Items related to Immigrating to the USA: A do-it-yourself guide.
Synopsis
Whether you want to immigrate to the United States on your own or as a relative of a person already in the United States, you will need to understand the immigration rules, follow the correct procedures, and file the necessary forms. If you are a businessperson, tourist, or a student, you also should be aware of your legal status while in the United States and the regulations that specifically affect you. This practical, easy-to-understand book, written by an experienced immigration lawyer, will give you the information you need to ensure an easy and hassle-free entry into the country.
"synopsis" may belong to another edition of this title.
About the Author
Dan P. Danilov has been an immigration attorney in Seattle, Washington since 1958. He is a member of the American Bar Association and has also been admitted before the Supreme Court of the United States. Danilov has authored numerous articles and publications on immigration law, including Danilov's US Immigration Law Citator. He has also been editor of the Immigration Journal, and has lectured extensively on immigration law, both in the United States and abroad.
From the Back Cover
Whether you want to immigrate to the United States on your own or as a relative of a person already living in the United States, you will need to understand the immigration rules, follow the correct procedures, and file the necessary forms. If you are a businessperson, tourist, or a student, you also should be aware of your legal status while in the United States and the regulations that specifically affect you.
This practical, easy-to-understand book, written by an experienced immigration lawyer, will give you the information you need to ensure an easy and hassle-free entry into the country.
Addressing questions every immigrant has about the US immigration procedure, this step-by-step guide includes information on:
- Who can immigrate to the United States - What forms to complete and file - Who can use a nonimmigrant visa - Family-based versus employment-based immigration - Arriving at a US port of entry - Legal rights of immigrants, including removal procedures - Applying for permanent resident status and naturalization - Who qualifies as an immigrant investor
Excerpt. © Reprinted by permission. All rights reserved.
1. THE STATUE OF LIBERTY NEW YORK, USA
Immigration is an experience most Americans have in common, whether recently or in the distant past. Motivation for such an enormous undertaking has varied greatly, for our ancestors came to the United States for all kinds of reasons. Some came to find economic and political opportunities not available in their homelands, others to escape the ravages of war, famine, and persecution of minority religious beliefs. Many came out of pure adventure and some of them stayed. Slaves were the one exception to this pattern: they were the only immigrant group that did not come to the United States of their own free will.
Since October 28, 1886, the first sight of their new home for many immigrants has been the majestic figure of the Statue of Liberty, the cherished symbol of American ideals. Leaving behind all they knew, immigrants by the millions braved the unknown in search of a new life. Fears, hopes, and a host of private anxieties may have accompanied many, but their first glimpse of "the Lady" must have eased their doubts and provided the reassurance they needed. Starting a new life would be difficult, perhaps even cruel, but the statue s imprint remained with them and its message urged them to endure the hardships ahead.
The Statue of Liberty, created by French sculptor Frederic August Bartholdi, was given by the people of France to the people of the United States in recognition of ties first forged during the American Revolution. In her time, she has welcomed more than 50 million people to the country.
2. WHO CAN IMMIGRATE TO THE UNITED STATES?
Anyone can apply to immigrate to the United States. The Congress of the United States has set an annual limit of visas available for any fiscal year. These visas are divided into three categories:
(a) Family-sponsored immigration including immediate family members of us citizens, a group previously not included in numerical considerations (b) Employment-based immigration (c) Diversity immigration
Further divisions are made within these categories to account for more specific criteria within each (see Table 1). The visas are given on a "first come, first served" basis. The us Department of State determined the family and employment preference numerical limits for financial year (fy) 1998 in accordance with the terms of section 201 of the Immigration and Nationality Act (ina). These numerical limitations for fy 1998 were as follows:
- The worldwide family-sponsored preference limit is 226,000. - The worldwide employment-based preference limit is 140,000. - Under ina section 202(a), the per-country limit is fixed at 7 percent of the family and employment preference annual limits. For fy 1998, the per-country limit is 25,620.
The Immigration Act of 1990 provided a new method of calculating how many people from each part of the world are allowed to immigrate in any year. This calculation distinguishes geographic areas of high immigration and areas of low immigration by how many immigrants from those places have come to the United States during the past five years. Generally, people from areas of low immigration are given preference. This strategy redresses the fact that immigrants from some parts of the world have received a disproportionate number of immigrant visas in the past.
People who live inside the United States can apply for an immigrant visa if they have a relative in the United States who is a us citizen or a lawful permanent resident who can file a Form I-130 Immigrant Petition for Relative, Fiancé(e) or Orphan, for them with the Immigration and Naturalization Service (ins). In certain cases, a Form I-130 may be filed with a us consulate or ins abroad. The approval of a relative visa petition will qualify a person who intends to immigrate to the United States for an immigrant visa at a us consulate in a foreign country.
Other people who do not have relatives in the United States can apply for immigrant visas as priority workers (persons of extraordinary ability, outstanding professors and researchers, or multinational executives or managers), members of the professions holding advanced degrees, aliens of exceptional ability, professionals without advanced degrees, or investors. Foreigners are also eligible to apply for immigration if they are capable of performing specified skilled or unskilled labor that is not of a temporary or seasonal nature and for which a shortage of employable and willing persons exists in the United States.
Labor certifications are required for almost all immigrants whose applications are based on employment. The exceptions are priority workers who intend to enter the labor market and do not have relatives to file relative visa petitions for them, and those whose professions or qualifications have been precertified by the Department of Labor and who are therefore eligible for a "Schedule A" Labor Certification Waiver.
The Refugee Act of 1980 distinguishes between those who are refugees and those who seek asylum. People outside of the United States may be admitted as refugees. People physically present in the United States or at a land border or port of entry to the United States at the time of seeking refuge may apply for asylum within one year of entry. The term refugee has been broadened to fit the definition of the United Nations Convention and Protocol relating to the status of refugees.
People who wish to immigrate to the United States from abroad must apply for immigrant visas at a us consulate in the foreign country of their residence, with some exceptions, and must comply with all the laws and regulations of the Immigration and Nationality Act and its amendments. At the discretion of the ins, qualified applicants who have been "inspected and admitted" into the United States may apply for adjustment of status in order to become permanent residents.
"About this title" may belong to another edition of this title.
- PublisherUNKNO
- Publication date2003
- ISBN 10 1551804026
- ISBN 13 9781551804026
- BindingPaperback
- LanguageEnglish
- Number of pages304
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