Overview

An immigrant is a person who comes to a country while planning to live and work there permanently. The steps required to immigrate to the United States can be very complicated. If you are planning to immigrate to the United States, or if there is an issue with your immigration case, you should immediately contact an attorney with experience in immigration law.

Eligibility

Under current law, the U.S. immigration system is based on a number of factors including family reunification, vital work skills, and capital investment. The U.S. also allows refugees to enter the United States, and has a lottery system to provide immigration status to people who do not fit the above categories. The immigration process will differ based on your situation and needs.

" Family Reunification. If you are immigrating to the United States to join a relative who is a citizen or legal resident, you must meet the eligibility requirements for permanent residence. Your relative must file the federal Form I-130, or "Petition for Alien Relative". They must also submit proof of family relationship and wait for government approval. Not all relatives are immediately eligible; you should consult with an immigration attorney about your situation.

Employment. Employment-based visas can be difficult to obtain. The potential immigrant must demonstrate eligibility under one of the five categories of employment-based immigration. The employer must take several steps, including:

1. Completing and submitting a labor certification request (Form ETA 9089) to the Department of     Labor.

2. Filing a Form I-140 or "Petition for Alien Worker", and waiting for government approval.

3. Possibly demonstrating that no American workers are available to fill the position.

Capital Investment. On rare occasions, foreign individuals who invest capital in the United States are made eligible for immigrant status. They must file Form I-526 or "Immigrant Petition by Alien Entrepreneur" and the investment must fulfill requirements regarding size, economic benefit, and job creation. There are complex regulations regarding this type of immigration, and there is therefore no reason to believe that these immigrants have "bought their way" into the United States.

Refugees. Individuals seeking refugee status must have suffered persecution or show fear of future persecution. This persecution can be due to race, religion, political beliefs, nationality, or other reasons defined by law. Refugees must also meet medical and security standards. It can be difficult to overcome political resistance and prove refugee status. An experienced attorney can help you to present the strongest possible argument.

Lottery. 110,000 applicants are chosen through the Diversity Visa Lottery Program every year. The State Department chooses these applicants from nations which have low immigration rates to the United States. The lottery is closed once 50,000 immigrants have received visas or the fiscal year ends. The lottery is not open to individuals from nations which sent more than 50,000 immigrants to the United States in the last five years.

Given the variety of paths to citizenship and the complicated nature of immigration law, the best way to pursue an immigration petition is to contact a lawyer with experience in immigration law before beginning the process.

DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you should consult an attorney for individual advice regarding your own situation.

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If you would like to schedule a initial consultation contact an Iowa immigration attorney, representing clients in Cedar Rapids, Iowa  at the Day Rettig Piffer, P.C.. Give us a call at (866) 472-3270 or email us at info@drpjlaw.com