Immigrate Into the United States Permanently

Immigrating permanently to the United States of America can be a very challenging process. It will take persistence and patience but with over 41 million immigrants living in the US, it is clearly possible to navigate the system successfully.[1] Whether you're doing it to escape persecution, to stay with a family member, for an employment opportunity, or just to start a new life, this guide should help you along the way.

Steps

Applying For Permanent Resident Status

  1. Assess whether you are eligible for permanent resident status in the United States. Permanent resident status in the US is granted for four main reasons: family ties, employment, status as a refugee, and to promote diversity.[2] If you are granted permanent resident status, you will be given a permanent visa, otherwise known as a green card.
    • To qualify for permanent resident status due to family ties you must be directly related to a US citizen or green-card holder. That means that you are the spouse, child, parent, or sibling of a US citizen. That US citizen can petition for you to get a visa, but approval is not guaranteed and certain relationships are given higher preference.[3]
    • To qualify for permanent resident status due to employment you must secure employment from a US company. The first step is to have them request labor certification approval from the Department of Labor. This process can be long and costly, so a company must have a strong desire to hire you if they agree to go through the whole undertaking. These visas are given out to encourage highly skilled people to come to the US. [4]
    • To qualify for permanent resident status due to status as a refugee you must have a "well-founded fear of persecution" based on a variety of social statuses, such as ethnic or religious affiliation, that restricts your ability to return to your country of origin. For specific details about applying for permanent residency due to your status as a refugee, go to http://fas.org/sgp/crs/misc/RL31269.pdf.
    • To qualify for permanent resident status through the Diversity Visa Lottery Program, known commonly as the green card lottery, you have to be immigrating from a country with a low rate of immigration to the US. If less than 50,000 people from your home country have immigrated to the US in the past 5 years, then you may be eligible to submit an application. For more information on this program go to http://www.uscis.gov/green-card/other-ways-get-green-card/green-card-through-diversity-immigration-visa-program/green-card-through-diversity-immigrant-visa-program.
  2. Submit a petition for a permanent visa. This petition should be submitted by the US citizen that is sponsoring your application. This person will vary, depending on the way you qualify for permanent residency, but is usually a family member that is an American citizen or your prospective employer.[5]
    • This is not your application for permanent residency, it is the form that must be approved before the U.S. Citizenship and Immigration Services will consider a permanent visa application.
    • If your petition is denied, the response should include a reason for denial and your rights to appeal the decision if there are any.[6]
  3. Review your application and supporting documents with a lawyer once your petition has been approved. While a lawyer is not always required, it is a good idea to hire one that specializes in immigration law. One mistake in your application can result in a rejection and a lawyer can work as your representative throughout the process.
    • This part of the process marks your entry into the National Visa Center Processing system, which will guide you through the pre-approval process.The center is the agency which is responsible for collecting fees and supporting documentation. They will notify you when these are required and when they have actually been received.[7]
  4. Submit your fees, application, supporting materials, and wait for a response. Waiting is a big part of the process, unfortunately. After you pay your fees, you will then be allowed to turn in your application and supporting materials. Supporting materials include financial records, to prove that you will not be a financial burden to the US, and civil documents from your home country (which will need to be translated into English if they are not already).[8]
  5. Have a medical examination before the date of your interview. This examination is designed to assess whether your entry into the US would cause a public health threat. Your doctor will determine if you have any communicable diseases, as well as giving you any required vaccinations.[9] The doctor will have to fill out USCIS form I-693 and you will need to return it to the USCIS in a sealed envelope.[10]
  6. Go to an interview. At the end of the process, you will be asked to go to an interview with a government official, usually at a US embassy. The date, time, and location will be given to you. At the end of the interview, you will usually be told whether or not your visa application has been accepted!
  7. Enter the United States. Your permanent resident status will begin once you go through customs when entering the US.
    • Renew your green card. Your green card needs to be renewed every 10 years (or every 2 years if you are given a conditional green card).[11] Do not forget to renew your green card before it expires. You can do this by filling out USCIS form I-90 either online or sending it via the mail.
    • You should start the renew process when your green card is 6 months from expiration, this way there will be plenty of time for the renewal to be processed.

Applying For US Citizenship

  1. Reside in the US with a valid green card for more than 5 years. Green card holders must reside in the US for 5 years before they are eligible for full US citizenship, unless you are married to an American citizen, then it is only 3 years before you can apply.[12] During that time it is important to follow all laws and rules regarding your green card. Infractions could hurt your chances for full citizenship.
  2. Apply for naturalization. While green card holders do not have to apply for full US citizenship, there are many that do. Citizenship allows for voting rights, having a US passport, benefits from the federal government, such as social security, and the ability to run for elected office. To begin the process of applying for naturalization, otherwise known as citizenship, you need to fill out form N-400 at http://www.us-immigration.com.
    • If your application is denied you have the right to appeal the decision. You can request a hearing with an immigration officer to discuss the basis for the denial. If you are still denied after this hearing, you can then submit a form to review your application in US district court.[13] Both the hearing and the court review will cost you additional fees.
  3. Go to a citizenship interview. The interview will be scheduled once your application is processed and it will be conducted by an agent of the US Citizenship and Immigration department. The interview should consist of questions about your application and your general background, your character, and your attachment to the Constitution and your willingness to take the Oath of Allegiance to the United States.[14]
    • Do not lie during your interview. You are under oath during the interview and if they decide you are lying, your application can be denied on the spot.
  4. Pass the US citizenship test. Once you have passed the interview, you will be scheduled for the citizenship test. Naturalization applicants are required to take a test on English and Civics.[15] This is not an easy test so it requires a lot of studying to be fully prepared.
    • The English portion of the test consists of parts on reading, writing, and speaking. You will need to be able to write a sentence that is understandable to a USCIS agent, read a sentence in a way that is understandable to a USCIS agent, and answer a question normally when asked by a USCIS agent. All three parts allow you three chances to pass the component.
    • The Civics portion of the test consists of questions about US history and government. You will be asked 10 questions orally and you must answer 6 of them correctly. There are 100 civics questions that are possible and they are all available to the public at www.uscis.gov (in the Education and Resources section).[14]
    • There are studied guides and classes you can take that will help you prepare for the test.
  5. Take an oath to the United States. You are not officially a citizen of the United States until to make the Oath of Allegiance. Those who pass their citizenship test will be invited to attend a naturalization ceremony, where they will give their oath and then will become official citizens of the United States.
    • If you cannot attend your naturalization ceremony there are other options for completing the Oath of Allegiance, including taking the oath directly after your interview.



Tips

  • There is a limit to how many people in each immigration category that are accepted each year, so just because you fit all the requirements does not mean that you will get a permanent visa.
  • Visit http://www.uscis.gov. This website gives information on immigrating to the United States and tells you what is required. It is a great resource on how to start the immigration process and provides a step by step process on how to begin for your specific situation.

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Sources and Citations