Immigration System: How Does It Work In the United States?

There are only a few legal immigration pathways to the United States, despite the alphabet soup of visa types. The most common reasons for immigrants to seek temporary or permanent residency in the United States are ties to family, employment opportunities, or the need for humanitarian protection.

People can also immigrate to a lesser extent if they have in-demand skills or win in the green-card lottery. Here's a guide to some of the varied visa categories to provide an overview of how the immigration system in the U.S. works. However, it would be best to seek counsel from immigration attorneys to ensure you are going in the right direction.

Family Immigration

An essential tenet of the U.S. immigration system is family unity. Accordingly, U.S. citizens and lawful permanent residents (LPRs) have permission to bring some members of their families to the country under the family-based immigration system.

For instance, immigrants from a family background either receive admission as close relatives of American citizens or under the family preference program.

Under the family preference system, America offers only a finite number of visas yearly. Fortunately, the immediate family members of Americans are eligible for an unlimited number each year. However, they must meet the standard eligibility requirements for applicants in this category, and there are age and financial requirements for petitioners. Hire an immigration lawyer to ensure you comply with all requirements suitable for your application.

A U.S. citizen or LPR sponsor must petition for a specific relative and prove the validity of their relationship to receive admission through the family-based immigration system. In addition, they must meet income requirements and sign an affidavit of support stating they will be financially responsible for the family member upon arrival in the U.S. or adjustment to LPR status.

The individual relative must also satisfy several eligibility requirements, which include proving that they won't become primarily dependent on the government for subsistence, passing a medical exam, and receiving the necessary vaccinations, including a COVID-19 vaccination.

Immigration Via Employment

Except for a few very high-skilled immigrants and investors, almost all employment-based immigrants require a sponsoring employer to obtain a visa.

The 140,000 cap applies to the spouses and kids of immigrants with employment-based green cards. Unfortunately, fewer than half of the yearly employment green cards granted go to individuals chosen for employment-related reasons.

Per-Country Immigration Limit

The Immigration and Nationality Act also establishes a cap on the number of immigrants from other nations that may enter the United States and restrictions on the various immigration preference categories. No country may send more than 7% of the total number of immigrants to the U.S. in a fiscal year who are permanent residents.

This cap helps prevent any immigrant group from predominating immigration flows to the United States, although it is not a quota to guarantee that specific nationalities make up 7% of immigrants.

Diversity Visa

The Diversity Visa program distributes thousands of visas annually and is open to countries sending immigrants to the United States of America. The government holds a virtual lottery of eligible applicants after all applicants send their applications in a given year. Authorities choose the winners randomly and invite them for a green card application if they meet specific requirements. With this in mind, it would be wise to hire an immigration attorney to know if you can apply or what steps you should take next.

Asylees And Refugees

Suppose someone can prove their persecution or establish a well-founded fear that they will be on account of religion, race, membership in a particular group, or nationality. In that case, they may receive refugee status or asylum and the right to live in the U.S. permanently. Asylum is for people already in the country, while refugee status is for those vetted abroad and approved. After a year, resettled refugees and those with asylum status can apply for a green card.

The experienced attorneys for immigration from the Lincoln-Goldfinch Law are prepared to assist you with your case. Please feel free to contact them.

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