As it did a hundred years ago, America attracts fortune hunters from all over the world. Enterprising representatives of other nations seek to obtain a residence permit in the United States in 2023. Moreover, neither the American legislation nor the government prevents it and even encourages the process of issuing a Green Card.
Legislative regulation
The immigration policy of the States arose simultaneously with the birth of the state. Economic development required an influx of workers and minds, therefore, from the very beginning, the qualitative and quantitative characteristics of the immigration process were regulated.
In 1952, with the adoption of the “Immigration and Nationality Act” (Immigration and Nationality Act – INA), a system of preferences was introduced for the entry of certain categories of foreigners:
- highly qualified specialists;
- parents of American citizens;
- wives and children of permanent residents;
- married children, children over 21, siblings of US citizens.
A quarter of the visas were assigned to persons who did not fall into any of the categories. Approximately the same quota is observed even today, although the American authorities declare its cancellation officially.
All three branches of government deal with the regulation of immigration processes. Congress plays a decisive role in this. The president has the same powers.
A residence permit in America is issued by federal authorities:
- State Department ( Department of State ).
- The Ministry of Justice, which includes the Citizenship and Immigration Services and the Executive Office of Immigration Review .
- Ministry of Labor ( Department of Labor ).
Special functions are performed by the National Visa Center , managed by a private company under a contract with the State Department. Separate issues are decided by the FBI and the Ministry of Health. The main provisions of immigration law are fixed in the Immigration and Nationality Act .
To enter the USA, you need an entry permit – a visa. Do not confuse it with a green card – a document certifying the identity of a foreign citizen with the right to permanent residence.
American visas are divided into non-immigrant and immigrant visas. The first allow temporary stay on the territory of the States. Others allow you to stay in the country for a long time without leaving, with the prospect of full legalization up to obtaining citizenship.
The list of visa types is presented in the table below.
| They do not immigrate | Immigrant |
|---|---|
| And – diplomatic | K1/K2 – bride/groom visa |
| B1/B2 – for business/tourist trips | IR, IH, CR, IW, IB and V15 – for close relatives, adopted children and parents of US citizens |
| Z – transit | F and B – for family reunification |
| D – for crew members of sea and air vessels | E and H – for valuable employees and rare professionals; EB-5 is an investment visa |
| F and M – student L, O, P and Q – working I – for journalists | C 51,52,53 (T, R, I) – for those who create jobs, spouses and children |
| J – for exchange program participants | DV1, 2, 3 – for diversity immigrants, spouses and children |
| R is for religious figures |
Conditions of receipt
Obtaining a residence permit (PNP) in the USA is associated with the following types of visa permits:
- K1 bride/groom visa. Entering the USA to marry a citizen. Both must be single and intend to marry within 90 days of arrival in the United States. The relationship with the US citizen must last at least 2 years. Evidence of a long-term relationship (correspondence, photos) is required. The couple must have seen each other at least once during the last two years. It is necessary to pass an interview at the immigration visa section of the US Embassy.
- L-1 work/business visa. Provides for the opening of a branch or a subsidiary , providing 10 jobs to Americans. The type of activity of the parent and subsidiary companies must match. It is necessary to provide a business plan and show in official reports that the parent company is profitable. After a year of work, it is possible to submit work results to the migration service, obtain a visa extension for 2 years and the right to submit documents for a green card. There are no limits on the number of L-1 visas approved annually. The applicant must have worked for a company outside the US continuously for 1 year out of the previous three years, be an executive, manager or employee with special knowledge of the company’s operations, prove the level of English proficiency and receive a salary not lower than the established minimum wage in the US .
- An EB5 investment visa is issued for large investments in the American economy ─ in fact, it is a PNP in the USA for investments of 1 million dollars or more (500 thousand dollars, if the project is implemented by a regional center included in the list on the website of the Immigration Service).
- H-1B professional work visa : to obtain it, you need at least a bachelor’s degree in the specialty in which the applicant intends to work in the United States. Work experience in the profession is required – 3 years of experience after graduation, and recognition of the diploma.
Obtaining a PNP in the USA when buying real estate is not guaranteed. This fact only confirms the availability of funds, which gives certain advantages when considering the petition. The same applies to the lottery. The minimum requirements for applicants for PNP are:
- absence of criminal records and dangerous infectious diseases;
- financial stability.
At the same time, if the winner does not meet the requirements of the law, the issuance of green cards will be refused.
For a person who wishes to immigrate to the United States, a petition, usually submitted by a relative or an employer, must be approved by USCIS before applying for the requested immigrant visa.
The immigration fee is $220 and is payable prior to travel to the US. Exceptions are prospective adoptive parents of children entering under the orphan program and holders of category K visas.
The full cost of a visa is individual in each case. It is worth considering that investors and businessmen will have to pay taxes.
Applicants are required to undergo a medical examination by a commission, the composition of which is approved by the American embassy or consulate. The order of registration for the examination is determined by the National Visa Center or the US Embassy (Consulate).
You must arrive at the US embassy or consulate for an interview 15 minutes before the scheduled time. It is necessary to take with you the letter of invitation and the documents necessary for consideration of the visa application.
List of documents for obtaining a permit
To get a PNP in America, you will have to prepare and submit a number of documents:
- the applicant’s questionnaire;
- foreign and domestic passport;
- Birth Certificate;
- a medical card with test results;
- certificate of criminal record;
- photos ;
- information about marital status and children;
- data on financial situation and work;
- justification of the right to PNP.
In some cases, you will also need:
- address in the USA;
- documents certifying marriage;
- evidence of threats to life, health and segregation in the homeland;
- documents confirming capital investment and job creation in the USA.
You can submit a package of documents in Ukraine to the embassy at the address: Kyiv, str. Sikorskogo, 4 (former Tankova St.), phone: (044) 521-5000.
In case of failure, it is necessary to determine the reason in order not to repeat the mistakes. It is necessary to request a case in the place where the application was submitted and file an appeal to challenge the decision. Such a task cannot be solved without professional lawyers.
After GNP: continuation, PMP, citizenship
After five years of legal residence (without leaving for more than a year, to maintain the status you need to live in the country for at least 6 months a year), you can get citizenship .
A permanent residence permit in the USA for Ukrainians is issued for 10 years and provides for the possibility of extension. You can apply for an extension six months before the Green Card expires – via the Internet or by regular mail. To apply outside the United States, you can contact the nearest consulate. In case of refusal, you can use the right of appeal.