Mark A Ivener, A Law Corporation

What Are The Different Types of Legal Immigration?


There are four different types. There are family-based immigration, employment-based immigration, investment-based immigration and humanitarian-based immigration.

What Factors Are Considered By US Citizenship And Immigration Services When Granting An Individual Immigration Status?

It really depends on which category they are pursuing. In our firm, we primarily deal with employment-based and also family based immigration. They each have their separate legal requirements that have been put together by Congress. Family-based immigration is based on several different categories. You have your immediate relatives and then what’s called preference categories, depending on how close the relative is. Employment-based immigration is generally derived from a job offer.

There are different categories with employment-based immigration. Some of the categories of employment based immigration are best and the brightest people, who have extraordinary abilities; people who are multinational executives and other employees, most of whom have highly specialized skills. Investment-based immigration involves what’s called EB-5.

What Is The First Step Someone Needs To Take To Begin The Immigration Process?

It depends on which category we are talking about. Our firm primarily deals with employment-based immigration. Generally, we work with employers, so the first step is for a potential employee to find a way to come into the United States on a long-term or non-immigrant visa. For example, if a person is short-listed as a new hire, generally, the employer can’t wait for them several years until they get their green card, so the company will initiate the process to get them a temporary work visa, like an L-1 or H-1. This is the first step: getting a temporary work visa.

What Happens After Someone’s Petition Is Approved?

There are typically two steps. The first step is the petition, and then the second step is securing an immigrant visa or a non-immigrant visa, either through a change of status for a non-immigrant visa or a process called the Adjustment of status in the case of someone who is applying for a green card.

What Documents Should Someone Have To Apply For Employment-Based Immigration Status?

That would vary greatly depending upon the type of status being applied for. All individuals should prepare a detailed complete resume when meeting with an immigration attorney.

Does Everyone Have To Go Through An Interview?

Yes, for anybody to get a visa to enter the United States, they have to have an interview at the US consulate. There are a few exceptions for young children, but other than that, everybody has to go through the process.

What’s Going To Happen After The Interview?

After the interview, if somebody is applying at a consulate, it usually takes about a week to get their passport back. Then they can enter the United States. There is some processing at the airport that requires answering a few more questions before entering the US on a visa.

What Documentation Does Someone Receive After Being Approved For Immigration?

If somebody is approved by the US consulate, they get a visa. When they enter the United States, they go through an inspection process and will receive an I-94. This used to be a piece of cardboard that was stapled to the passport; nowadays it’s a document that’s uploaded online, and the person prints it out. When they go to work, they need to present their passport with their I-94. That’s also what they need to get a Social Security card.

For more information on Different Types Of Immigration, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (310) 477-3000 today.

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