Every year thousands of people apply to immigrate to America. After President Trump’s victory in the elections, a lot of confusion regarding the complex immigration laws in USA emerged. This article aims to simplify the legal procedure involved in immigrating permanently to the USA from India. Currently, the Immigration and Naturalization Service (INS) of the US has been created to enforce the US immigration law i.e. the Immigration and Naturalization Act (INA). The Act allows for an annual granting of 6,75,000 permanent immigrant visas to applicants from around the world.
Before understanding the legal procedure, an applicant must be sure of having a considerable amount of cash that will be utilised in the application process, flight tickets, accommodation, miscellaneous expenditure etc. Immigrating to the USA does not come cheap given the rate at which US Dollar stands against Indian Rupee.
There are certain options available to an applicant of US immigration. These options cater to different reasons for which an applicant wants to immigrate. Each option has specific eligibility criteria. Immigration status is primarily granted for the purpose of reuniting family members, protecting refugees, and acquiring highly skilled human resources.
- Family Visa: Family member who is a spouse of a US citizen, children of a US citizen, and the parents of a US citizen are preferred. US citizens sponsoring relatives to seek immigration visas must be at least 21 years of age and establish that either the sponsors or the immigrants have sufficient financial means to support themselves when they enter the country.
- Employment Visa: There are several dozen forms of temporary employment visas and five categories of permanent employment visas. H1B visa is the most common visa used to apply for immigration. Employers sponsor the majority of temporary employment visas, specifying both job description and duration of employment. Permanent visas are only granted to applicants bearing exceptional skills or degrees; skills for industries with worker shortages; special needs for religious purposes; and investors of $50,000 or more who will employ 10 or more full-time US citizens. Individuals coming to America for employment can demonstrate their financial independence based on the salaries offered by their sponsors.
- Asylum Status: Individuals who fled their home countries to avoid punishment or suffering or fear of punishment or suffering in connection with their caste, culture, political opinion, etc., can apply for refugee status through a US Embassy situated outside their home country if they’ve not crossed the border of the USA. Individuals already residing in the USA can apply for Asylum status through the United States Citizenship and Immigration Services.
Employing illegal methods to immigrate to the USA from India can land you in some serious legal trouble. Entering the country illegally invite penalties and grave consequences which can result in imprisonment for 2 years. Therefore, it is in an applicant’s best interest to hire an experienced immigration lawyer who shall provide reliable advice for all immigration related queries.