Visa Types

Purpose of coming into country is only to study for a time and return home.  These are K1/K2 visas.  For 4-year degrees apply once and then extend as needed if still in school.  After one year and meeting certain requirements, you may be able to work with a permit.  School can help with application; this is renewable yearly while in school

Issued by local government in home country for a particular area of study.  After finishing program you must return home and are banned from applying for adjustment of status unless you get a waiver from home country.  You must return home to apply for waiver (more favorable decision than if you remain in US).

Work Visas

Strict requirement where government only issues a certain amount yearly.  Prospective employer (usually hotel, farming, special skills, etc.) must sponsor you and prove that there is no one in country with that particular skill set willing and able to do job.  During the last 6 months or so, you may renew visa through employer.  Status may be adjusted with marriage, etc.

Investment Visas

For people wanting to invest in the US or if you have a special skill like an athlete, you may sponsor yourself to come to the US.

U Visas

If a crime was committed and you help law enforcement to apprehend suspect, you may get a visa through this program.  You must have witnessed crime or crime was committed against you and you assisted in apprehending or resolving case.  Law enforcement gives you documentation and assists you to adjust status as a means of saying thanks.

VAWA (Victim of Abuse)

If you are in the US legally and while here your significant other promised to legalize status and you relied on promise to your detriment, you may file for green card.  Same applies if you hire an attorney with your status and they mess us case.  Applies to male and female alike.  Children also benefit from this program.

I-130 - Application for Alien Relative to Get Permanent Resident Status

Must establish relationship with person you are filing for to show they qualify to come here: mother, father, brother, sister, husband, wife, children, step children, adopted children are eligible. Once application is filed establishing relationship, if approved, the application is sent to country where relative lives. Certain relationships like parents, children under age 18 will get an immediate visa if person filing petition is a US citizen.  Once visa is available in foreign country, applicant must get approval through police clearance, physical, etc.  

I-485 - Relative to be Petitioned for is in US

Petitioner must do an adjustment of status (more expensive than if relative is out of country) that requires medical, passport-sized photos, finger printing, etc.  Affidavit of Support must be sent to show you are able to support relative and they will not become a ward of the state.  If married, 1-130, I-485, affidavit of support, and petition for work permit may all be sent in at once to speed up process.  You will receive a conditional status for 2 years to satisfy immigration marriage is real, after which time you attend an interview and condition may be removed if requirements for legitimate marriage are met.  If person is any other relation than marriage, same process applies but status is permanent for 10 years, after which time you may apply for citizenship.

Refugee:  is out of country trying to gain status

Asylum:  person is already in country and trying to adjust status for political reasons, etc.

You may apply after 5 years if you are already in country legally.  If married to a US citizen you may apply after 3 years.