1. Do I need to hire a lawyer in order to obtain an H-1B visa?
Ans. Yes, It is always recommended
2. What are the different ways to come to and stay permanently (obtain a Green Card) in the United States?
Ans. There are several ways:
Family Based
through petition of certain close categories of relatives.
Employment Based
requires job offer and petition by U.S. employer
Asylum/Refugee Application –
by proving past or well founded fear of future persecution by the government of the native country or country of last residence or by group of people that the government is unable or unwilling to control.
Employment Creation
by investing $1,000,000 (one million U.S. dollars) in the U.S. economy and creating positions for 10 (ten) U.S. workers. For certain designated underdeveloped areas, the required investment is $500,000 (five hundred thousand U.S. dollars).
Self-petitioning
if you possess extraordinary or exceptional abilities in the sciences, business, arts, or athletics (also education for the extraordinary-ability category) as evidenced by sustained national or international acclaim and extensive documentation.
In case you are in removal proceedings (formerly known as deportation or exclusion) you may obtain Green Card through different Waivers, or Cancellation of Removal, or other special procedures created for certain categories of aliens. Most such procedures require certain period of residence in the U.S. and close relatives who are U.S. citizens or permanent residents.
Diversity Visa Lottery
every year the Department of State administers a lottery by way of which fifty thousand lucky winners obtain the right to apply for a Green Card. To enter the lottery, you must file a simple entry form and submit during a particular short period of time (usually in October). The Department of State posts instructions on eligible countries, entry form, and time of filing. The drawing is random. Do not trust companies claiming to guarantee winning.
3. What family members can sponsor me for a Green Card? How long will it take for me to obtain a Green Card through family sponsorship?
Ans.
Depending on the closeness of the relationship, there are five groups of relatives that may sponsor you:
Immediate relatives
- your U.S. citizen spouse;
- your U.S. citizen parent if you are under 21 years of age;
- your U.S. citizen child if he or she is over 21 years of age.
This is the fastest moving family sponsored immigration. You need only wait for the petition to be processed. Processing times vary widely at different times and at different Service Centers. Under certain circumstances, a consulate abroad may also process directly your petition. You should make an inquiry about the particular processing time at the time of filing the petition. As an average, you should expect at least a three-four month wait.
First Preference Category
your U.S. citizen parent if your are over 21 and unmarried.
If you are in this category of sponsored relatives, you have to wait about a year for an immigrant visa number to become available to you in order to apply for a Green Card. For citizens of Mexico, the waiting period is about 6 years; for citizens of the Philippines, about 10 years.
This is the concept of Priority Dates. Your Priority Date is the date your relative filed the Immigrant Petition for Alien Relative (Form I-130) on your behalf. Only when your Priority Date becomes current, as posted in the Visa Bulletin of the U.S. Department of State, can you apply for a Green Card. The Priority Date waiting CANNOT be changed or expedited by an attorney. This may be done only by an act of congress increasing the number of visas.
When your Priority Date becomes current and you apply for a Green Card, you will also have to wait for your Green Card application to be processed. Processing times vary depending on the particular consulate or INS office anywhere between several months and a year-year and a half.
Second Preference Category
your U.S. permanent resident spouse;
your U.S. permanent resident parent if you are under 21 and unmarried;
The Priority-Date waiting time for this category is 4 years for citizens of all countries except Mexico where the waiting is about 6 years.
your U.S. permanent resident parent if you are over 21 and unmarried;
The Priority-Date waiting time is approximately 7 years. For citizens of Mexico it is over 8 years.
Third Preference Category
your U.S. citizen parent if you are over 21 and married.
The Priority-Date waiting time is about 4 years. For citizens of Mexico – about 8 years, for citizens of the Philippines – about 7 years.
Fourth Preference Category
In this category your U.S. citizen brothers or sisters may sponsor you if they are at least 21 years of age.
You will have to wait about 11 years for a green card number to become available to you. If you are a citizen if India, the Priority-Date waiting is about 13 years; if you are a citizen of the Philippines – about 20 years.