There are different reasons why people seek to immigrate to the United States, either to improve their lifestyle, for better job opportunities or for studies; regardless of the reasons, the best way to do it is always legally, that is why here we describe the different ways in which you can immigrate to the United States legally.
The different crises or difficulties that people may face can be seen as opportunities for growth. These opportunities can be to start from scratch in a new country, such as the United States, but it is important that this and other decisions are made with controlled risks to ensure greater chances of success.
There are two profiles that allow people to live legally within the United States: Citizenship and permanent residency, also known as the Green Card. Each offers different benefits and the ways to obtain them are different.
Obtaining citizenship by marriage
There is the possibility of obtaining citizenship by marriage to a U.S. citizen. To carry out this process some basic requirements must be met:
- There must be a legal marriage.
- You must live with the American spouse for 3 years.
- Be of legal age of majority (18 years old).
- Continue to be married to the U.S. citizen until the time of the oath of allegiance.
- Reside as a permanent resident for 3 years prior to the completion of the application.
- Take the citizenship test.
- Be of good moral character for 3 years prior to application.
Obtaining permanent residency by marriage
A green card can be obtained through marriage to a U.S. citizen or permanent resident. This allows you to obtain a green card by marriage, which guarantees the spouse of a U.S. citizen or green card holder the ability to live and work anywhere within the United States. A green card holder will have permanent resident status until he/she applies for citizenship (if desired), and will be eligible for citizenship after three years, as explained in one of the steps described above.
Visa lottery
Another way to obtain permanent residency is through the Diversity Visa Program, which is an annual lottery in which 50,000 visas are granted randomly to people who apply and meet certain requirements, such as being a citizen of certain countries that are part of a low level of immigration to the United States.
Permanent Residency by Family Petition
When a person has an immediate family member who is a U.S. citizen, he or she may opt for this option where the U.S. citizen would apply to grant residency to that foreign relative, whether they are children or parents. It is important to note that a permanent resident cannot petition for his or her parents, as this can only be done by U.S. citizens.
Political Asylum
The laws of the United States, as many countries, allow granting political asylum to people who are at risk in their country of political persecution and other problems, which must be presented by an attorney, who will help the applicant to carry out this process which is more complicated because of its delicacy, since a solid case must be presented where it is demonstrated that the person has really lived a situation like this in his country from which he is fleeing.
After having been physically in the United States, the immigration law allows the person to apply for permanent residency, which must be processed through the U.S. Citizenship and Immigration Services or USCIS.
Work Visa
Finally, another option for obtaining permanent residency is through employment-related applications. These can be different, depending on the employment situation of each person, these would be some cases:
- O and P visas are intended for people with certain extraordinary talents, related to sports, science, art, among others, which must be demonstrated in the application.
- The E1 is for those who wish to start a business in the United States.
- H1B is the visa requested for all people with higher education professions, sports jobs, artists, among others.
- H2B is for jobs that are offered on a temporary basis and cannot be secured by U.S. citizens.
- Q is for those people who do cultural exchanges.
- L2 is for spouses and children of an L visa holder.
- H3 is for those students working in a U.S. company.
- H1A is for graduate nurses.
- H2B is for agricultural workers.
Whatever the case you are thinking about, we recommend that you always work with an expert immigration lawyer, who will help you prepare your case in the best way possible, since he or she has the experience and knowledge of the laws, which will give you a better chance of success when trying to immigrate to the United States.
