subject: The U.s. Immigration Process: Visas, Green Cards, And Naturalization [print this page] Anyone who has ever studied the process of immigration to the United States knows that the process can be daunting. However, with a little basic of knowledge of the many different aspects of immigration, the whole process becomes much clearer. Of course, an immigration lawyer is almost always needed to help ensure that any matter relating to immigration is legal and beneficial to the foreign citizen. But whether you're interested in immigration law or are considering immigrating yourself, the following paragraphs describe a few of the many issues and processes that are involved in immigration.
Visas
A visa is an indication that person is authorized to enter the country. A visa can be a document, but is more commonly a stamp on the person's passport. There are a wide variety of visas that a person can get, such as a temporary worker visa. Temporary worker visas authorize people to work in a certain country. They can be somewhat difficult to obtain, and in the United States that are called H-1B and L-1 visas. A student visa may be issued to those studying at an institution of higher learning in the host country. These visas are not necessarily hard to obtain but must be regularly renewed and cannot be used after the person is no longer a student. Other types of visas include the diplomatic visa, the journalist visa, and the fiancee visa, and all of the visas mentioned so far are nonimmigrant visas, meaning that the person entering the country does not intend to permanently reside there.
For those who wish to eventually move to a new country such as the United States, an immigrant visa is required. An immigrant visa authorizes a person to enter a country once. After the person has entered the country, he or she may apply for permanent residence, which would authorize the person to enter and leave the country an unlimited number of times.
In order to be eligible to apply for an immigrant visa, a person must meet at least one of several requirements. Typically, a person who desires a U.S. immigrant visa must be sponsored by a relative who is a U.S. citizen, by a lawful permanent resident, or by a prospective employer. The foreign citizen must also be the beneficiary of an approved petition. Once a person applies for an immigration visa, he or she must wait for approval before entering the country.
Permanent Residency
After successfully attaining an immigration visa, a foreign citizen can then apply for permanent residency. A permanent resident may reside in the United States indefinitely within the country, even though he or she is not a United States citizen. Becoming a permanent resident is a necessary step before becoming eligible for citizenship.
Each permanent resident has a permanent resident card, which is also known as a green card. A green card serves as a form of identification and attests that the person is legally authorized to reside in the country. Having a green card is almost always essential for a foreign citizen to legally acquire employment in the United States.
It's important to note that while permanent residents are required to abide by all of the local and federal laws, including paying taxes, their permanent stay in the United States is not guaranteed. A number of different misdemeanors or actions could result in deportation. For instance, a permanent resident is not allowed to vote in most elections. If they try to do so, they could be deported. Felonies and other serious misdemeanors, such as failing to pay taxes, could also result in deportation. And for those interested in eventual citizenship, permanent residents should not leave the country for more than six months at a time in order to maintain residency status--something that is required before applying for citizenship.
Naturalization
Naturalization is the process by which a permanent resident becomes a U.S. citizen. Depending on circumstances (such as marriage to a citizen), a person must have maintained permanent residency in the country for three to five years before seeking naturalization. This residency must be continuous, which means vacations out of the country that last longer than six months would nullify all accumulated time as a permanent resident and may require the person to attain a reentry permit before returning to the United States. In addition, a person must meet several other requirements.
To apply for naturalization, a permanent resident must be at least eighteen years old and have lawfully followed all other admittance processes prior to this point. Permanent residents must have lived for at least three months in the district or state where they file the Application of Naturalization. They must also demonstrate good moral character, show awareness off the United States Constitution, be knowledgeable of United States history and government, take an oath of allegiance to the United States, and be able to speak, write, and understand English.
Of course, an immigration lawyer can help foreign citizens obtain and understand the requirements needed to receive the necessary documents to attain authorization to live in the United States. And since immigration is an increasingly popular area of study, there are more and more attorneys who focus their practices on immigration law. So whether you're looking for an immigration lawyer in New York or California, with a little research you should be able to find a qualified and trusted immigration attorney. With the right help and by knowing more about the steps of immigration, this complicated process is not only understandable, but also possible.
