The basics of Green cards and Visas Immigration is now a hot topic in the United States and the issue of family based immigration is still an ever changing area of law.
Here is a list are certain types of Visas and Green cards and a general overview of their advantages and disadvantages.
K-1 -Fiance Visas K-1 Visas are for fiances of U.
S.
Citizens who are entering for the sole purpose of getting married.
This type of visa requires the holder marry within 90 days of entering the United States.
Green Cards There are several types of green cards which a foreign national can be granted to allow permanent residence in the U.
S.
Green cards are specifically provided to foreign nationals to allow them to have permanent residence in the United States.
Green cards can either be family based or employment based.
There are different means to gaining a green card and the most common is through family based immigration, through a U.
S.
citizen who is a relative of the applicant.
Green cards can also be obtained through marriage and the individual must make certain to qualify for this type of green card and the marriage must be legal and not a fraudulent marriage.
Employment based green cards are divided into 4 categories EB-1 through EB-4, depending on the type of work and the priority of work performed by the foreign national.
There is also the EB-5 or investment by a foreign entrepreneur of between $500,000 and $1 million dollars in a commercial enterprise which may allow individual to obtain a permanent resident card in the United States.
Permanent Residency again can also be established through the green card lottery, asylum, and adoption.
Each of these types of family based visas or cards allow the individual to have permanent residence in the United States and possibly after a number of years to become a U.
S.
citizen by doing any of the following: Adjustment of Status Adjustment of status applies to individuals who already have a Notice of Action granted by the United States Citizenship and Immigration Service.
A U.
S.
Embassy or Consulate issues the lawful permanent resident card or Green Card after the initial interview process.
A lawful permanent resident card will entitle the holder to travel to the United States and apply for admission.
An immigration inspector at the port of entry determines the LPR card holder's eligibility for admission into the United States.
The adjustment of status requires an appointment for review.
Citizenship Birth and naturalization are the only two ways of becoming a U.
S.
citizen.
Unless you were born in the U.
S.
or your parents were U.
S.
citizens at your time of birth, you will need to apply for citizenship by completing the naturalization process.
Again the birth to a U.
S.
citizen can be a tricky matter as certain individuals born in certain years qualify easier than others.
By completing the correct documentation an individual can be naturalized if they meet certain requirements.
Requirements such as living in the U.
S.
for 5 years as a legal permanent resident or for individuals married to U.
S.
citizens, you must have permanent residency for at least 3 years.
Other requirements through the USCIS can be found on their website.
Clients wishing to obtain U.
S.
citizenship should complete a form N-400.
A qualified immigration attorney can help you navigate all the aspects of a tricky and risky immigration application.
Immigration law can be complicated and can involve many different areas of law.