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U.S. IMMIGRATION LAW MANUAL

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Immigration Law Manual

NOTE THIS PRODUCT PREVIEW FOR THE iKITTM HAS BEEN MODIFIED TO SHOW SELECTED PAGES AND DOES NOT REPRESENT THE

iKITTM IN ITS ENTIRETY. TM

THIS iKIT HAS 65 PAGES IN TOTAL, TOGETHER WITH LINKS TO ALL OF THE REQUIRED IMMIGRATION FORMS, STATUTES, AND REGULATIONS, AND CONTAINS LINEBY-LINE INSTRUCTIONS FOR COMPLETION OF ALL OF THE REQUIRED FORMS.

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Immigration Law Manual

TABLE OF CONTENTS IMMIGRANT VISAS AND PERMANENT RESIDENCY ........................................................................ 6 FAMILY PETITIONS ...................................................................................................................... 8 A.

FIRST CATEGORY – IMMEDIATE RELATIVES ................................................................................... 8 (1) (2) (3)

SECOND CATEGORY – PREFERENCE SYSTEM .................................................................................. 8 (1) (2) (3) (4)

Child ...................................................................................................................................................... 8 Spouse ....................................................................................................................................................8 Parent ..................................................................................................................................................... 8 Unmarried Sons & Daughters of US citizens ........................................................................................ 8 Spouses and Unmarried Sons & Daughters of Lawful Permanent Residents ........................................9 Married Sons & Daughters of US citizens ............................................................................................. 9 Brothers and Sisters of US citizens ........................................................................................................9

CHILD STATUS PROTECTION ACT .................................................................................................... 9

EMPLOYMENT BASED RESIDENCY AND OFFERS OF EMPLOYMENT........................................... 12 A.

PRIORITY WORKER ........................................................................................................................ 12 (1) (2) (3)

Aliens with Extraordinary Ability ....................................................................................................... 12 Aliens who are Outstanding Professors & Researchers ....................................................................... 12 Certain Multinational Executives and Managers ................................................................................. 12

ADVANCED DEGREE ...................................................................................................................... 13

SKILLED / PROFESSIONALS / UNSKILLED WORKERS...................................................................... 13

LABOR CERTIFICATION ........................................................................................................... 14

OTHER METHODS FOR PERMANENT RESIDENCE ........................................................................... 16 (1) (2) (3)

Religious Workers ............................................................................................................................... 16 Visa Lottery ......................................................................................................................................... 17 Registry ................................................................................................................................................ 17

PERMANENT RESIDENT INVESTORS ............................................................................................... 19

NONIMMIGRANT VISAS AND TEMPORARY STAYS ....................................................................... 22 B-1 VISITOR FOR BUSINESS AND THE B-2 VISITOR FOR PLEASURE .......................................... 23 F–1 STUDENT VISAS.................................................................................................................. 25 E–1 TREATY TRADER & E–2 TREATY INVESTOR VISAS ............................................................ 28 H-1B PROFESSIONAL VISAS ...................................................................................................... 30 L–1 VISAS FOR EXECUTIVES, MANAGERS AND THOSE WITH SPECIALIZED KNOWLEDGE ......... 33 K FIANCÉE & MARRIAGE VISAS ............................................................................................... 35 OTHER NONIMMIGRANT VISAS.................................................................................................. 36 A.

O–VISA – EXTRAORDINARY ABILITY VISAS ................................................................................. 36

P–VISA – INTERNATIONALLY KNOWN ATHLETES AND ENTERTAINERS ........................................ 37

VISA WAIVER PROGRAM ............................................................................................................. 39 CITIZENSHIP & NATURALIZATION .............................................................................................. 40 © 2000–2012, ImmigrationLinks.com, Inc.

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Immigration Law Manual

IMMIGRANT VISAS AND PERMANENT RESIDENCY Persons desiring to reside in the United States on a permanent basis will seek to obtain either an immigrant visa from a US consulate outside of the United States, or by applying for permanent residence through USCIS in the United States. Both the immigrant visa and permanent residence through adjustment of status in the United States provide the same benefit: the right to reside on a permanent basis in this country, and in both cases the individual receives an alien residence card, also known as a green card. A.

GENERAL OVERVIEW

The issuance of immigrant visas or permanent residence is governed by the Immigration & Nationality Act, which was passed by the Congress of the United States in 1952, and which has been amended or changed many times since. At the present time all aliens who wish to live permanently in the United States can be put into one of two categories, either non-quota or quota immigrants. There is no limit on the number of non-quota immigrants who can enter the United States each year. Non-quota immigrants are the immediate relatives of United States citizens, which mean the spouses, and unmarried children (under the age of 21), of US citizens, as well as parents of US citizens, as long as the child petitioning for the parent is at least 21 years of age. All other aliens coming to live in the United States permanently are known as quota immigrants, and there is a limit on the number of these persons who can become residents each year. Quota immigrants are divided into categories known as preferences. There are familybased preferences and employment-based preferences. B.

FAMILY–BASED PREFERENCES The family-based preferences are as follows: ► The family-based 1st preference is the unmarried sons and daughters of US citizens. These would be those who are unmarried and over the age of 21. ► The family-based 2nd preference is divided into two categories. Category 2A is the spouses and minor, unmarried, children of permanent residents. Category 2B is the adult, unmarried, sons and daughters of permanent residents. ► The family-based 3rd preference is the married sons and daughters of US citizens. ► The family-based 4th preference is the brothers and sisters of US citizens. The US citizen must be at least 21 years of age to file a petition for a brother or sister. ► Each of these preferences has a limit on the number of persons who can receive permanent residence each year, and each country of the world also has its own quota.

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Immigration Law Manual

FAMILY PETITIONS Permanent residence based on family relationships falls into two categories. The first is immediate relatives, for which there is no quota or waiting list. Immediate relatives include unmarried children under the age of 21, spouses, and parents of United States citizens. A.

FIRST CATEGORY – IMMEDIATE RELATIVES (1)

Child

A child may include a legitimate child; or a stepchild, as long as the relationship was created before the child's 18th birthday; or a child legitimated under the law of the child's residence or domicile, or under the law of the father's residence or domicile, as long as the legitimization took place before the child's 18th birthday; or an illegitimate child where the benefit is sought by virtue of the relationship with the natural mother, or the natural father if the father has or had a bona-fide parent child relationship with the person; or a child adopted while under the age of 16 years if the child has been in the legal custody of, and has resided with, the adopting parent for at least 2 years; or a child who is an orphan because of the death, disappearance, abandonment, or desertion by both parents, or where the sole surviving parent is incapable of caring for the child, and the child is under the age of 16. (2)

Spouse

To file for a spouse, the marriage must be valid under the laws of the country where it was performed and must not be against public policy. A fraudulent or sham marriage that is entered into for the primary purpose of circumventing the immigration laws does not enable an alien's spouse to obtain immigration benefits. However, where the marriage was valid at its inception, a petition can be approved even if the parties are not residing together at the time of the interview. (3)

Parent To file for a parent, the US citizen petitioner must be at least 21 years of

age. B.

SECOND CATEGORY – PREFERENCE SYSTEM

Other types of family petitions fall under the preference system. There is a limit on the number of persons who can receive permanent residence each year in these categories and, for this reason, the waiting list is often many years long. (1)

Unmarried Sons & Daughters of US citizens

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Immigration Law Manual

CONCLUSION The immigration laws of the United States are very complex, but by using this Immigration Law Manual, following the instructions, paying attention to the questions asked on the forms, and by using just a few good research tools (such as our complete immigration law web site, containing thousands of references to free immigration resources), you should be able to easily and accurately prepare any type of immigration petition or application. Likewise, if you feel that you need additional information or guidance with your immigration case, we strongly recommend that you consider purchasing one of our excellent immigration law do-it-yourself iKits, or schedule an appointment with one of our immigration law attorneys. Our immigration iKits, as well as our attorney consultations, are extremely low priced and will give you the assurance you need to file your own immigration case. Our company was established in order to help you, the individual, prepare a complete and accurate immigration petition or application with the least amount of effort and at a minimal cost. We hope you enjoy our web resources and that we can help you achieve your immigration goal.

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