USA Immigration Process
USA Immigration Process
The US Citizenship and Immigration Service (USCIS) must approve an immigrant visa petition for you, which is usually filed for you by an employer or a relative (your “sponsor”). Certain applicants can petition on their behalves, such as priority workers, investors, certain special immigrants, and diverse immigrants.
If you are seeking to obtain a Green Card (become a lawful permanent resident) based on employment, your US employer may need to submit a labor certification request with the Department of Labor’s Employment and Training Administration.
An immigrant visa number, through the State Department, must be immediately available to you, even if you are already in the United States.
If you are already in the United States, you may apply to adjust to permanent resident status after a visa number becomes available for you. (If you are outside the United States when an immigrant visa number becomes available for you, you must then go to your local US consulate to complete your processing.)
Am I Eligible to Obtain a Green Card?
The US immigration system is based primarily on family reunification, needed work skills, employment creation, and recognition of refugees. Also, there is a Green Card Lottery for people who come from countries with low rates of immigration to the United States. You must determine if you are eligible for a Green Card under one of the paths to US immigration, which include:
- Family Immigration Green Card
- Employment Immigration Green Card
- Investment Immigration Green Card
- Green Card Lottery
- International Adoption Immigration
- Refugees & Asylum
Eligibility requirements vary not only for each path but also within each path. The majority of Green Card holders (immigrants) are admitted based on family or employment immigration, and these paths are further divided into categories based on a preference system. All people who want to obtain a Green Card based on employment must wait for an immigrant visa number to become available according to the preference system. The immediate relatives of US citizens, which includes parents, husband and wives, and unmarried children under the age of 21, do not have to wait for an immigrant visa number to become available once the immigrant visa petition filed for them is approved. An immigrant visa number will be immediately available for immediate relatives of US citizens. Other relatives must wait for a visa to become available according to the preference system.
Immigrant Visa Numbers
U.S. law limits the number of immigrant visa numbers that are available every year, which is one of the reasons for the preference system mentioned above. As a result, you may not get an immigrant visa number immediately after your immigrant visa petition is approved. In some cases, several years could pass between the time USCIS approves your immigrant visa petition and the State Department gives you an immigrant visa number. Because U.S. law also limits the number of immigrant visas available by country, you may have to wait longer if you come from a country with a high demand for U.S. immigrant visas.
You do not directly apply for an immigrant visa number. USCIS will tell the person who filed the immigrant visa petition (the petitioner) if it is approved. USCIS will then send the approved visa petition to the Department of State’s National Visa Center, where it will remain until an immigrant visa number is available. The Center will notify you (the beneficiary of the application) when the visa petition is received and again when an immigrant visa number is available.
Additional Information on Obtaining a Green Card and the Immigration Process
For more details on how to apply to adjust to permanent resident status if you are already in the United States, see:
Family Immigration Green Card
Employment Immigration Green Card
Investment Immigration Green Card
Green Card Lottery
International Adoption Immigration
Refugees & Asylum
FAQs
What is the general process for immigrating to the USA?
The USA immigration process typically starts with determining the appropriate visa category based on your purpose for moving, such as family, employment, or asylum. Applicants usually submit a petition either through a family member, employer, or self-petition in some cases. After petition approval, the applicant undergoes a visa application process, including document submission, background checks, and an interview at a U.S. consulate or embassy. Once approved, the individual can travel to the USA and complete the entry process, eventually applying for permanent residency (green card) if eligible.
How long does the USA immigration process take?
The duration of the immigration process varies depending on the visa type, country of origin, and processing times at U.S. Citizenship and Immigration Services (USCIS) or consulates. Family-sponsored visas may take several months to years, while employment-based visas can also vary based on the category and annual quotas. Some visas, like certain humanitarian or investor visas, may have faster processing, but applicants should always check current processing times for the most accurate estimate.
What are the key requirements for immigrating to the USA?
Key requirements include a valid petition or sponsorship, proof of eligibility for the chosen visa type, and submission of all required forms and documents, such as birth certificates, passports, medical examinations, and financial evidence. Applicants must also undergo security and background checks, and in most cases, attend an interview. Meeting health, character, and admissibility standards is crucial for approval.
Can I work or study while my immigration application is in process?
Whether you can work or study depends on your current visa status and the type of immigration application filed. Some applicants may be eligible for work or study permits while waiting for approval, such as certain employment-based or adjustment-of-status applicants. Others may need to wait until a visa is granted before legally working or enrolling in school. It is important to follow USCIS regulations to avoid jeopardizing your immigration status.
