It is through obtaining a US Residency Visa that you can fulfill your dream of becoming a resident of the world’s most powerful nation. But everyone knows that acquiring this visa dos not come easy. So, in this blog, we’ll discuss some pathways to obtaining a residency visa in the United States, to somehow give you an idea on which steps to take.
Here at Checklist Visa, we aim to simplify the complexities of applying for different visas, including a US Residency Visa, which is one of the world’s most coveted visas. Whether you plan to seek residency through family reunification, employment opportunities, or investment, we will explain all the details to make things easier for you, so let’s dive in!
Understanding the US Residency Visa
A US Residency Visa allows foreign nationals to be able to permanently live and work in the United States. Commonly known as the Green Card, it serves as a pathway to becoming a lawful resident of the United States of America. This means that you can live in the US indefinitely, as long as you don’t commit any crime that would make you removable under immigration laws.
There are various paths to obtaining a residency visa, but the most common are family, employment, and investment. Each has specific eligibility requirements. For instance, with family-based visas, relatives of US citizens or permanent residents can petition their family member to live with them in the United States.
Meanwhile, employer-sponsored work visa requires the applicant to receive a job offer from an employer based in the United States. Another option is to invest in US-based businesses and eventually acquire investment visas that will allow you to live in the country.
To apply for a US residency visa, you must submit petitions. You also need to provide supporting documents, depending on the type of visa. In most cases, you will have to attend an interview at the US embassy in your home country.
The processing time for a US residency visa will vary depending on the type of visa. Once approved, holder of the green card can enjoy permanent residency rights, such as the ability to work and live in the US for the indefinite time.
Types of US Residency Visas
Here are the most common pathways to obtaining a US Residency Visa:
1. Family-Based Visas
Family-based visas is one of the key categories of residency visas for the United States. Through this visa, U.S. citizens and lawful permanent residents can bring their family members to live with them in the United States. This kind of visa is applicable to immediate relatives, which include spouses, children, and parents. It can also apply to other family members, such as siblings – though these constitute longer wait times.
To be eligible for a family-based visa, the U.S. citizen or permanent resident has to file the petition on behalf of his family member. He must submit proof of a lawful relationship and/or blood relationship with the family member. The applicant will also need to submit financial requirements showing that he is in financial capacity to support the family member being petitioned.
Background checks and interviews may also be necessary for the approval of the visa. After approval, the family member will be eligible to live in the United States and eventually become a permanent resident. Such visa aims to reunite families in the United States where they can start building their life together.
2. Employment-Based Visas
Employee-based visas all US-based employers to sponsor foreign workers for permanent residency. However, there are various types of employee-based visas, such as EB1 for priority workers and also EB2 for professionals holding advanced degrees.
To qualify for an employee-based visa, the applicant must have a job offer from a U.S. employer. They must demonstrate that no qualified U.S. workers are available to perform the job, and they have to file a labor certification application with the Department of Labor.
In various classes of employee-based visas, applicants will have to meet some stipulated educational or experience requirements. Besides these, background checks and interviews are also necessary. Once approved, the foreign worker may apply for permanent residency. That way, he or she can work and permanently live in the United States.
3. Investment Visas
The investment visa or EB-5 visa is applicable to foreign investors. This provides foreigners the opportunity to obtain permanent residency through investment in a U.S. business. The suggested investment requirement usually varies between $1 million or $500,000 in targeted employment areas.
The applicant shall demonstrate that the investment will create at least ten full-time jobs for United States workers to qualify for the investment visa. The business must be a new enterprise or an expansion of the pre-existing one at a significant level. A well-structured and supported business plan and evidence of lawful origin of the investment funds shall be presented by the applicant.
Having met these prerequisites, the applicant may apply for a conditional green card. They can be considered for permanent residency once the conditions are met after two years. This visa route draws entrepreneurs who intend to expand their ventures within the U.S. and gain residency.
4. Diversity Visa Lottery
A unique pathway to US residency is through the Diversity Visa Program. The program is aimed at ensuring diversity for US residency applications. It issues visas to nationals of countries that have lower levels of immigration into the United States. Every year, the program randomly selects 50,000 applicants and puts their names on a green card. Refer to our blog about the Diversity Visa Lottery Program to know more about this.
To qualify, one must come from one of the eligible countries and have some basic education or work experience. The application process is simple but very competitive, and only a few can get selected. Selected applicants have to undergo an interview and pass background checks before receiving their visas.
FAQs on US Residency Visa
How long does it take to get a US Residency Visa?
The time it takes for your U.S. residency visa to be processed will vary, depending on the type of visa involved. In general, family-based visas can take a few months to years. The processing for employee-based visa will also vary depending on the job categories. As for the EB-5 investment visa, it typically takes one to two years. Keep in mind that processing delays may happen.
Can I travel outside the United States while my residency visa application is pending?
Traveling outside the United States with a pending residency visa application is risky. If you do leave the country, your case will be affected. In some instances, this can cause denial. If travel is necessary, advance parole must be obtained, so you may enter the United States without affecting your case. Always seek an immigration attorney before your trip, so as not to jeopardize your case.
What should I do if my US Residency Visa application is denied?
If your U.S. residency visa is denied, review the denial notice first. That should describe why it was rejected. Of course, you would be permitted to either appeal the decision or re-apply under some other circumstances. Address any issues that the notice identifies before re-applying. Consulting an immigration attorney to guide you through what to do next can be very helpful.
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