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Home » Blog » How To Start The Immigration Process: A Guide By Immigration Lawyers
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How To Start The Immigration Process: A Guide By Immigration Lawyers

By Legal Desire 9 Min Read
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Typically, many immigrants come to the United States of America due to the financial opportunities and independence it provides. Given the economic success in the U.S., compared to other countries, living and working in the country allow immigrants to build a better life.  

Contents
A Guide To The Immigration Process By Immigration Lawyers1. Family-Based Immigration2. Employee Based ImmigrationTemporary Visa ClassificationPermanent Immigration3. Other FormsUnited States Citizenship

Moreover, the country’s economy can also benefit from immigration. For instance, the immigrants can help boost America’s economic growth and development by allowing businesses and other vital sectors of the economy to create more employment opportunities and attract investments. With those things, there’s no doubt many people want to migrate to America, and the country, on the other hand, continues to accept immigrants.  

However, it’s important to remember that the United States immigration law is a bit complex. However, most confusion is created by the process of how it actually works. The immigration law in the U.S. is built upon some principles. And they are as follows.

  • Admitting immigrants who have skills that are really valuable to the economy of the United States.
  • The reunification of families.
  • Promoting diversity.
  • Protecting refugees.

The body of law that governs the current immigration law is labeled INA or the Immigration and Nationality Act. Every year across various visa categories, the INA allows the U.S. to grant a maximum of 675,000 permanent immigrant visas.

On top of the 675,000 permanent immigrant visas, the Immigration and Nationality Act has not set any limitation on the annual admission of parents, spouses, and children under the age of 21 of the United States citizens. 

Due to these complicated immigration laws, it’s best to work with an experienced lawyer who can provide you with the necessary US visa help. They’re familiar with the applicable laws, and they can assist you with the immigration process properly. 

A Guide To The Immigration Process By Immigration Lawyers

As I have already mentioned, the immigration process of the United States is a bit confusing. So, it will be best if you take assistance from Michael G. Murray, PA. Though you may have decided to go with an immigration lawyer Austin, it will be best to gather some basic information.

So, let’s get started with different types of immigration visas along with the necessary details that you can not afford to skip.

1. Family-Based Immigration

As I have already said, family unification is one of the important principles that govern the immigration policy in the United States. With the help of the family-based immigration category, the citizens and LPRs of the U.S can bring certain family members to the United States.

Family-based immigrants are admitted either through the family preference system or immediate relatives of the United States citizens. Prospective immigrants under the category of immediate relatives have to meet standard eligibility criteria.

In addition to this, the petitioner also needs to meet specific age criteria along with financial requirements. The immediate relatives are mentioned below. In case you want more detailed and specific information contact an Immigration Lawyer Austin.

  • The U.S. citizens’ unmarried minor children, who are under the age of 21.
  • Spouses of the United States citizens.
  • The U.S. citizens’ parents. Here, the petitioner has to be at least 21 years old for filing the petition for parents.

Here is a brief summarization of the family-based immigration system in a table form.

Category United States Sponsor Relationship Numerical Limit
Immediate Relatives The United States Adults Citizens Parents, unmarried minor children, and spouses Unlimited
1 The United States Adults Citizens Adult unmarried children 23,400 + unused visas from the category 4th preference
2A LPR Minor children and spouses 87,900
2B LPR Adult unmarried children 26,300
3 United States Citizens Married adult children 23,400 + unused visas from the categories 1st and 2nd preferences.
4 United States Citizens Sisters and brothers 65,000 + unused visas from all other family-based preferences.

2. Employee Based Immigration

Immigrants with valuable skills get various options to come to the U.S. either on a temporary or a permanent basis.

Temporary Visa Classification

With temporary employment-based visa classifications, employers who hire and petition for foreign nationals for some particular jobs, that too for limited periods. Over 20 different types of visas are there for temporary non-immigrant workers.

Here is the list of them.

  • For intracompany transfers, L-1 visas.
  • For athletes, skilled performers, and entertainers, various P visas.
  • For religious workers, R-1 visas.
  • For diplomatic employees, various A visas.
  • For workers of extraordinary ability, O-1 visas.
  • Both for lesser-skilled and highly skilled workers, various H visas.

Permanent Immigration

For permanent employment-based immigrants, the overall annual numerical limit is 140,000. This very number includes the immigrants along with their eligible minor unmarried children and spouses. So, actually, the number of employment-based immigrants is below 140,000 every year.

Here is a brief summarization of the permanent employee-based immigration system in a table form.

Preference Category Eligibility Annual Numerical Limit
1 Persons with extraordinary abilities in athletics, business, education, science, or arts; outstanding researchers and professors, multinational managers and executives. 40,000 + any unused visas from categories 4th and 5th preferences.
2 Persons with exceptional abilities in business, science, or arts; or members of the professions holding advanced degrees. 40,040 + any unused visas from category 1st preference.
3 Professionals with college degrees, skilled workers who have a minimum of 2 years of training or experience. 40,040 + any unused visas from categories 1st and 2nd preferences.
4 Specific “special immigrants” including employees of the United States foreign service posts, religious workers, United States government employees, along with other classes of aliens. 9,940
5 Persons who will invest from $500,000 to $1 million specifically in a job-creating enterprise, which employs a minimum of 10 full-time United States workers. For all those petitions that are filed on or after 21st November 2019, the investment amounts have been increased to $900,000 to $1.8 million, with future increases but at particular intervals. 9,940

3. Other Forms

Apart from the categories of immigrant visas, here are some other categories that are also effective under the United States immigration laws.

  • Refugees And Asylees.
  • The Diversity Visa Program.
  • TPS, or Temporary Protected Status.
  • DED, or Deferred Enforced Departure.
  • DACA, or Deferred Action for Childhood Arrivals.

United States Citizenship

In case you want to qualify for United States citizenship through naturalization, you must have LPR status or a green card, that too for a minimum of 5 years. But in case you get the green card through VAWA,  the Violence Against Women Act, or through a United States citizen spouse, the time limit is of 3 years. Applicants of U.S. citizenship have to be a minimum of 18 years old with “good moral character,” continuous residency, pass civics and U.S. history and English exams. Along with other requirements you also need to pay a certain fee. It is too much to handle, so taking help from an Immigration Lawyer Austin is always a great decision.

 

Conclusion

Indeed, the U.S. immigration process can be complicated if you have no idea how to start. But with proper research and preparation, migrating to America doesn’t really have to be difficult. So, if you’re applying for a U.S. visa to make the migration official, keep the information mentioned above in mind. Make sure to talk to your immigration lawyer beforehand, so you’ll know what steps to take to ensure a seamless immigration process.

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Legal Desire July 22, 2021
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