You will find usually 2 methods for getting an immigrant visa, as a way of working and living in the US as an “authorized permanent citizen” (also referred to as a green cards holder). One is actually through a family-based application, and another by way of an employment-based application. This blog post offers a basic summary of the processing of the family-based visa application.
Family-based use: Threshold needs for individual
A family-based application clearly describes a form on an immigrant visa submitted for just about any family person of the form or petitioner, for instance those submitted for: a partner, mother or father, youngster, or brother or sister. So that you can document this kind of request for an immigrant visa, the visa petitioner should abide by 2 principal needs:
show his / her position as possibly a Us all resident or perhaps an authorized permanent citizen, and
confirm his or her family connection with all the intending immigrant (known as the “inheritor” of visa request).
Even though threshold desires for submitting of the immigrant visa application by the US resident is related to people submitted by the authorized long lasting citizen, you will see significant variations relating to both. For one, simply a grown-up US resident may petition for his or her mother and father or brothers and sisters, or married children. 東京で就労ビザ申請代行 Additionally, a US resident’s spouse, kid or parent (below 21years and also single) are often categorized as her “immediate relative” that an immigrant visa is usually accessible (supposing this type of person normally admissible as mentioned here). This indicates they don’t really need to wait for a many years which family of authorized permanent citizens will often have to await with their immigrant visa to issue.
Family-based petition: Various other needs (primarily for beneficiary)
Once the petitioner determines through documented facts (for instance, naturalization document, green cards, birth record, etc.) his People citizenship or authorized long term residency as well as the required family connection with the intending immigrant, particular other documents should be registered with the immigrant visa request, commonly known as Form I-130.
These documents — examples are: affidavit of support, law enforcement settlement, medical test record — tries showing that the beneficiary of the immigrant visa application fulfills particular lawful specs that demonstrate desirability for entrance or “admissibility ” for the united states. In the main, admissibility to the U.S. needs evidence that the named beneficiary doesn’t have got characteristics which could disqualify her to have a US. immigrant visa, like (and not restricted to):
being truly a public charge when within the US – a public charge is one who’s likely to become “mainly dependent upon the government for subsistence”;
a significant legal convictions;
severe health issues, and also other harmful characteristics.
However all is not lost for an intending immigrant who may have any of these negative factors. Some of these negative factors may be remedied or “excused” by the U.S. immigration authorities — before called the INS, now called the USCIS — by way of a so-called “waiver.” But due to complexity of immigration laws and regulations and difficulty to getting a waiver, the aid of an immigration lawyer is strongly suggested, if not a must.