Federal Government Services

How do I immigrate to the U.S.?
The United States government gives permission for people to enter the country for a variety of purposes. Nationals of other countries may be given permission to come to the United States for a limited period of time to study, work or just to visit, in the form of a nonimmigrant visa (business/tourism/student/medical care/etc). Permission to remain in the United States permanently, in the form of an immigrant visa (permanent legal resident status), may be given because of family relationships or employment. The individual is then eligible to apply to become a permanent resident of the United States.

Because every case is different, in order to determine if you qualify for a particular visa, it is important to discuss your case with an immigration services professional. Please see the section below on resources for this kind of assistance.

Where do I go for help?
The U.S. Citizenship and Immigration Service (USCIS) states that all applications can be completed within a reasonable period of time. Specific instructions are provided on the forms and on the USCIS website (www.uscis.gov). However, many cases are complicated, and a consultation is highly recommended. Most immigration attorneys will provide a free initial consultation or a consultation for a minimal fee. We have various resources to assist in answering your immigration questions, whether about temporary or permanent immigration to the United States.

Organizations that Can Help You

The United States Citizenship and Immigration Service
At this website you can find all the information pertaining to the Citizenship and Immigration Service, forms and employment base information. www.uscis.gov

Nonimmigrant Visas

Where are visas issued?
Visas are issued at American consulates in other countries. They may be issued as the result of an application made to the U.S. Citizenship and Immigration Service in the United States by a relative or employer; or as the result of an application made to the consulate itself by the individual seeking the visa. For many of the nonimmigrant visas, immediate family members will qualify for a "derivative" visa, based on their relationship to the primary visa holder. However, each family member must apply for and be granted the derivative visa on his/her own; she or he may not enter the United States based on the visa in the family member's passport. A nonimmigrant visa may be issued for a very brief period of a few weeks, to coincide with the applicant's travel plans, or for many years, depending on the type of visa. Although a visa may be valid for several years and may be used for repeated admissions, the visa itself does not guarantee admission to the United States. It is necessary to apply for admission each time that you want to enter the country. A visa that is valid for a shorter period of time may specify that it is valid for only one admission. It is important to remember that a visa itself does not guarantee admission to the United States. Every time an individual arrives for inspection and admission - that is, arrives at the border of the United States - it is possible that the admission will be refused.

Admission may be refused on any of a number of grounds, but the most likely reason is that, although the individual seeks admission as a nonimmigrant, the inspecting officer believes that the individual intends to remain in the United States permanently.

It is also important to distinguish between how long the visa is valid and the length of the authorized stay in the United States - they are different. A visa is a ticket into the United States, which is presented when the visa holder comes to the border of the United States. Upon inspection by an immigration officer, a determination is made by that officer as to the length of time the visa holder may stay in the United States. This will depend on the type of visa and on the statements of the visa holder. When a person is inspected and admitted, she will be issued an I-94 card, which indicates when the visit will end, and a stamp will usually be placed in the passport, indicating the date of admission.

Once a person has been admitted to the United States as a nonimmigrant, it may be possible for him/her to extend his/her authorized stay in that visa status or to change to a different nonimmigrant visa status. There are a variety of restrictions for each type of change or extension. In order to make such a change or extension, an application must be made to the U.S. Citizenship and Immigration Service regional service center having jurisdiction over the applicant's place of residence in the United States.

Visitors for Business and for Pleasure - B-1/B-2 Visas
B visas are issued for people who wish to visit the United States for relatively short periods of time. A B-1 visa is generally issued for the purpose of conducting business, such as attending a meeting or a conference. Please note that this visa does not authorize employment by a United States employer. A B-2 visa is known as a tourist visa, and it is issued for vacations or recreational visits.

The immigration regulations currently permit admission on a B visa for a maximum of six months. However, because of heightened security concerns, B visitors are now asked about the intended length of their visit, and they may be limited to a shorter stay. An extension of the authorized period of stay, up to six additional months, may be applied for in the United States through the Citizenship and Immigration Service.

Visa Waiver Program
Travelers from certain eligible countries may also be able to visit the U.S. without a visa, through the Visa Waiver Program. Read more about how to participate in the Visa Waiver Program on the U.S. Customs and Border Protection (CBP) website (www.CBP.gov). More helpful information on the Visa Waiver program is found on the State Department Visa Services website (www.state.gov)

Like admissions with a visa, there are restrictions and qualifications for entering the United States on the Visa Waiver Program. It is not possible to change from or to obtain an extension of this nonimmigrant status. If an alien violates the terms of this type of admission, the Citizenship and Immigration Service may order immediate removal: and there is no right of appeal.

Students - F, M and J Visas
Visas are available to students who are enrolled as full-time students in an "academic" educational program, a language-training program, or a vocational program at a school approved by the U.S. Citizenship and Immigration Service. When applying for a student visa at the consulate, the student must demonstrate that he/she has sufficient funds available for self-support during the entire proposed course of study and that he/she has a residence in her home country to which he/she intends to return.

The F-1 student visa category includes academic students in colleges, universities, other academic institutions, and in language training. The M-1 student visa category includes vocational students. The J visa exchange visitor program includes students at all academic levels, as well as others coming for the purpose of conducting research, receiving training, or demonstrating specialized knowledge or skills. J visa exchange visitors often have a condition upon their admission, in that there is a requirement that they return to their home country for a period of two years before they may change to another nonimmigrant visa status or become permanent residents.

Workers - E, H, L, O, P and R Visas
Employers who wish to employ foreign workers to perform services or labor on a temporary basis must file for a visa for that employee. There are several kinds of working visas (E, H, L, O, P, and R), and which visa is appropriate depends on the type of work to be performed and the training or experience necessary to do the work. Work authorization for foreign workers is limited to employment with the employer for whom the petition was approved

Immigrant Visas and Lawful Permanent Resident Status (a green card)

Overview
Except in the case of a refugee or an individual granted political asylum in the United States, an immigrant visa must be approved before a foreign national can become a permanent resident of the United States. There are two primary ways an immigrant visa can be granted: through the petition of a close family member, and through the petition of an employer. These petitions can be filed for people already in the United States, or people in other countries.

Not all approved immigrant visa petitions entitle the beneficiary (that is, the individual on whose behalf the petition was made) to apply to become a permanent resident immediately. There are a limited number of immigrant visas available each year for each category, depending on the relationship of the beneficiary to the petitioner or the type of job the beneficiary will perform for the petitioning employer. In some of the visa categories, there is a substantial backlog of previously approved visa petitions. An immigrant visa petition maintains its place in the backlog based on the date it was filed, or its "priority date."

Where are Visas issued?
Visas are issued at American consulates in other countries. They may be issued as the result of an application made to the U.S. Citizenship and Immigration Service in the United States by a relative or employer; or as the result of an application made to the consulate itself by the individual seeking the visa. For many of the nonimmigrant visas, immediate family members will qualify for a "derivative" visa, based on their relationship to the primary visa holder. However, each family member must apply for and be granted the derivative visa on his/her own; he/she may not enter the United States based on the visa in the family member's passport. A nonimmigrant visa may be issued for a very brief period of a few weeks, to coincide with the applicant's travel plans, or for many years, depending on the type of visa.

Foreign Consulates in the U.S. and U.S. Consulates abroad http://www.state.gov

Visa Types for Immigrants

In general, in order to be eligible to apply for an immigrant visa, a foreign citizen must be sponsored by a U.S. citizen relative(s) or by a prospective employer. Unlike most other immigrant categories, Immediate Relatives are not subject to numerical limits under immigration law. For an overview of the types of immigrant visas available under immigration law, please see Immigrant Visa Classifications on the USCIS Website. Major immigrant categories are:
• Immediate Relatives
• Special Immigrants
• Family-sponsored
• Employer-sponsored

Additionally the Diversity Visa Program provides a certain number of permanent resident visas annually. These visas are drawn from countries with low rates of immigration to the U.S. For information specific to each visa type, please click on the links below.

Family Immigration
Adopting a Child
Marriage to a Foreign National
Diversity Visa Program
Employment Visa
Employment: Iraqi or Afghan translators/interpreters
Employment: Iraqis - Worked for/on behalf of US Government
Employment: Religious Workers

Immigration through Employment (USCIS.gov)

Overview
An immigrant is a foreign national who has been authorized to live and work permanently in the United States. If you want to become an immigrant based on the fact that you have a permanent employment opportunity in the United States, or if you are an employer that wants to sponsor someone for lawful permanent residency based on permanent employment in the United States, you must go through a multi-step process.
• First, foreign nationals and employers must determine if the foreign national is eligible for lawful permanent residency under one of USCIS' paths to lawful permanent residency.
• Second, most employment categories require that the U.S. employer complete a labor certification request (Form ETA 750) for the applicant, and submit it to the Department of Labor's Employment and Training Administration. Labor must either grant or deny the certification request. Qualified alien physicians who will practice medicine in an area of the United States which has been certified as underserved by the U.S. Department of Health and Human Services are relieved from this requirement.
• Third, USCIS must approve an immigrant visa petition, Form I-140, Petition for Alien Worker, for the person wishing to immigrate to the United States. The employer wishing to bring the applicant to the United States to work permanently files this petition. However, if a Department of Labor certification is needed the application can only be filed after the certification is granted. The employer acts as the sponsor (or petitioner) for the applicant (or beneficiary) who wants to live and work on a permanent basis in the United States.
• Fourth, the State Department must give the applicant an immigrant visa number, even if the applicant is already in the United States. When the applicant receives an immigrant visa number, it means that an immigrant visa has been assigned to the applicant. You can check the status of a visa number in the Department of State's Visa Bulletin.
• Fifth, if the applicant is already in the United States, he or she must apply to adjust to permanent resident status after a visa number becomes available. If the applicant is outside the United States when an immigrant visa number becomes available, he or she will be notified and must complete the process at his or her local U.S. consulate office.

Eligibility
There are four categories for granting permanent residence to foreign nationals based upon employment:

EB-1 Priority workers
• Foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics
• Foreign national that are outstanding professors or researchers
• Foreign nationals that are managers and executives subject to international transfer to the United States

EB-2 Professionals with advanced degrees or persons with exceptional ability
• Foreign nationals of exceptional ability in the sciences, arts or business
• Foreign nationals that are advanced degree professionals
• Qualified alien physicians who will practice medicine in an area of the U.S. which is underserved. Read more about this particular program.

EB-3 Skilled or professional workers
• Foreign national professionals with bachelor's degrees (not qualifying for a higher preference category)
• Foreign national skilled workers (minimum two years training and experience)
• Foreign national unskilled workers

EB-4 Special Immigrants
• Foreign national religious workers
• Employees and former employees of the U.S. Government abroad

How to Apply
If you are an employer wishing to sponsor (or petition) for a foreign national to work in the United States on a permanent basis, you must file Form I-140, Petition for Alien Worker. Detailed information is provided in the instructions for Form I-140. Filing requirements differ for each of the five categories.

The Department of State is responsible for providing visa numbers to foreign nationals interested in immigrating to the United States. To find out more about the Department of State's visa process visit the Department of State website for specific information on how to get an immigrant visa number.

To check the status of a visa number you can review the Department of State's visa bulletin.

Where do I apply?
If you are an employer wishing to sponsor (or petition) a foreign national to work in the United States, a Form I-140, Petition for Alien Worker must be filed at the USCIS Service Center. Detailed filing information is provided in the instructions for Form I-140.

For EB-4 special workers, the foreign national or employer must file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with the CIS Service Center. Detailed filing information is provided in the instructions for Form I-360.

Immigration through a Family Member

Overview and Process
A lawful permanent resident is a foreign national who has been granted the privilege of permanently living and working in the United States. If you want to become a lawful permanent resident based on the fact that you have a relative who is a citizen of the United States, or a relative who is a lawful permanent resident, you must go through a multi-step process.

1. The USCIS must approve an immigrant visa petition, I-130 Petition for Alien Relative, for you. This petition is filed by your relative (sponsor) and must be accompanied by proof of your relationship to the requesting relative.
2. The Deparment of State must determine if an immigrant visa number is immediately available to you, the foreign national, even if you are already in the United States. When an immigrant visa number is available, it means you can apply to have one of the immigrant visa numbers assigned to you. You can check the status of a visa number in the Department of State's Visa Bulletin.
3. If you are already in the United States, you may apply to change your status to that of a lawful permanent resident after a visa number becomes available to you. This is one way you can apply to secure an immigrant visa number. If you are outside the United States when an immigrant visa number becomes available, you must then go to the U.S. consulate servicing the area in which you reside to complete your processing. This is the other way to secure an immigrant visa number.

Eligibility
In order for a relative to sponsor you to immigrate to the United States, they must meet the following criteria:
• They must be a citizen or lawful permanent resident of the U.S. and be able to provide documentation providing that status.
• They must prove that they can support you at 125% above the mandated poverty line, by filling out an Affidavit of Support The relatives which may be sponsored as an immigrant vary depending on whether the sponsor is a U.S. Citizen or a lawful permanent resident.
• If the sponsor is a U.S. Citizen, they may petition for the following foreign national relatives to immigrate to the U.S:
• Husband or wife
• Unmarried child under 21 years of age
• Unmarried son or daughter over 21
• Married son or daughter of any age
• Brother or sister, if the sponsor is at least 21 years old, or
• Parent, if the sponsor is at least 21 years old.
• If the sponsor is a lawful permanent resident, they may petition for the following foreign national relatives to immigrate to the U.S.:
• Husband or wife, or
• Unmarried son or daughter of any age.
In any case, the sponsor must be able to provide proof of the relationship.

Preference Categories
If you wish to immigrate as a relative of a U.S. Citizen or lawful permanent resident, you must obtain an immigrant visa number based on the preference category in which you fall.

People who want to become immigrants are classified into categories based on a preference system. The immediate relatives of U.S. citizens, which includes parents, spouses and unmarried children under the age of 21, do not have to wait for an immigrant visa number to become available once the visa petition filed for them is approved by USCIS. An immigrant visa number will become immediately available. The relatives in the remaining categories must wait for an immigrant visa number to become available according to the following preferences:

• First preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.
• Second Preference: Spouses of lawful permanent residents, their unmarried children (under twenty-one), and the unmarried sons and daughters of lawful permanent residents.
• Third Preference: Married sons and daughters of U.S. Citizens.
• Fourth Preference: Brothers and sisters of adult U.S. Citizens.

Once USCIS receives your visa petition (Form I-130, Petition for Alien Relative), it will be approved or denied. USCIS notifies the person who filed the visa petition of the petition was approved. USCIS will then send the approved visa petition to the Department of State's National Visa Center, where it will remain until an immigrant visa number is available. The Center will notify the foreign national when the visa petition is received and again when an immigrant visa number is available. You do not need to contact the National Visa Center, unless you change your address or there is a change in your personal situation, or that of your sponsor, that may affect eligibility for an immigrant visa, such as reaching age 21, marriage, divorce, or death of a spouse.

Admission to Lawful Permanent Resident Status under the “Registry” Provision of the Immigration and Nationality Act

Background
If you have been present in the United States since January 1, 1972, you may be eligible for the “registry” provisions of our immigration laws which would allow you to obtain lawful permanent residence even if you are illegally in the United States now, or if you initially entered the U.S. illegally.

Who Is Eligible?
You are eligible to apply for permanent residence based on 8 CFR 1259 if you:
• Entered the United States prior to January 1, 1972;
• Have continuously resided in the United States since entry;
• Are a person of good moral character;
• Are neither ineligible for citizenship, except for the requirement of five years of lawful permanent residence, nor inadmissible for participation in terrorist activities, certain criminal or security grounds, or for alien smuggling;
• Never participated in Nazi persecutions or genocide;
Note: Any alien who has at any time engaged in terrorist activities is ineligible for registry. Further, any alien who fails to appear at a removal hearing, or who fails to depart after agreeing to voluntary departure, is ineligible for registry for a period of ten years.

How Do I Apply?
You must submit a completed Form I-485 with filing fee, and a completed Form G-325A with evidence that you have continuously resided in the United States prior to January 1, 1972, to the USCIS district office having jurisdiction over the place in which you live. You must establish that you are eligible and that registry should be granted in the exercise of discretion. There is no appeal from the decision of the District Director but your application may be renewed in front of an Immigration Judge.

Immigration Through Investment

Overview
Under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise.

How do I ...Seek Status as an Immigrant Investor

In order to seek status as an immigrant investor, you must file CIS Form I-526, Immigrant Petition by Alien Entrepreneur. The Form I-526 must be filed with supporting documentation which clearly demonstrates that the individual’s investment meets all requirements, such as:
• establishing a new commercial enterprise,
• investing the requisite capital amount,
• proving the investment comes from a lawful source of funds,
• creating the requisite number of jobs,
• demonstrating that the investor is actively participating in the business; and, where applicable,
• creating employment within a targeted employment area.

The U.S. Citizenship and Immigration Service in Denver, CO

These two offices only offer follow-up services once applications have been submitted on-line or by mail.
Citizenship and Immigration Services, Denver Office: 4730 Paris Street Denver, CO 80239. ( By appointment)
Citizenship and Immigration Services Application Support Center: 15037 East Colfax Avenue Unit G Aurora, CO 80011-5777. (By appointment only)

Another source of comprehensive information on visa procedures:
Welcome to UnitedStatesVisas.gov, an official source of information about U.S. visa policy and procedures. Use this site to learn about the visa application process, understand current requirements, and get updates on recent developments.