By Lisa E. Battan Immigration lawyers help businesses, families and individuals obtain immigration documents which allow foreign nationals to live and work in the United States legally. Many of the benefits of living in the United States are only available to those who have a proper visa, permanent residence (also known as a green card) or U.S. citizenship. These benefits include obtaining a social security number, applying for a driver’s license, opening a bank account, securing a good job, receiving public benefits and traveling in and out of the United States. Foreign nationals can be lawfully present in the United States in non-immigrant or immigrant status. Non-Immigrant Status Non-immigrant status allows a foreign national to remain in the United States for a defined period of time and for certain defined purposes. Non-immigrants with permission
to work in the United States are either sponsored by a U.S. employer based on a specific job offer and must work only for that employer, or have work permission for specific objectives. Laws limit some work-authorized categories by annual levels and some visas have a minimum wage requirement. There are many categories of non immigrant status; among the most common are visitors, students, seasonal workers, professional workers, multinational managers and transferees, professional Battan athletes, entertainers and entrepreneurs. Each type of work visa has specific requirements which must be met by both the employer and the employee. Work visas are not available for all types of work – only those that fit particular criteria. Because it can take many months to arrange a work visa, employers and employees should start the legal immigration process well in advance of when the worker is needed in the United States. Immigrant Status Immigrant status allows a foreign national to reside permanently in the United States, as long as that person does not violate his/her status. Permanent resident status is commonly referred to as a green card, but it is not truly permanent. Permanent residence status can be revoked or abandoned. Most foreign nationals gain permanent residence status through a family relationship. This means that the foreign national is sponsored by his or her U.S. citizen or permanent residence fiance, spouse, adult child (older than 21 years of age), parent or sibling. Some foreign nationals wait many years to immigrate to the United States based upon a family relationship. Some foreign national gain their permanent residence through an employment relationship. And a small percentage of foreign nationals gain their permanent residence through asylum and refugee programs. U.S. Citizenship A foreign national must hold permanent residence for a certain number of years and meet a number of criteria, before the person can apply for U.S. citizenship. Once a person
Immigration
U.S. Immigration Law
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