VISAS

INTRODUCTION

Everybody who wants to come to the United States needs a visa. A visa allows the holder to travel to a borderpost of the United States, where an officer of the U.S. Borderpatrol Agency determines whether it is valid, and for how long the holder is allowed to enter. Some visas, like a tourist, student, or work visa are of a temporary nature, and require that the holder return to their country after it expires. Some visas, like the fiance or immigrant visa, are of permanent nature, and allow the holder to live and sometimes work in the United States. There are more than 60 different types of visas available. Schedule a consultation with me to find out which visa is best for you!

FAMILY IMMIGRATION

Most immigrants come to the United States as the spouse, parent, brother or sister, of a U.S. citizen or permanent resident of the United States. The date your petition is filed becomes your priority date. Most petitions carry a long waiting period, because each year more family members apply than there are immigrant visas available. There is no limitation on the number of spouses and minor children of United States citizens.

Each month, the State Department issues an UPDATED LIST for the various preference categories. Once your priority date has become current, you may apply for permission to enter the United States and, provided you abide by the laws of our country, you can remain here for the rest of your life.

FIANCÉ(E)S

If your fiancé(e) is a United States citizen, she or he may apply for a special visa for you that will allow you to travel to the United States and remain here for three months. Provided the two of you marry within that period, you may then file an application for permanent residence as the spouse of a United States citizen. Often the waiting times for fiancees are much shorter than for spouses or other family members. Because of the many instances where unsuspecting foreign fiancées have been subjected to abuse once they arrive in America, U.S. citizen petitioners are now required to disclose their criminal records, and the Department of Homeland Security has the right to deny fiancée visas in certain circumstances.

Only United States citizens may petition for their fiancé. Permanent residents who have resided in the United States for at least five years and who are of good moral character, may file an application for naturalization to United States citizens.

EMPLOYMENT BASED IMMIGRATION

There is a large variety of possibilities to come to the United States to work. Below, I have listed a few of several options. Probably most important for you is the fact that your spouse and minor unmarried children will be able to come with you. Because it is extremely important that we select the correct visa for your future plans, I strongly recommend that you contact me, so that we can work together to find the right option for you.

IMMIGRATION THROUGH A JOB OFFER

There are immigrant and non-immigrant visas available for professionals who have a job offer from an American company. Because the processing period for non-immigrant visa is much shorter than for immigrant visa, it may be possible to come here as a non-immigrant worker first. We work closely with you and with your employer to obtain the right visa for your plans.

IMMIGRATION THROUGH INVESTMENT

The United States has treaties for investment or trade with many other countries. If you are a citizen of one of those countries, and you are interested in starting a business in the United States, you may be eligible for an investor visa. It is called an E-1 or E-2 visa. The purpose of this visa is for you to own and manage your business in the U.S., and you are allowed to remain here as long as you do. Your spouse and unmarried children under 21 are allowed to be with you in the U.S.

Another type of investor visa is available for citizens of any country, as long as they invest a minimum of $ 500,000.-- in a business in the United States, and create a minimum of 10 jobs.It is called an EB-5 immigrant visa. Alternatively, you may wish to invest in a regional center, which is usually a larger business, that combines several investors in order to create many jobs within the immediate region of where this investment takes place. You are not required to do hands-on management, but your entire investment must be at risk. This is an immigrant visa, which, upon approval, will provide you, your spouse, and your unmarried children under 21, with lawful permanent resident status.

STUDENT VISAS:

The United States continues to welcome international students to come and study. There are many opportunities available, from full time enrollment in a college or university, to participating in a temporary or part time training program. Studying in the United States is expensive, and most students are not allowed to work. In addition to student visas, you may be able to participate in an international exchange program, or even in a work/study project. It is important that you obtain your student visa before coming to the United States, as often application to change from tourist to student status are being denied.

RELIGIOUS VISAS:

If you have been a member of a religious denomination which has a bona fide non-profit religious organization in the United States for at least two years, you have continuously been employed by this organization for at least two years in a professional capacity, such as minster, imam, rabbi, priest or monk, and your religious organization has asked you to come and work here in a professional religious capacity, you may be eligible for a special visa, or even permanent resident status. Your spouse and children are eligible to come with you. The process requires that the United States affiliate of your religious organization file a petition for you. Initial processing most often occurs through the U.S. embassy or consulate in your home country, although you may be able to change to a religious visa after you have entered the United States. Ultimately, there is the possibility that your religious organization petitions for permanent resident status for you.