Moral Turpitude, 8
U.S.C. § 1251(a)(2)(A)(i)
The alien must be convicted of a
crime involving moral turpitude
committed within five years
after the date of entry, and
sentenced to confinement or
confined therefor for one year
or longer. Although the
conviction must occur within
five years of entry, any entry
into the United States may be
used to support the charge of
deportability.
The term "involving moral
turpitude" is difficult to
define with precision. However,
a challenge to this designation
as being unconstitutionally
vague has been rejected.
Chu v. Cornell, 247 F.2d
929 (9th Cir. 1957), cert.
denied 355 U.S. 892 (1958).
Administrative case law has
characterized moral turpitude as
"a nebulous concept, which
refers generally to conduct that
shocks the public conscience."
Obviously, offenses such as
murder, voluntary manslaughter,
kidnaping, robbery, and
aggravated assaults involve
moral turpitude. However,
assaults not involving dangerous
weapons or evil intent have been
held not to involve moral
turpitude. Conspiracy, attempt,
or being an accessory involves
moral turpitude if the
underlying offense involves
moral turpitude. There is
administrative and judicial case
law holding that any crime
having as an element the intent
to defraud is a crime involving
moral turpitude. See
Gordon and Mailman, Immigration
Law and Procedure, §
75.05[1][d].
A
sentence of confinement of one
year or more is sufficient even
if the sentence is entirely
suspended. However, a single
crime of moral turpitude in
which a sentence of less than
one year is imposed would not be
a ground for deportation under
section 1252(a)(2)(A)(i), but
the same offense might provide a
basis for deportability as an
aggravated felony.
·
Multiple Criminal Convictions, 8
U.S.C. § 1251(a)(2)(A)(ii)
A
conviction for two or more
crimes involving moral turpitude
at any time after entry would
render an alien deportable, so
long as the offenses did not
arise out of a single scheme,
and regardless of whether the
alien was confined therefor.
Conceivably, two misdemeanor
convictions, not arising out of
a single scheme, for crimes
involving moral turpitude would
make an alien deportable under
this provision.
·
Aggravated Felony 8 U.S.C. §
1251(a)(2)(A)(iii)
An
alien convicted of an
"aggravated felony," as defined
in 8 U.S.C. § 1101(a)(43), is
deportable. The Immigration and
Nationality Technical
Corrections Act of 1994 expanded
the number of aggravated felony
offenses. (Some, but not all
aggravated felonies, would also
be crimes involving moral
turpitude.) Aggravated felonies
now include:
-
murder;
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illicit trafficking in a
controlled substance;
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illicit trafficking in
firearms, destructive
devices, or explosive
materials;
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money laundering or
engaging in a monetary
transaction in property
derived from specific
unlawful activity if the
amount of the funds
exceeded $100,000;
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offenses described in
various sections of
Title 18 relating to
explosive materials or
firearms;
-
crimes of violence for
which the term of
imprisonment imposed is
at least 5 years;
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crimes of theft or
burglary for which the
term of imprisonment
imposed is at least 5
years;
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offenses described in
various sections of
Title 18 relating to the
demand or receipt of
ransom;
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offenses described in 18
U.S.C. § 2251, 2251A, or
2252 relating to child
pornography;
-
an offense described in
18 U.S.C. § 1962
relating to investing
income derived from
racketeer-influenced
organizations;
-
offenses relating to
owning, controlling,
managing, or supervising
a prostitution business
or an offense described
in various sections of
Title 18 relating to
slavery, peonage, and
involuntary servitude;
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offenses relating to
gathering or
transmitting national
defense information,
disclosing of classified
information, treason, or
intentionally disclosing
the identity of
undercover intelligence
agents;
-
offenses involving fraud
in which the loss to the
victim exceeds $200,000,
or tax evasion in which
the revenue loss to the
government exceeds
$200,000;
-
an offense relating to
alien smuggling for
commercial advantage;
-
an offense under 18
U.S.C. § 1546(a) which
constitutes trafficking
in fraudulent documents
for which the term of
imprisonment imposed is
at least 5 years;
-
an offense relating to
failure to appear by a
defendant for service of
sentence if the
underlying offense is
punishable by
imprisonment for a term
of 15 years or more; and
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any attempt or
conspiracy to commit one
of the above offenses.
NOTE: The various other grounds
for deportation set forth in 8
U.S.C. § 1251 do not provide a
basis for a request for a
judicial order of deportation.
|
October 1997
|
Criminal Resource Manual
1934 |
PRESIDENT BUSH’S STATE OF THE
UNION SPEECH 2004
“Tonight I also ask you to
reform our immigration laws, so
they reflect our values and
benefit our economy. I propose a
new temporary worker program to
match willing foreign workers
with willing employers, when no
Americans can be found to fill
the job. This reform will be
good for our economy - because
employers will find needed
workers in an honest and orderly
system. A temporary worker
program will help protect our
homeland - allowing border
patrol and law enforcement to
focus on true threats to our
national security. I oppose
amnesty, because it would
encourage further illegal
immigration, and unfairly reward
those who break our laws. My
temporary worker program will
preserve the citizenship path
for those who respect the law,
while bringing millions of
hardworking men and women out
from the shadows of American
life.”
President Bush's
Proposal for Immigration Reform
Principles of Immigration Reform
-- The President's proposal is
based on several basic
principles:
· Protecting the
Homeland by Controlling Our
Borders: The program should link
to efforts to control our border
through agreements with
countries whose nationals
participate in the program. It
must support ongoing efforts to
enhance homeland security.
· Serve
America's Economy by Matching a
Willing Worker with a Willing
Employer: When no American
worker is available and willing
to take a job, the program
should provide a labor supply
for American employers. It
should do so in a way that is
clear, streamlined, and
efficient so people can find
jobs and employers can find
workers in a timely manner.
· Promoting
Compassion: The program should
grant currently working
undocumented aliens a temporary
worker status to prevent
exploitation.
Participants would be issued a temporary worker card that will allow
them to travel back and forth
between their home and the U.S.
without fear of being denied re-entry
into America.
· Providing
Incentives for Return to Home
Country: The program will
require the return of temporary
workers to their home country
after their period of work has
concluded. The legal status
granted by this program would
last three years, be renewable,
and would have an end. During
the temporary work period, it
should allow movement across the
U.S. borders so the worker can
maintain roots in their home
country.
· Protecting the
Rights of Legal Immigrants: The
program should not connect
participation to a green card or
citizenship. However, it should
not preclude a participant from
obtaining green card status
through the existing process. It
should not permit undocumented
workers to gain an advantage
over those who have followed the
rules.
Temporary Worker
Program
President Bush
does not support amnesty because
individuals who violate
America's laws should not be
rewarded for illegal behavior
and because amnesty perpetuates
illegal immigration. The
President proposes that the
Federal Government offer
temporary worker status to
undocumented men and women now
employed in the United States
and to those in foreign
countries who have been offered
employment here. The workers
under temporary status must pay
a one-time fee to register in
the program, abide by the rules,
and return home after their
period of work expires. There
would be an opportunity for
renewal. In the future, only
people outside the U.S. may join
the temporary worker program,
and there will be an orderly
system in place to address the
needs of workers and companies.
· American
Workers Come First: Employers
must make every reasonable
effort to find an American to
fill a job before extending job
offers to foreign workers.
· Workplace
Enforcement of Immigration Laws:
Enforcement against companies
that break the law and hire
illegal workers will increase.
· Economic
Incentives to Return Home: The
U.S. will work with other
countries to allow aliens
working in the U.S. to receive
credit in their nations'
retirement systems and will
support the creation of
tax-preferred savings accounts
they can collect when they
return to their native
countries.
· Fair and
Meaningful Citizenship Process:
Some temporary workers will want
to remain in America and pursue
citizenship. They should not
receive an unfair advantage over
those who have followed the law,
and they will need to be placed
in line for citizenship behind
those who are already in line.
Those who choose the path of
citizenship will have an
obligation to learn the facts
and ideals that have shaped
America's history.
· Reasonable
Annual Increase of Legal
Immigrants: A reasonable
increase in the annual limit of
legal immigrants will benefit
those who follow the lawful path
to citizenship.
Benefits to
America of the Temporary Worker
Program
· A more
prosperous economy -- for
America. The program would allow
workers to find jobs and
employers to find workers,
quickly and simply.
· A more secure
homeland -- to improve the
efficiency and management of all
people who cross our borders. It
is in the interest of the
Nation, and each community, to
identify foreign visitors and
immigrants and make clear the
nature of their intentions.
·
A more compassionate system --
to protect all workers in
America with labor laws, the
right to change jobs, fair
wages, and a healthy work
environment.
Homeland Security
and Border Enforcement
· Border Patrol
has increased from a strength of
9,788 on September 11, 2001 to
10,835 on December 1, 2003.
Between ports of entry on the
northern border, the size of the
Border Patrol has tripled to
more than 1,000 agents. In
addition, the Border Patrol is
continuing installation of
monitoring devices along the
borders to detect illegal
activity.
· The Bush
Administration's Operation
Tarmac was launched to
investigate businesses and
workers in the secure areas of
domestic airports and ensure
immigration law compliance.
Since 9/11, DHS has audited
3,640 businesses, examined
259,037 employee records,
arrested 1,030 unauthorized
workers, and participated in the
criminal indictment of 774
individuals.
· President Bush
announced the Student and
Exchange Visitor Information
System (SEVIS), an
Internet-based system that is
improving America's ability to
track and monitor foreign
students and exchange visitors.
Over 870,000 students are registered in SEVIS. Of 285 completed field
investigations, 71 aliens were
arrested.
· This week, the
US-VISIT program began to
digitally collect biometric
identifiers to record the entry
and exit of aliens who travel
into the U.S. on a visa.
Together with the standard
information, this new program
will confirm compliance with
visa and immigration policies.
Courtesy of The
White House
How Can You Live,
Work and/or Study in the U.S.?
Let Us Count the Ways....
Many Different
Visa Options
People often say "I want to come
live in the United States.
Please tell me what to do."
Among the
multiple answers, none are
simple. Although, if you find
that one visa is a perfect match
for you, it might indeed be a
relatively simple process.
Visas: What is
the Reason for Your Move?
People cannot simply move to
another country because they
want to. You have to be coming
to join immediate relatives
(parents, children, spouses or
siblings), to be a student, to
do a job, to start a company, to
invest money; you have to have a
reason that is much more
concrete than simply "because I
want to."
Depending on your
basis for immigrating, you will
either be applying to come
temporarily, on a temporary
visa, or permanently, with the
intention of applying for a
green card, and perhaps
eventually, citizenship.
Review all the
visa, humanitarian and parole
types below.
If you do not qualify for any of these, your only choices are illegal
immigration (a very poor choice),
or the green card lottery.
Will You Qualify?
Once you have decided upon your
reason, or your "basis" for
immigration (living in the
United States permanently) or a
temporary visa (living in the
United States temporarily), you
will need to:
Find out if Your
Reason (basis) Qualifies
Does the government (in general
terms) think your reason for
coming to America is a good one,
and do you meet the criteria
(rules) for applying?
If you do, you
will then need to apply, and to
prove that you qualify (that you
can follow the rules).
Prove it
You can not just say "I
have enough money to support
myself," or "I have a job
offer," or "I plan to study," or
"I am going to invest money."
In nearly all
cases, you will need to have
bonafied proof of these
circumstances, and will need to
follow-through with your plans.
Tracking of foreigners in the
United States has improved since
9/11, and continues to improve.
Side note:
This is part of the reason that
the Immigration and
Naturalization Service (INS) has
been replaced by the United
States Citizenship and
Immigration Services (USCIS),
which belongs to the Department
of Homeland Security:
organization, tracking and
security when it comes to
foreign nationals in the United
States.
Note #1:
Staying Six or
Fewer Months?
If you only plan to visit the
United States for up to six
months, this page probably does
not apply to you. Instead, see
the page on
tourist and business visas
instead.
However, if you
are already on a tourist visa
and have decided you want to
stay in the United States, you
are in the right place.
Note #2: If
you already have a green card
and want to apply for
citizenship, you should
visit our
citizenship page instead.
Since you must have a green card
for at least 3-5 years before
you can apply for citizenship,
you should stay on this page
unless you already have your
green card.
Legitimate
Reasons to Immigrate
The following are legitimate
reasons for coming to live in
the United States, and each has
a corresponding visa or
designated status:
I.Employment
If you are employed, as a
legitimate employee, in a
position which requires you to
work in the U.S.A, either in a
U.S. company or a foreign
company with offices in the
United States, you may be
eligible for one of the
following:
Employment-Related Visas for You
and Your Family:
All of these
visas allow for your spouse and
children to accompany you.
Generally, extended family,
personal helpers (translators,
physical therapists, etc.),
business affiliates or domestic
household help (nannies, maids)
cannot come with you, unless
they qualify for a visa under
their own circumstances.
·
Temporary Professionals - H-1B
Visas
These temporary visas require an
employer to sponsor you, and
both you and the employer must
qualify. You will need a degree
or equivalent experience related
to the sponsoring job. These
visas are usually for three
years, with a three year
extension possible.
·
Temporary Agricultural Workers –
H-2A Visas
You will need to find a legal
farm job to get this visa, and
the farmer or employer of farm
personnel will have to apply for
the visa for you.
These visas are usually seasonal.
·
Temporary Skilled and Unskilled
Workers – H-2B Visas
These temporary visas cover a
variety of jobs. They are not
used for agricultural [farm]
workers, and are not usually for
degreed professionals or
high-tech workers. You must have
a job offer and an employer
willing to sponsor you. These
visas are for one year, but may
be extended to three years under
certain circumstances.
·
Professional Trainees – H-3
Visas
If professional training exists
in the U.S. that you cannot
obtain at home, you may be
eligible for this trainee visa,
with a maximum two-year stay in
the United States.
· Nurses –
H-C Visas
·
Intracompany Transfers - L Visas
If the company you have been
with for a year or more is a
parent, subsidiary or affiliate
of a U.S. company, and is
willing to transfer you to
operations in the U.S., you may
qualify for this type of visa,
for a duration of 5-7 years.
·
Representatives of Foreign Media
– I Visas
If you are an employee or
contracted freelancer for a
foreign media source (or local
media source that is
foreign-owned), such as a
newspaper, television or radio
station, you may qualify for
this visa. It is issued in
increments of one year, but
there is no limit on how many
times it can be issued.
·
Religious Workers – R Visas
If you are a religious worker,
and have been for two years or
more, you can ask a related
religious organization in the
U.S. to sponsor you for work.
This visa can be issued for up
to five years.
·
Athletes, Artists and
Entertainers – P Visas
Those coming to the U.S. to join
a sponsoring athletic team or an
entertainment group, or artists
and entertainers who are coming
as part of a cultural exchange,
to engage in performances that
are "culturally unique," may
qualify for one of the P visas.
· Canadian
and Mexican Professionals Under
NAFTA Or TN Visas
Under NAFTA or a TN visa,
Canadians and Mexicans may be
able to enter to conduct
business in the United States.
For NAFTA qualification, you
must be in growth, manufacture
or production, sales,
distribution, marketing,
after-sales service or general
service. And you must be paid by
a foreign source. A TN is
similar to an H-1B visa, without
a cap, and only for Mexican and
Canadian citizens in certain
professions.
·
Government Representatives: A, G
and Nato Visas
If you are a diplomat, a foreign
official or an employee of a
foreign government,you’re your
services are needed in the
United States, you may be
eligible to live in the United
States under one of these
options.
·
Employment-based Green Cards
Certain professionals,
individuals with extraordinary
abilities, outstanding
professors and researchers, and
skilled workers may be able to
apply for a green card right
away, skipping the temporary
work visa phase.
The
qualifications for an employment-based
green card are generally more
stringent than those for a
temporary visa, so if you don’t
think you will qualify for any
working visa, this won’t offer
much hope. There are preferences
and different waiting times
depending on how important your
job is to a U.S. company or — in
general — to the country.
II.Self-employment
If you are an independent
contractor of freelancer, there
is limited opportunity, and it
demands a great deal of you, but
you may qualify for one of the
following visas for:
Independent
Professionals:
Treaty Traders
and Investors: E visas
If you want to engage in the
promotion of international
commerce (for example, open a
shop in which you will sell
products imported from your
country), or to directly engage
in a business in which you have
substantially invested funds, an
E visa may be for you. E visas
can require proof and/or
investment of substantial sums
of money. Such visas are only
issued for five years, but may
be renewed continuously.
Persons of
Extraordinary Ability – O Visas
For the following
categories, applicants might be
considered either employed or
independent. See the
Employed-based Visa category
above for details:
Representatives of Foreign
Media – I Visas
Athletes, Artists and
Entertainers – P Visas
Canadian and Mexican
Professionals Under NAFTA – TN
Visas
If you are going
to be studying in the United
States, Going through training,
or participating in a cultural
exchange program, you may
qualify for one of the:
Students,
Trainees and Exchange Visitors
Visas:
Academic Students & Their
Immediate Family Members: F
Visas
Vocational Students & Their
Immediate Family Members: M
Visas
Professional Trainees – H-3
Visas
Exchange Visitors – J Visas
International Cultural
Exchange Visitors – Q Visas
If you are the
husband, wife or child of an
American citizen or green card
holder, you may qualify for one
of these:
Family-based
visas:
Fiancés and Spouses of American
Citizens, and their Children -
K Visas
Certain Qualifying Spouses and
Children of U.S.
Green Card Holders – V Visas
Family-Based Green Cards
If you are
suffering from cruel and inhuman
treatment in your own country,
but not related to poverty
alone, you may qualify for one
of the following immigration
statuses under:
Humanitarian
Entry:
Victims of Human Trafficking: T
Visas
Amnesty
Refugee Status
Asylum
Government
Representatives
After you have
determined that you might
qualify under the rules, you
need to educate yourself on all
the details of the visa. Some
visas allow you to live in the
United States, but not work here.
Some allow for one year and one
year only here.
With some visas,
you have to promise that you
have no intention of staying
here permanently.
These qualifying
factors are extremely important.
Why? If you plan to come here as
a student and hope to later get
another kind of visa and stay
here forever, and the government
realizes your intentions, you
will be denied your student
visa. That’s just one of many
such examples.
It’s crucial that
you understand the rules and
guidelines for the visa you are
applying for. Staying up-to-date
on these issues is essential.
Furthermore, rules, guidelines
and laws change from time to
time, and in the world of
immigration, what you don’t know
could hurt you!
No one said
coming to America was easy (or
maybe they did?), but the right
reasons and a good amount of
patience will help you get in
and stay in good standing.
The pros and cons
of immigration reform follow
below:
A
POPULARIZED LIST OF PROS AND
CONS OF IMMIGRATION REFORM
|
PROS |
CONS |
|
1. We are a nation of
immigrants. We should
welcome all others. |
1. We are
overpopulated. More
immigration produces a
burden on society. |
|
2. Diversity is good
for society. |
2. Foreign workers will
accept tougher working
conditions and lower pay,
thus taking away jobs
for Americans. |
|
3. They boost the
economic machine with
their willingness to do
work others will not. |
3. Giving illegals
legal status is wrong
because it rewards
criminal behavior. |
|
4. Undocumented aliens
are afraid to seek
proper healthcare,
education, legal help. |
4. They overburden the
criminal justice system,
education, and
healthcare and the
citizen taxpayer is the
payer of it.
|
|
5. Without amnesty,
illegal children will
not enroll in school out
of fear and may turn to
crime. |
5. Amnesty will
encourage others to
immigrate in the hope
that they too will be
granted it. |
|
6. Without amnesty,
illegals may live in the
shadows, not report
crimes, be victimized,
etc. |
6. Amnesty unfairly
rewards those who break
the law. |
|
7. Many illegals pay
taxes, live honorably,
contribute meaningfully
with their presence. |
7. They have no
healthcare plans and
overburden the system. |
|
8. They would have
healthcare plans, etc.,
if legalized. |
8. Low wages paid to
illegal aliens keep the
overall wage levels
depressed for everybody. |
|
9. Illegal immigration
is profitable for the
American employers. |
9. Illegals overburden
the border security
system making homeland
security even more
vulnerable. |
|
10. Immigration
provides a renewable
energy source of workers
willing to work hard as
the fuel for the
economic engine. |
10. Illiterate and poor
immigrants lower the GDP
and the corresponding
standard of living,
which would attract
people in the first
place. |
|
11. Immigrants send
money home to their
families. |
11. Money is sent out
of the U.S. |
|
12. Immigrants spend
money in U.S. |
12. America loses money
on other taxes not paid. |
|
13. Illegals provide
cheap labor across the
board. |
13. Businesses avoid
taxes using illegals. |
|
14. Monolingualism puts
the nation at risk. |
14. Nation is locked in
a bilingual debate. |
|
|
15. Those who
naturalize are at a
disadvantage for the
time and effort they
spend when others get
here illegally. |
|
|
16. Increased crime: a
criminal never takes the
proper route. |
|