Just like a hundred years ago, America attracts hunters for the best life from all over the world. Enterprising representatives of other nations seek to obtain a residence permit in the United States. Moreover, neither American legislation nor the government interfere with this and even stimulate the process of issuing a Green Card.
Residence permit in the USA: legislative regulation
The immigration policy of the States emerged 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 (INA), a system of preferences was introduced for the entry of certain categories of foreigners:
- highly qualified specialists;
- parents of American citizens;
- spouses and children of permanent residents;
- married children, children over the age of 21, brothers and sisters of American citizens.
A quarter of the visas were intended for persons who did not fall into any of the categories. Approximately the same quotas are observed today, although the American authorities announce that they have been officially canceled.
All three branches of government are involved in the regulation of immigration processes. The decisive role in this is played by the Congress. The president has a number of powers.
A residence permit in America is issued by federal authorities:
- Department of State.
- Department of Justice, which includes Citizenship and Immigration Services and the Executive Office of Immigration Review.
- Department of Labor.
Special functions are performed by the National Visa Center, under contract with the Department of State operated by a private company. The FBI and the Ministry of Health decide certain issues. The main provisions of immigration law are enshrined in the Immigration and Nationality Act.
To enter the United States, you will need an entry permit ─ a visa. Do not confuse it with a green card ─ a document proving the identity of a foreign citizen with the right to permanent residence.
American visas are classified into non-immigration and immigration visas. The first are allowed temporary stay in the United States. The latter 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.
| Non Immigrant | Immigrant |
|---|---|
| A - diplomatic | К1 / К2 - bride / groom visa |
| B1 / B2 - for business / leisure travel | IR, IH, CR, IW, IB and V15 - for close relatives, adopted children and parents of US citizens |
| C - transit | F and B - for family reunification |
| D - for crew members of ships and aircraft | E and H - for valuable workers and rare professionals; EB-5 - Investment Visa |
| F and M - student L, O, P and Q are workers I - for journalists | C 51,52,53 (and T, R, I) - for job creators, spouses and children |
| J - for members of exchange programs | DV1, 2, 3 - for diversity immigrants, spouses and children |
| R - for religious leaders |
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Conditions for obtaining a residence permit
Obtaining a residence permit in the United States is associated with the following types of visa permits:
- Bride / Groom Visa K1. Entering the United States to marry an American citizen. Both must be free and intend to get married within 90 days of arriving in the United States. A relationship with a US citizen must last at least 2 years. Proof of a long-term relationship will be required (correspondence, photographs). It is required that the couple have seen each other at least once over the past two years. An interview is required at the Immigrant Visa Section of the US Embassy.
- Work / business visa L-1. It involves the opening of a branch of the company or a subsidiary, providing 10 jobs for Americans. The line of business of the parent and subsidiary companies must be the same. It is required to provide a business plan and show in official records that the parent company is profitable. After a year of work, it is possible to submit the results of work to the migration service, obtain a visa extension for 2 years and the right to apply for a green card. There are no restrictions on the number of L-1 visas approved annually. Applicant must have been working for a company outside the United States continuously for 1 out of the previous three years, be an executive, manager, or employee with specialized knowledge of the company, have a proven level of English proficiency, and receive a minimum wage in the United States.
- An EB5 investment visa is issued for large investments in the American economy - in fact, it is a residence permit in the United States for investments of $ 1 million ($ 500,000 if the project is implemented by a regional center listed on the website of the Immigration Service).
- Work visa for H-1B specialists: to obtain it, you need at least a bachelor's degree in the specialty for which the applicant intends to get a job in the States. Work experience in the profession is required ─ 3 years of post-graduate work experience, and diploma recognition.
Obtaining a residence permit in the United States when buying real estate is not guaranteed. This fact only confirms the availability of funds, which gives certain advantages when considering a petition. The same goes for the lottery. Requirements for residence permit applicants are minimal:
- lack of convictions and dangerous infectious diseases;
- financial stability.
At the same time, if the winner does not meet the requirements of the law, the issuance of a green card will be refused.
For an individual wishing to immigrate to the United States, a petition must be approved before applying for the requested USCIS immigrant visa, which is usually submitted by a relative or employer.
The immigration fee is $ 220 and is payable prior to travel to the United States. Exceptions are prospective adoptive parents of children entering the orphans program and holders of K visas.
The total 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 procedure for registering for an examination is determined by the National Visa Center or the US Embassy (Consulate).
You must appear for your interview at the US Embassy or Consulate 15 minutes before the scheduled time. You must take with you the letter of invitation and the documents required to process your visa application.
List of documents for obtaining a residence permit
To obtain a residence permit in America, you will have to prepare and submit a number of documents:
- the applicant's questionnaire;
- foreign and domestic passport;
- birth certificate;
- medical record with test results;
- police clearance certificate;
- Photo;
- information about marital status and children;
- data on financial position and work;
- substantiation of the right to a residence permit.
In some cases, you will also need:
- US address;
- marriage documents;
- evidence of threats to life, health and segregation at home;
- documents confirming investment and job creation in the United States.
You can submit a package of documents in Russia to the addresses indicated in the table:
| The name of the US organization in the territory of the Russian Federation | Addresses and contact numbers |
|---|---|
| Embassy | Moscow, Bolshoi Devyatinsky per., 8, +7 (495) 728-50-00 |
| Consulate General in St. Petersburg | 191028, St. Petersburg, st. Furshatskaya, 15, +7 (812) 331-26-00 |
| Consulate General in Vladivostok | 690001, Vladivostok, st. Pushkinskaya, 32, +7 (4232) 30-00-70 |
| Consulate General in Yekaterinburg | 620151, Yekaterinburg, st. Gogol, 15, +7 (343) 379-30-01 |
In case of failure, it is necessary to determine the reason so as not to repeat mistakes.You will need to ask for the case at the place where the application was filed and file an appeal to appeal the decision. This task cannot be solved without professional lawyers.
After residence permit: extension, permanent residence, citizenship
After five years of legal residence (without leaving for more than a year, to maintain the status, you must live in the country for at least 6 months a year), you can obtain citizenship.
A permanent residence permit in the United States for Russians is issued for 10 years and suggests the possibility of extension. You can apply for an extension six months before the expiration of the Green Card - via the Internet or by regular mail. To apply outside the States, you can contact the nearest consulate. In the event of a refusal, you can exercise your right to appeal.
