The Facts, Myths and Truth on Immigration Eligibility and Status

With all of the attention that immigration laws are getting these days, it is easy to become overwhelmed with what is going on. Even though there are varying of opinions on how things should and should not be done, the laws that govern immigration have already been written for everyone to see and abide accordingly. However, before anyone knows if they are within the laws or outside of them, it is very important that they do their research. Particularly, reviewing the guidelines, and requirements as it relates to their specific situations and circumstances. Therefore, if you want to know more about the differences between the visa, green card, and Diversity Visa Lottery and other things that make it legal for immigration to United States, there is a wealth of information on-line that can assist you with the information that is needed.

Actual application time  for this year is October 3rd – November 7th.

Diversity Visa Application

That said, here is a basic background of information that covers each type of eligibility statuses.

Greencard Holders

If an individual would like to enter the states and remain permanently, they may opt to apply for their green card. The eligibility for a green card is specific since there are some requirements that must be met before the individual can receive an official card that they can present to agencies that request it, employers, and the like. In order for an individual to be eligible for their green card, they will need to apply under the following categories.

  • Green Card through Employment
  • Green Card through Family
  • Green Card for Victims of Abuse
  • Green Card through Refugee or Asylum Status
  • Green Card for Human Trafficking and Crime Victims
  • Green Card as a Special Immigrant
  • Green Card through Registry
  • Green Card through Other Categories

If the individual applies and meets the requirements set by the law, they may receive their green card for permanent residency. Once received, this card must be on the person at all times. Particularly, if they are at the age of 18 or above. The original card, not a copy, must be available for presenting to the required authorities. These cards are valid for 10 years, and then they must be renewed, though permanent residency will always remain the same.

Different types of Visas

When people from another country want to know how to apply for a visa, they will need to what type of visa fits their situation. Since there are over 150 visas that people can apply for today, it is essential that each person understands the distinctions between each type. Also, when applying, it is essential that everyone knows that they may fall into one of the two distinct categories, this is the non-immigrant and immigrant.

Typically, when people travel to the United States, they are usually expecting to stay temporarily so they are non-immigrants that have a need to come in. On the other hand, if the person is traveling to the U.S. and they want to stay permanently, they are usually looking for a visa that will lead them to permanent residency. Either way, each individual will need to know how they may meet the eligibility requirements set by the law. For instance, here are a few basic visas that’s usually commonly known in many areas around the country.

  • Visa F- 1 – Students – academic and language students
  • Visa F- 2- Dependents – dependent of an F-1 holder
  • Visa H- 2A -workers – seasonal agricultural
  • Visa T-1 – Victims of human trafficking
  • Visa B-2 – Tourism, vacation, pleasure visitors
  • Visa O-1 – Foreign nationals with extraordinary ability in sciences, arts, education, business or athletics
  • Visa H- 2B – Temporary workers – nonagricultural
  • Visa A – Diplomats and foreign government officials

All of which are issued based on the individual’s purposes and needs to enter into the United States. For instance, the F1/ Student Visa is needed if a student from Japan or China would like to study English in American college or University. This type of visa has an expiration that is attached to it and the student must abide by these dates if they want to remain in the country legally. Normally, with this type of visa, the person can remain in the U.S. for at least 60 days after the completion of their studies.

Another example of a common type of visa that people seek after today is the B1 Tourist or business visa. These visas are also temporary for the time frame that the person expects to be in the states. Though the person may only be touring the states for a few weeks, this visa will give them a maximum time of 6 months before it expires.

DV Lottery

As previously mentioned in the Diversity Visa Information , there are many different ways to remain in the U.S., temporarily or as a permanent residence. Green cards, B-1 Temporary Business Visitor, F-1 Student visa are just a few of the more commonly known visas that people apply for. However, when an individual is researching what types of other opportunities that they can look forward to, they may discover that there is an annual lottery that opens up this door further as well. This annual lottery is administered by the Department of State, and is a program that is known by more than one name. Two of the more notable are the Diversity Immigrant Visa Program and the Green Card Lottery. This program was established in 1990 as a part of the The Immigration Act of 1990.

What Countries Can Participate

The participation in this program is limited, however, to specific countries so only residents of those countries are eligible for this program. Based on the provisions of this Act, this lottery gives 50,000 permanent visa opportunities to those who participate as an entrant. According to the legislation, it is an annual program that will only include those countries who have the lowest rates in immigration population to the U.S. within the last 5 years. For instance, in the upcoming year of 2018, some of the countries excluded from this lottery are Bangladesh, Brazil, China, Canada, South Korea and Peru since they have very high rates of immigrants entering the United States.

Deadlines of Application

For those countries who are eligible for the DV lottery, it is important to know the guidelines and rules that must be met. In particular, there are deadlines that must be met by a specific time if the person would like their names to go in the lottery. If not, they may be forced to wait until the next year or later. For instance, if an individual would like to be eligible in the year 2018, they will need to apply no later than May 2, 2017, at noon EDT. The specific instructions for entry can be found on-line so it is easy to access if needed. Also, when eligible parties are interested in the status of the lottery, they can check it on-line via a DV Entrant Status Check screen.

There are many different ways to enter into the U.S. from another country. Fortunately, a lot of this information is available on-line and can assist each individual with their specific circumstances based on the need and eligibility. Because some people are only seeking to gain access to the country temporarily, there are provisions made for just that. Also, if they want to enter in as a tourist or a professional on business, they may apply for a B1 Tourist or business visa for immigration to the United States. Or, if they decide to stay as a permanent residence, they may apply for a green card. In either situation, there is information on-line that tells each individual where they should start and what they will need to do in order start and complete these kinds of processes.

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