U.S. citizenship is a dream of many people who immigrate to United States. It provides lots of benefits such as right to vote, eligibility for certain government jobs and relief from the possibility of problems with residency status and many more.
The United States accepts more legal immigration as permanent residents than all over countries in the world; nearly 18 million immigrants entered the United States from 2000 to 2012, the majority coming from countries, such as, Honduras, India, Guatemala, Peru, El Salvador, Ecuador, and China. It does not mean that all immigration petitions are approved. Immigration and citizenship is a complex process which needs specialized advice from an Immigration Lawyer in United States.
In this blog, you will learn about
- Who may immigrate to the United States?
- Different types of immigration visas.
- Steps involved in the immigration visa process.
- Certain Tax Issues you must consider.
Who may immigrate to the United States?
In general a foreign citizen is eligible to apply for an immigration visa when (s)he is sponsored by a U.S. citizen relative, U.S. lawful permanent resident, or by a prospective employer, and be the beneficiary of an approved petition filed with U.S. Citizenship and Immigration Services (USCIS). For petition information visit the USCIS website. Immigrants should get in touch with an Immigration Lawyer in United States for all their immigration matters.
Types of Immigration Visas in the United States
Here are some major immigration categories
Immediate Relative and Family Sponsored
Family Immigration
In this immigration category you can get lawful permanent resident status on the basis that you have a relative who is a citizen of the United States or a lawful permanent resident, and your relative have to prove that (s)he has enough income or assets to support you.
Marriage to a Foreign National
If you are an American citizen and desire to bring your foreign born spouse to reside in the United States, you may be able to sponsor them as an immediate relative. Under current law, that means an immigrant visa is immediately available upon your filing the petition and it being processed and approved by the United States government.
Employment Based
Employment Visas
With respect to this employment based immigration category, under current U.S. immigration law every fiscal year (October 1st – September 30th), approximately 140,000 employment based immigration visas are made available to qualified applicants. Employers sponsor skilled workers using the H series of visas. For the purpose of obtaining permanent residency status, you must understand that an employer sponsor is only the first step. The second step is your applying to adjust status.
Investor Visas
The investor immigration visa is included in the 140,000 employment based immigration category during the fiscal year. The two main investor visas are the E series visas and the L series of visas. E and L series of visas are known as dual intent visas. Dual intent means that you can intend to reside in the United States temporarily, i.e. during the time necessary to invest, manage or supervise a branch office or plant; or, you can intend to immigrate to the United States permanently. The first step in applying for an E or L visa is through a Sponsor. You may be able to adjust status or obtain a Green Card. The rules and procedures pertaining to the E and L series of visas are complicated; therefore you should consult an experienced employment immigration lawyer.
Employment Visas
With respect to this employment based immigration category, under current U.S. immigration law every fiscal year (October 1st – September 30th), approximately 140,000 employment based immigration visas are made available to qualified applicants. Employers sponsor skilled workers using the H series of visas. For the purpose of obtaining permanent residency status, you must understand that an employer sponsor is only the first step. The second step is your applying to adjust status.
Investor Visas
The investor immigration visa is included in the 140,000 employment based immigration category during the fiscal year. The two main investor visas are the E series visas and the L series of visas. E and L series of visas are known as dual intent visas. Dual intent means that you can intend to reside in the United States temporarily, i.e. during the time necessary to invest, manage or supervise a branch office or plant; or, you can intend to immigrate to the United States permanently. The first step in applying for an E or L visa is through a Sponsor. You may be able to adjust status or obtain a Green Card. The rules and procedures pertaining to the E and L series of visas are complicated; therefore you should consult an experienced employment immigration lawyer.
Investor Visas
The investor immigration visa is included in the 140,000 employment based immigration category during the fiscal year. The two main investor visas are the E series visas and the L series of visas. E and L series of visas are known as dual intent visas. Dual intent means that you can intend to reside in the United States temporarily, i.e. during the time necessary to invest, manage or supervise a branch office or plant; or, you can intend to immigrate to the United States permanently. The first step in applying for an E or L visa is through a Sponsor. You may be able to adjust status or obtain a Green Card. The rules and procedures pertaining to the E and L series of visas are complicated; therefore you should consult an experienced employment immigration lawyer.
Process for Immigration Visa
After an immigrant petition is approved by USCIS, for further processing it is forwarded to the National Visa Center (NVC) if the beneficiary is overseas or unable to adjust status within the United States. NVC plays an important role in the next steps of the immigrant visa process by providing instructions to petitioners, sponsors, and visa applicants, reviewing required affidavit of Support forms from sponsors, and receiving fees, application forms, other required documents (i.e. birth certificates, police reports, marriage/divorce certificates, etc.) and medical exam/civil surgeon information from visa applicants. And then NVC contacts the petitioner once the petition’s priority date is about to become current.
To come to the U.S. to live permanently, you will want to learn more about becoming a Lawful Permanent Resident; as mentioned before, this is otherwise called getting a Green Card. Once you become a Green Card holder you might want to consider becoming a United States Citizen.
Federal Tax Implications to Immigrating to the U.S.
In making your immigration decisions, you should know that United States citizens and Lawful Permanent Residents are subject to federal taxation on their worldwide income whether they reside in the United States or not. The United States government also requires United States persons, which includes United States Citizens and Green Card Holders, to disclose certain foreign accounts and offshore assets annually. Failure to do so could result in the imposition of civil finds and criminal prosecution of non-disclosers. You should consult an experienced immigration and tax law firm regarding all of your immigration and tax concerns.
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The United States Congress is currently discussing, debating and considering comprehensive immigration reforms that could change modify or otherwise have profound ramifications for both family and employment based immigration to the United States. We strongly suggest that you follow our discussions regarding these matters.
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