The first step in the immigration process to the United States is to assess your eligibility. There are four distinct pathways through which you can seek to immigrate: Family, Job Offer, Investment, or School Acceptance Letter. Each of these categories has its own specific eligibility requirements that must be met in order to qualify for immigration.
However, there are certain standard requirements that apply across different immigration types. These include meeting the criteria for criminal eligibility and health requirements.
For criminal eligibility, you must demonstrate that you do not have a criminal record. If you do have a criminal record, you will need to apply for a waiver before becoming eligible for immigration.
Regarding health requirements, if you are immigrating from certain countries, you will be required to undergo a health examination in your home country.
Family-Based Immigration: Family-based petitions allow immigrants to seek Green Cards based on their familial relationships with individuals already residing in the United States. To be eligible for this type of immigration, you must meet one of the following criteria:
- Immediate Relative of a U.S. Citizen, which includes being a spouse, an unmarried child under the age of 21, or a parent of a U.S. citizen over the age of 21.
- Having a familial relationship with a U.S. Citizen or a lawful permanent resident, such as being an unmarried son or daughter over the age of 21, a married son or daughter, a brother or sister, with the U.S. citizen sibling being over the age of 21.
- Having a relationship with a Lawful Permanent Resident, which may include being a spouse, an unmarried child under the age of 21, or an unmarried son or daughter over the age of 21.
- Being the fiancé of a U.S. Citizen or the fiancé’s child.
- A widow(er) of a U.S. Citizen.
- Being a victim of battery or extreme cruelty at the hands of a U.S. Citizen, which includes being an abused spouse, child (under 21 and unmarried) of a U.S. citizen or lawful permanent resident, or an abused parent of a U.S. citizen.
Meeting any of the criteria outlined above makes you eligible for family-based immigration to the United States, and you can proceed with the application.
Job Offer: Many individuals seek employment opportunities in the U.S. to immigrate and work. The United States is keen on attracting the best global talent to work within its borders. There are non-immigrant work visas available for those who receive a job offer in the U.S. for a specified period. However, under these visas, individuals are required to return to their home countries upon expiration of the visa.
School Acceptance Letter: While studying in the U.S. does not automatically lead to immigration, individuals who have completed their education in the U.S. have the option to apply for work visas and, eventually, Green Cards if they wish to remain. To be eligible for studying in the U.S. on a visa, you need to meet the following criteria:
- Enroll in a full-time academic, language, or vocational program.
- Attend a school approved by USCIS.
- Demonstrate proficiency in English or enroll in a program to improve English skills.
- Have sufficient funds to support yourself during your stay in the U.S.
- Maintain a residence abroad that you can return to upon completing your course.