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How immigration system works?

How immigration system works

The United States is commonly accrediting to as a nation of immigrants. In the 17th century to Ellis Island and the Statue of Liberty in the 20th, the America has many symbols of its strong immigrant tradition. United states of has given a promise to his immigrants the - justice, freedom, equal opportunity and the pursuit of happiness. United states have an idea because of his diversity, tolerance and multiculturalism. United States has systems that admit, process and accommodate forei­gn immigrants to as citizens.  If we think about last hundred years back our friends, neighbors and co-workers may be immigrants. ­­

But despite this immigration remains a controversial­ subject in America. The questions arise about “who” and “how many” should be allowed into the country to immigrants. Some American citizens thought should be closed to almost all immigrants, but another believes in a completely open society.

United states of America’s immigration code are very complex, there is number of confusions as to how it works. INA the Immigration and Naturalization Act is the body of law governing current immigration policy. under these 675,000 permanent immigrants are allowed as a permanent immigrant, with certain exceptions for close family members.

Lawful permanent residency provides a foreign national to work and live lawfully and permanently in the United States. Lawful permanent residents are eligible for applying all jobs   i.e., jobs not legitimately restricted to U.S. citizens and live in USA if they are unemployed.

Every year the United States also admits noncitizens on a temporary basis. The President of America and congress Annually, determine a separate number for refugee admissions. Immigration of the United States is based upon the following principles:

  • The reunification of families
  • Admitting immigrants with skills
  • Protecting refugees, and promoting diversity etc.

Let's discuss about how the U.S. legal immigration system is designed:

if you want to go to abroad this article are useful for you to know how to get citizenship.

  • Family-Based Immigration
  • Family based visa is an important principle governing immigration policy. The family-based immigration system allows U.S. citizens and LPRs to bring certain family members to the United States.  Family-based immigrants are allowed to enter in USA either as immediate relatives of U.S. citizens or through the family preference system.
  • Under the immediate relatives’ category immigrants must meet certain age and financial requirements. Immediate relatives are:
  • Spouses of U.S. citizens;
  • Unmarried minor children of U.S. citizens (under 21-years-old)
  • Parents of U.S. citizens (petitioner must be at least under 21-years-old)
  • Every year US government gives a limited number of visas under the family preference system, but prospective immigrants is another way to eligible for US citizens petitioners must meet certain age and financial requirements. The preference system includes:
  • Adult children (married and unmarried) and brothers and sisters of U.S. citizens
  • Petitioner must be at least 21-years-old to petition for a sibling, and
  • Spouses and unmarried children of LPRs.

Family based immigrants is the main part of US immigration system, but   Congress established a complicated system for calculating the available number of family preference visas for any given year. The number is starting with 480,000 and the number of immediate relative visas issued during the previous year is to be determined. In the preference immigrant any unused employment is added to this sum to establish the number of visas that remain for allocation. However, the number of family-based visas allocated through the preference system may not be lower than 226,000. So, by including family-based immigrants and preference immigrants the total number of family-based visas often exceeds 480,000.

Employment-Based Immigration

Employment is the second and prominent part of US immigration system. for this purpose, the employer must submit a labor certification request to the Department of Labor. When the certification request is granted, the employer must file a Petition for Alien Worker for this he must considered by the USCIS.  If the petition is approved, the applicant can be eligible for the US visa number from the State Department. If the applicant live in USA must apply to adjust to permanent resident status. And if he lives outside she must go to a U.S. consulate to finish the process. For detailed information visit USCIS Website

Foreign nationals are applying for work visas ranked in several categories:

  • EB-1 Priority Workers
  • EB-2 Professionals with advanced degrees
  • EB-3 Skilled or professional workers
  • EB-4 Special Immigrants etc.
  •  

Immigration through Investment

Through investment each year 10,000 investor visas are made available, in these 10,000 visas 5,000 of them for a pilot program run through USCIS-designated “Regional Centers.”   A Regional Center is an association approved by the USCIS, that focuses on a geographical area. They work for:

  • Economic growth through increased export sales
  • Improved regional productivity,
  • Creation of new jobs,
  • Increased domestic capital investment”.

To get a visa through this program applicant has to prove that he is making an investment in a commercial venture and has to approved Regional Center and that 10 to 20 jobs will be created directly or indirectly by the project.

 

An applicant can also get a visa by starting a business or create a new commercial venture. He can expand his business by 140 percent or retains all jobs in an existing business that was experiencing financial troubles. By investing:

  • $500,000 in a rural area and
  • $1,000,000 in some other venture applicant can eligible to get visa.
  • Long Term Benefits of Immigration through Investment:
  • No future requalification.
  • Pursue educational opportunities within the United States.
  • Live, work, travel anywhere within the United States.
  • Provides a path to U.S. Citizenship.
  • Per-Country Ceilings

Per-country ceiling means an additional numerical limitation placed on permanent immigration in order to prevent any one country from taking too large of a share of the visas.

INA has set a limit on how many immigrants can come to the United States from any one country. Currently, no group of permanent immigrants (family-based and employment-based) can’t exceed 7% of the total amount of people immigrating to the United States in a single financial year.

Asylees and Refugees  

US government provides a Protection to Refugees, Asylees, and other Vulnerable Populations. U.S government allow people to live in USA who are unable to return to their homeland due to life-threatening or extraordinary conditions.  U.S immigration allow both refugees and Asylees live in USA in order to any extraordinary conditions. The question is what the difference between refugee and asylee.  The main difference between refugees and asylees is refugees apply for entry to the U.S. from abroad, and asylees are already in the U.S.

Asylees is already live in USA who are seeking protection based on the same five protected grounds upon which refugees want. They may eligible for entry at the time they seek admission one year of arriving in the United States.  USA immigration can’t set a limit on the number of individuals who may be granted asylum in a given year get LPRs. In 2014, 23,534 individuals were granted asylum.

Refugees are admitted to the United States based upon an inability to return to their home countries in order to extraordinary condition. If he has “well-founded fear of persecution”. under well-founded fear of persecution involved- if the applicant belongs to membership in a particular social group, political opinion, religion, or national origin. Refugees apply for admission in USA if he has fleeing persecution or unsafe in his home country. The President of the United States and Congress determine the factors of persecution. There are numerous of factors considered like degree of risk they face, membership in a group etc.

Every year the president of USA consults with Congress and determines the numerical ceiling for refugee admissions. Per ceiling limit has been set for every country in the world. On Annually basis the admission of refugees has steadily increased.

Both Refugees and asylees are eligible to become LPRs one year after admission to the United States as a refugee or one year after receiving asylum.

The Border

The U.S. Customs and Border Protection (CBP) has policed the United States borders. The main motive of CBP is guards against the illegal immigration, weapons and drugs, smuggling of people, and insects that could damage agriculture. CBP guards more than 6,000 miles of land borders and 2,000 miles of coastal water. CBP allows an average of 1.2 million people to legally enter the United States every day.

USA has very tight security on its border then why are we always hearing about “broken borders”? Well USA has an extremely long area of border and to cover every inch of the border is impossible. Thousands of people try to enter in USA illegally every year about 500,000. It has a threat for America including terrorism.

U.S. Citizenship

Family based immigration, by investment, per celling country are the way or a part of USA immigration policy. By using this you have eligible for USA citizenship. An applicant must qualify for U.S. citizenship through naturalization, if they have LPR status (a green card) for at least five years or more. If the applicant obtained the green card through a U.S.-citizen spouse, they have eligible for USA citizenship. There are other exceptions including, like if applicant is members of the U.S. military, Applicants for U.S. citizenship must be at least 18-years-old, and has “good moral character,” and pass English and U.S. history and civics exams must eligible for USA citizenship.

So, immigration is the international movement coming of people into a country in order to live and work there. Immigration is an act or instance of immigrating. Hope this post helps to understand the immigration process. for information feel free contact us:

 


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