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This article was co-written by David Katona. David Katona is an immigration attorney and founder of Katona & Associates PLLC in New York City. With more than 20 years of experience, he specializes in corporate immigration and underwriting green cards. He holds a law degree from the American University of Washington School of Law, a master’s degree in International Law from the American University School of International Services, and a bachelor’s degree in Economics from Wake Forest University. He was awarded the title of Outstanding Lawyer in Corporate Immigration by Super Lawyers in 2014, 2016 – 2022, and New Star in Corporate Immigration in 2011. His law firm was rated by Best Lawyers. Price is a first-class immigration law firm in New York City, and a national second-class for the period 2020 – 2023. David is a member of the American Immigration Lawyers Association (AILA) and the American Bar Association. New York City.
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There were over 44 million immigrants living in the United States in 2018. [1] X Source of Research If you are currently living outside the United States, your path will begin with applying for an immigrant visa and becoming a permanent resident. . Conversely, if you are in the United States, you can apply for permanent resident status through the “adjustment of status” process. [2] X Trusted Source USA.GOV Go to Source After living in the US as a permanent resident for 5 years or more, you are eligible for US citizenship. [3] X Trusted Source US Citizenship and Immigration Services Go to source
Steps
Apply for an immigrant visa
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Identify the right type of visa. If you are currently living outside the US and want to immigrate to the US permanently, you must first apply for an immigrant visa. There are many types of immigrant visas, each of which requires a different application form and supporting documents. [4] X Research Sources
- The US prioritizes immigrant visas by type. The highest priority is granted to immigrants who already have family members living in the United States who are citizens or permanent residents. The next level of preference is granted to immigrants who already have a job in the United States.
- You can also apply for other types of visas such as a refugee visa. These visas are very limited in number. The number of visas offered may be more limited depending on the country you live in. Waiting lists for these types of visas can sometimes stretch for years.
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Find a sponsor for your visa application. If you want to apply for an immigrant visa, you need to find a US citizen to sponsor you. If you are applying for a family visit visa, the sponsor must be a member of your family and a US citizen. For employment-related visas, the sponsor is usually your prospective employer.
- If you are sponsored by a relative, they must be a US citizen over the age of 18.
- If your sponsor has never sponsored anyone before, both they and you should take the time to read through the sponsorship process to know what to do. An attorney specializing in immigration law can help you understand this process. There are also non-profit organizations available to assist immigrants.
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Ask the guarantor to apply for a guarantee. The forms that sponsors need to complete and submit are available on the United States Citizenship and Immigration Services (USCIS) website. There are instructions on the form to fill out and submit to USCIS. [5] X Research Sources
- If you are sponsored by a relative, they must file Form I-130, Petition to Sponsor Alien Relative. If you are sponsored by your employer, they must file Form I-140, Application to Sponsor Overseas Worker.
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Wait for the announcement of the National Visa Center (NVC). If the petition is approved, it will be sent to the NVC for processing. NVC accepts visa applications, fees and supporting documents. Since there is only a limited number of visas for each category each year, you may have to wait months or even years to hear from the NVC. [6] X Research Sources
- The NVC notice includes instructions on how to proceed with the next steps to apply for an immigrant visa. Read these instructions carefully and seek help from an immigration attorney or nonprofit organization if you do not understand the instructions. Failure to follow instructions may slow down the application process, or result in your application being denied.
- At this point, you may choose a representative to receive notifications from the NVC on your behalf. This is necessary if you often move, or do not have a permanent address. You can also act as your own representative.
Tip: You should start collecting additional records while you wait for NVC’s notification. Visa applications and instructions are available on the USCIS website.
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Submit visa application, fees and other documents to NVC. The immigrant visa application form is detailed and quite lengthy. Most of the information you provide on your visa application should be accompanied by an official supporting document. Once you have filled out the application and gathered all the required documents, send all of them to NVC. [7] X Research Sources
- You should have an immigration attorney review your visa application and supporting documents before submitting. You have to pay a fee of more than $1,000 and they won’t refund if the application is denied, then you have to start the process all over again.
- In some countries, you will use the Consular Electronic Application Center (CEAC) to submit your visa application, fees and supporting documents instead of mailing them. This process is safer and saves time.
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Health examination. USCIS requires a physical exam to determine whether you pose a danger to public health. You will be vaccinated against necessary diseases and screened for infectious diseases. [8] X Research Sources
- The physician must complete the Form I-693 and seal it in the envelope. Do not take the form out of the envelope. You must send this sealed envelope to the consular office on the day of your interview.
- This medical examination form is valid for 6 months.
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Attend an interview with a consular officer. The interview usually takes place at the nearest US embassy or consulate in the country where you live. [9] X Research Source
- During the interview, the consular officer will review your supporting documents and ask some questions about your visa application.
- If you are applying for a visa with a relative, they will usually have to attend an interview with you.
- At the end of the interview you will know if your visa application has been approved or not. If the consular officer needs additional documents or information before approving the application, they will let you know. Make these records available to them as soon as possible.
- Consular officers may refuse visa applications. Usually you cannot appeal their denial. You can ask another consular officer to review your application, and you need to attend another interview.
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Come to the US with an immigrant visa. Within a few days after the interview, you will receive your immigrant visa. You can get your visa at the embassy or consular office along with your passport. You must arrive in the US before your visa expires, usually 6 months (remember, a medical certificate is only valid for 6 months). [10] X Research Source
- You will receive a sealed packet to present to US customs at the port of entry. Do not open this sealed folder.
Apply for a Green Card
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Find out if you are eligible to apply for a Green Card. If you are in the US on a nonimmigrant visa and want to become a permanent resident, you can apply for “adjustment of status” if you fall into one of the qualifying categories. Permanent resident status is mainly granted to people who have relatives who are US citizens, or who have full-time jobs in the US. [11] X Trusted Source US Citizenship and Immigration Services Go to source
- For example, if you came to the US on a student visa and were later employed as a professor by the university, you can apply for a Green Card based on the work and the university as the sponsor.
- Green Cards are also issued to people living in the US on a nonimmigrant visa who fall in love with someone in the US and decide to get married.
- All adjusted eligibility categories are listed on the USCIS website. You should also talk to an immigration attorney before you begin the card application process. They will give you some advice and help you through each step of the process.
Tip: While the most common reasons for applying for adjustment of status are having a relative or employment, you can also apply for a Green Card for other reasons. However, only a certain number of adjustments are made each year for other reasons. USCIS will not accept an adjustment application if there is no longer an adjustment quota for that reason. You can check the number of adjustments available on the USCIS website.
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Fill out an application for permanent resident status. If you are applying for a Green Card while living in the United States, you will need to complete Form I-485, Application for Permanent Resident Status or Adjustment of Status. The form asks questions about you, your reasons for applying for permanent resident status, your education, your job, and your criminal background. [12] X Trusted Source USA.GOV Go to Source
- You can download the application form and view the application instructions at https://www.uscis.gov/i-485.
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Collect supporting documents for Green Card application. Almost all claims you make on your application for permanent resident status must be backed by official records. The specific documents you need to provide will depend on the application category. [13] X Research Source
- If you are married to a U.S. citizen and apply for adjustment of status for that reason, you will need to provide a notarized copy of the marriage certificate.
- If you are applying for adjustment of status because of a full-time job in the US, you will need to provide proof of employment. Often this is a letter from your manager or supervisor confirming your work.
- Regardless of which category you’re applying under, you’ll need to provide financial records including a copy of your most recent tax return.
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File an application with USCIS. Once you’ve completed the application and gathered the required supporting documents, send it to the USCIS Lockbox for them to process, along with the filing fee. You’d better back up all your documents before sending them out. [14] X Trusted Source USA.GOV Go to Source
- The address to submit the application and supporting documents will depend on your Green Card status. Find the right address at https://www.uscis.gov/i-485-addresses.
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Go to your biometrics registration appointment. USCIS uses biometric data to verify your identity. Upon receipt of the application, USCIS will notify you of the date, time, and location of the appointment. Biometric enrollment appointments are made at the Application Support Center (ASC) near where you live. [15] X Trusted Source US Citizenship and Immigration Services Go to Source
- During this appointment, you will be fingerprinted and photographed. They also ask you to sign a statement that all information on the application is complete and correct to the best of your knowledge.
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Attend an interview with USCIS if necessary. In many cases, an interview with USCIS is not necessary for adjustment of status – especially if you have just attended a nonimmigrant visa interview. [16] X Trusted Source US Citizenship and Immigration Services Go to Source
- During the interview, USCIS staff will ask questions about the Green Card application and the reasons for applying for permanent resident status. Answer the questions completely and honestly. If you don’t understand or don’t know something, let them know so they can clarify or give you time to find the correct answer.
- If you are applying for permanent resident status because you are married to a U.S. citizen, your spouse is usually required to attend the interview as well. USCIS staff may interview individuals individually.
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Get a decision on your Green Card application. Typically, USCIS will provide written notice of the prior decision. If your application is approved, you will receive your Green Card a few weeks after receiving the decision notice. [17] X Trusted Source US Citizenship and Immigration Services Go to source
- If the application is denied, the notice will state the reason for the denial and indicate whether you can appeal the decision. The majority of refusal reasons do not allow an appeal. However, you can file a reconsideration request (ask another USCIS officer to review your Green Card application), or a petition to reopen the case (if you want to submit additional documents or information). aid).
Become a US citizen
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Live in the US as a lawful permanent resident. Before you are eligible to become a US citizen, you must have lived in the US as a permanent resident for at least 5 years. This period is reduced to 3 years if you are married to a US citizen or for other special circumstances such as joining the military. [18] X Trusted Source US Citizenship and Immigration Services Go to source
- Residency must be continuous, or the period will begin again. While you may be able to leave the US for short periods of time, you usually need a minimum of 30 months of continuous residency in the US.
- Even if you are already a permanent resident, remember to comply with applicable laws and local ordinances. Any violation may interfere with the application for naturalization.
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Apply for naturalization. After living in the United States for a specified period of time, you can apply to become a US citizen. Form N-400 is available on the USCIS website. [19] X Trusted Source US Citizenship and Immigration Services Go to source
- You have the right to live in the US forever if you are granted a Green Card. However, if you become a US citizen, you will have the right to vote and receive benefits like Social Security from the federal government.
- Fill out the application completely and accurately. Answer honestly, even if you think the truth might reduce your chances of becoming a citizen.
- Before beginning the application process, USCIS recommends that you read the Naturalization Guide. You can download this guide at https://www.uscis.gov/sites/default/files/files/article/M-476.pdf.
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File an application with USCIS. Once you have completed the application and have gathered the required supporting documentation, send it to the correct USCIS Lockbox facility along with the processing fee. [20] X Trusted Source US Citizenship and Immigration Services Go to Source
- The Naturalization Guide provides the addresses of lockbox facilities. Usually, this address will depend on where you live in the US, or the territory you live in.
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Attend a naturalization interview with USCIS staff. Once the application is processed, you will be notified of the date, time and location of the interview. The interview usually includes questions about your naturalization application, background, character, attachment, and allegiance to the United States and the U.S. Constitution. [21] X Trusted Source US Citizenship and Immigration Services Go to source
- Even though it’s an interview, your answers are considered sworn oaths. If the USCIS officer finds out that you have lied about anything, they will terminate the interview immediately and deny your application.
Tip: If your application is denied, you will receive a notice explaining why. You have the right to appeal the denial by asking an immigration officer to review it. If the immigration officer does not approve your application for naturalization, you can appeal the case to the US District Court. You will be required to pay the fees for all appeals, plus any court costs that may be incurred. If you decide to appeal, you should work with an immigration attorney to discuss solutions.
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Take the US citizenship test. The naturalization test consists of an English test and a civics test. For the English test, you must read, write and answer questions in English. The civics test consists of 10 questions about government and US history. You must answer at least 6 out of 10 questions correctly. [22] X Trusted Source US Citizenship and Immigration Services Go to source
- The civics test is selected from 100 questions. You can download these questions from the USCIS website if you want to study.
- You can also sign up for a preparatory course or use the naturalization test guidebook. These materials are freely available at most libraries. Universities and nonprofits near you can provide free study resources to help you prepare for the test.
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Attend the naturalization ceremony. If you pass the naturalization test, you will be invited to attend the naturalization ceremony and make the Oath of Allegiance. You will not be considered an official US citizen until you have taken the Oath. [23] X Trusted Source US Citizenship and Immigration Services Go to source
- The naturalization ceremony is an important event for most new citizens. However, if for some reason you are unable to attend, you have other options for taking the Oath. You can take the Oath after you finish the test if you want.
Advice
- An attorney specializing in immigration law can help you understand this process. If you have financial concerns, there are many immigration attorneys who can help low-income immigrants for no fee, or at a greatly reduced fee.
Warning
- The Green Card must be renewed every 10 years, or 2 years if you were granted a conditional Green Card. Visit the USCIS website to begin the renewal process at least 6 months before it expires, to give them time to review your application. [24] X Trusted Source US Citizenship and Immigration Services Go to source
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This article was co-written by David Katona. David Katona is an immigration attorney and founder of Katona & Associates PLLC in New York City. With more than 20 years of experience, he specializes in corporate immigration and underwriting green cards. He holds a law degree from the American University of Washington School of Law, a master’s degree in International Law from the American University School of International Services, and a bachelor’s degree in Economics from Wake Forest University. He was awarded the title of Outstanding Lawyer in Corporate Immigration by Super Lawyers in 2014, 2016 – 2022, and New Star in Corporate Immigration in 2011. His law firm was rated by Best Lawyers. Price is a first-class immigration law firm in New York City, and a national second-class for the period 2020 – 2023. David is a member of the American Immigration Lawyers Association (AILA) and the American Bar Association. New York City.
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There were over 44 million immigrants living in the United States in 2018. [1] X Source of Research If you are currently living outside the United States, your path will begin with applying for an immigrant visa and becoming a permanent resident. . Conversely, if you are in the United States, you can apply for permanent resident status through the “adjustment of status” process. [2] X Trusted Source USA.GOV Go to Source After living in the US as a permanent resident for 5 years or more, you are eligible for US citizenship. [3] X Trusted Source US Citizenship and Immigration Services Go to source
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