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Immigration Overview


Immigration is the act of entering a country with the intention of permanently living and/or working there, although U.S. immigration laws also cover entry into the country for almost any purpose, including temporary stays beyond a certain length of time.  Below is an overview of immigration processes in the United States.

Eligibility

The immigration system in the U.S. is set up primarily to grant immigration status based on factors such as family reunification, in-demand work skills, and capital investment. The immigration system also covers refugees and asylum seekers, and provides a "lottery" for immigration status to people who have less pressing immigration needs. The procedure for gaining legal immigrant status will depend upon, among other factors, which path you are eligible to pursue based on your employment, education, and family situation. 

Family

If an individual is seeking immigrant status based on the fact that they have a relative who is a U.S. citizen or lawful permanent resident, the following is required:

  • The individual must be eligible for lawful permanent residence based on a family relationship that is recognized under U.S. immigration law. Not every relative is instantly eligible, and some immediate family members (spouses and children) are given preference over others.
  • Form I-130, Petition for Alien Relative, must be filed by the individual's relative (called a "sponsor"), along with proof of the family relationship, and the petition must be approved by the government (the U.S. Citizenship and Immigration Services bureau).

Employment

If an individual is seeking immigrant status based on a permanent employment opportunity, the following is required.

  • The individual must be eligible under one of the five categories of employment-based immigration recognized under U.S. law.
  • The individual's employer must complete and submit a labor certification request (see Form ETA 750A and Form ETA 750B [must be submitted two-sided]) to the Department of Labor's Employment and Training Administration.

Links last checked 11/14/06


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