Let me tell you the 4 ways to do it!
Year after year the amount of people in the world that wishes to emigrate to the United States is increasing and it is important to know the four main ways to be able to emigrate legally.
Not for nothing, the United Nations has declared the United States as the eighth best country to live in, after Norway and Australia, Switzerland, Denmark, Netherlands, Ireland and Germany, due to its excellent indicators in the general life quality.
Below, I will tell you the four main ways that foreigners use to emigrate to the United States!
- THROUGH INVESTMENT
If you have the chance to invest, this type of Visa might be the most interesting to you!
The most common investing Visas are the E-2 and EB-5.
For Latin-American investors who wish to invest in a business in the United States, an E-2 Visa might be the ideal. With this type of Visa, the investor and their dependents can enter the United States to Direct and Develop a commercial entrepreneurship.
There are certain requirements for this type of Visa, such as:
- The amount of the investment.
- The investor’s country of origin.
- The type of business planned to be developed.
It is important to know that the E-2 Visa does not require a minimum amount.
An E-2 Visa allows you to legally work in the USA for your business and to remain in the country indefinitely as long as your business is operational.
In Contrast, the EB-5 Visa requires a minimum investment of $500,000.00 in a pre-determined regional center or $1,000,000.00 in any place in the USA.
This investment must also create at least 10 employing positions for American workers. The financial capital that must be invested is considerably higher than the E-2 Visa; however, the EB-5 Visa concedes a permanent residence to the investor, and their closest relatives, and a direct path to citizenship.
2. THROUGH RELATIVES THAT ARE AMERICAN CITIZENS AND/OR PERMANENT RESIDENTS
Thousands of people emigrate to the United States and leave behind relatives and loved ones with the hope of meeting one day. Fortunately, immigration laws in the United States allow US citizens and permanent residents of the United States to petition their close relatives to reside in the United States.
Citizens of the United States can sponsor their spouses, their children, their siblings and their parents. Permanent residents can only sponsor their spouses and their children if they are single.
3. THROUGH WORK
Many people wish to emigrate to the United States to work and for this it is important to have some of the following documents:
a) Permanent Resident Card (also known as “Green Card”);
b) Work Permit;
c) A visa based on a job that allows you to work for a specific employer.
The unemployment rate in the US falls to 3.7%, the lowest level since 1969, after chaining nine consecutive years of growth, one of its greatest periods of prosperity. This means full employment and lots of opportunities.
There are two types of work visas:
a) Permanent (Immigrant)
b) Temporary (Nonimmigrant)
a) Permanent worker (Immigrant)
A permanent worker is a person who is authorized to live and work permanently in the United States. Each year, the United States government grants a maximum of 140,000 immigrant visas for foreigners, and their family nucleus, who intend to emigrate based on their skills to fill jobs. Some immigrant visas require that the worker already have a job offer from an employer in the United States in order to apply.
In addition, some visa categories also require a labor certification approved by the US Department of Labor. (DOL, for its acronym in English). Interesting, right?
b) Temporary worker (Nonimmigrant)
A temporary worker is a person who wants to enter the United States temporarily for a specific purpose. Once in the United States, temporary workers must limit themselves to the activity or reason for granting them a nonimmigrant visa. Usually, the process must be initiated by the United States employer by petitioning for the temporary worker.
4. THROUGH AN ASYLUM APPLICATION
Asylum protects foreign persons who have suffered persecution or fear persecution in their country of origin because of:
d) Belonging to a particular social group;
e) Political opinion.
By 2018, the countries of origin with the highest number of refugees were Bhutan, the Democratic Republic of the Congo, Burma, Ukraine, Eritrea, and Russia. Citizens of Bhutan and those of Congo make up 29 and 22 percent of asylum admissions.
The two ways to obtain asylum in the United States are the Affirmative Process and the Asylum Defense Process.
To obtain asylum through the affirmative process, the applicant must be present in the United States and must apply for asylum status regardless of how they arrived in the United States or their current immigration status. In addition, the asylum application must be filed within one year of your last arrival in the United States, unless you can prove:
1 – That the circumstances changed and directly affect your asylum eligibility or extraordinary circumstances related to delays in submitting the application; And
2 – That Under the circumstances, you submitted your request within a reasonable period of time.
An Asylum Defense application occurs when you apply for asylum as a defense in your deportation case in Court. For an asylum prosecution to be defensive, you must be in deportation proceedings in the Immigration Court. The requirement to submit the asylum petition within the first year of the last entry into the United States also applies to the asylum defense process.
For more information, contact us today. We look forward to helping you.
I hope you liked this information and that it was valuable!
My name is Federico Vargas, proud father of Martina and husband of Gimena.
With my family we lived the process of emigrating from Argentina to the United States, so we understand the fears and emotions that come into play when taking the step and changing the lifestyle. That is why I am passionate about being an immigration lawyer and helping families go through this process.