United States Immigration

Immigration to the US—What Do the Numbers Tell Us?

Some statistics to illustrate how immigrants to the United States impact the nation in the 21st century. According to research by the Pew Center, the United States hosts the largest immigrant population in the world. Forty million (!) people have made the US their home after being born in another country. This accounts for one-fifth of the global immigrant population. Most immigrants (77%) are in the country legally, with a valid visa.

Despite these high numbers, and perhaps contrary to what might be imagined from social networks and the media, a significant majority of Americans view immigrants as a source of strength rather than a burden. In fact, 88% of Democrats and Democrat-leaning independents believe that immigrants contribute to the country through their work and talents. Conversely, among Republicans and Republican-leaning independents, the perception is more divided. 41% say that immigrants strengthen the nation, while 44% see them as a burden. Opinions also differ regarding future immigration levels. Among the American population, a quarter of respondents support a decrease in the rate of legal immigration (24%), while another third prefer to maintain the current level (38%). In contrast, nearly a third (32%) express support for increased immigration. This indicates a diverse perspective on the ideal scale of immigration to the United States.

Where Do Immigrants to the US Come From?

The immigrant community in the US is incredibly diverse, including people from almost every corner of the world. A significant portion of the immigrants living in the United States are from Mexico. In 2018, there were about 11.2 million Mexican immigrants in the US, accounting for 25% of the total immigrant population. The next largest groups are from China (6%), India (6%), the Philippines (4%), and El Salvador (3%). Asian immigrants collectively make up 28% of all immigrants. Other regions include the Caribbean (10%), Central America (8%), South America (7%), the Middle East and North Africa (4%), and Europe and Canada (13%).

What Are the Differences Between Immigrant and Non-Immigrant Visas to the US?

US immigration policy is complex. There isn’t just one visa covering all situations, but a variety of options depending on the applicant’s circumstances. The main difference between the various types of visas is between immigrant visas and non-immigrant visas, which are the two main categories of visas issued by the US to people seeking to enter the country. The primary difference between these two types of visas is their purpose:

• Non-Immigrant Visas: These visas are issued to people who want to enter the United States temporarily for specific purposes such as tourism, business, education, medical treatment, temporary work, or cultural exchange programs. These visas are intended for temporary stays, and the visa holder is expected to leave the country before the visa expires.
• Immigrant Visas: These visas are issued to people who intend to reside permanently in the United States. Immigrant visas are usually based on family relationships, permanent job offers, or humanitarian reasons, such as refugee or asylum visas. The main purpose of immigrant visas is to allow the visa holder to establish long-term residency in the United States and eventually acquire American citizenship. The immigration path for these visa holders typically leads to lawful permanent residence, often referred to as a Green Card. This status allows them to live and work permanently in the United States. After a certain period, if they meet the requirements, they can apply for US citizenship.

Immigrant visa applicants are required to prove their intention to live permanently in the US. They undergo a thorough screening process, including background checks and interviews, to determine their eligibility for permanent residency.

In this article, we will focus on US immigrant visas, but our website has several articles on other types of visas, such as work visas.

What Is the Green Card Application Process?

To apply for a Green Card, there are several main steps you need to follow:

• Complete the Application Form and Gather Evidence: This includes submitting criminal record certificates from your previous places of residence and answering questions about past convictions.
• Medical Examination: During the medical examination, you will be asked questions about your mental health, drug and alcohol use, and medical history.
• Interview: The application process also includes attending an interview at a USCIS (US Citizenship and Immigration Services) office or at a US embassy or consulate (see details below).

The specific requirements may vary depending on the type of visa you are applying for, so it is important to do your research and follow the instructions carefully. Unfortunately, the application process is not free, and you will need to pay application fees, visa fees, and other associated costs.

The Green Card application process depends on your current location:

If you are already in the United States, you can submit your application (adjustment of status) and remain in the country while it is being processed.

The Green Card application process includes the following steps:

1. Your sponsor will submit Form I-130 (family-based Green Card) or Form I-140 (employment-based Green Card) to the US authorities, along with an adjustment of status application (Form I-485) in some cases.
2. The immigration authorities will review and approve your application.
3. You will be invited to a personal interview at a USCIS office.
4. After the interview, if approved, your Green Card will be mailed to you.

If you live outside the United States (consular processing):

The Green Card application process for this route includes the following steps:

1. Your sponsor will submit Form I-130 or Form I-140 to the US authorities.
2. USCIS will review and approve your petition.
3. You will submit the second stage of the application to the National Visa Center (NVC).
4. The local US embassy or consulate in your country will process your application and schedule an interview date.
5. You will attend a personal interview at the US consulate.

After the interview, if approved, your passport will be returned with a visa allowing you to travel to the US. Your Green Card will be mailed to your address in the US.

What Are the Main Types of US Immigrant Visas?

Many people who gain US citizenship immediately become interested in bringing their family members to the United States. Family-based immigration is the most common form of immigration to the US.

There are several options for obtaining family-based immigrant visas; a Green Card allows foreign nationals to gain permanent resident status based on their family relationship with a US citizen or lawful permanent resident (LPR).

Family-Based Green Cards

Foreign nationals who are family members of US citizens or lawful permanent residents have the opportunity to obtain a Green Card and become US residents. The following family categories allow for preferred family immigration:

• F1: This category includes unmarried children of US citizens aged 21 and over.
• F2A: Spouses and unmarried children under the age of 21 of lawful permanent residents.
• F2B: Unmarried children of lawful permanent residents aged 21 and over.
• F3: Married children of US citizens, regardless of their age.
• F4: Siblings of US citizens.

It is important to note that US immigration law outlines specific criteria and requirements for each family preference category. Understanding these guidelines is essential for a successful Green Card application process.

Can Widows or Widowers of US Citizens Obtain a Green Card?

If you are a widow or widower and were married to a US citizen at the time of their death, you may be eligible to apply for a Green Card. You must provide evidence that you were legally married to the citizen and that your marriage was in good faith, not solely for the purpose of obtaining immigration benefits.

What Are the Categories of Employment-Based Visas for US Immigration?

There are five categories of employment-based immigration (EB) preferences; the first four categories—EB-1, EB-2, EB-3, and EB-4—include priority workers, professionals with advanced degrees or exceptional abilities, skilled workers and professionals, and certain special immigrants. Each category has its unique requirements and benefits, but they all share one common goal: to attract talented individuals from around the world to come to the US to work and contribute their skills. The fifth category is reserved for entrepreneurs who are willing to make a significant investment in a new commercial enterprise that will create jobs in the US:

• EB-1P: Priority workers. This visa category is reserved for individuals who have reached the pinnacle of success in one of three specific fields: extraordinary ability, outstanding professors and researchers, and multinational executives.
• EB-2: Professionals with advanced degrees. Professionals with exceptional abilities in the sciences, arts, or business.
• EB-3: Skilled workers and professionals. Individuals with at least a bachelor’s degree, skilled workers with at least two years of work experience, and unskilled workers who can demonstrate their qualifications in a field where there is a labor shortage in the US.
• EB-4: Special immigrants. A wide range of individuals considered “special” for various reasons. Religious workers, certain employees of international organizations, broadcasters, members of the armed forces, and even certain juvenile immigrants.
• EB-5: Immigrant investors. This visa category is for entrepreneurs who are willing to invest a significant amount of capital (at least half a million dollars) in a new commercial enterprise that creates jobs in the US.

What Is the Process for Obtaining an Employment-Based Green Card?

The employment-based Green Card process involves a series of steps, including receiving a job offer from a US employer, obtaining labor certification from the Department of Labor, and filing an immigration petition with the US Citizenship and Immigration Services (USCIS). It is important to understand the specific requirements for each employment-based category to determine eligibility and ensure a smooth immigration process.

Humanitarian Green Card

A humanitarian Green Card is granted to refugees, asylum seekers, victims of human trafficking, abuse, and crime. The process of obtaining a visa for those in these categories can be quite complex. If you believe you may qualify for such a visa, it is advisable to consult with a US immigration lawyer.

Green Card Diversity Visa

The United States conducts a Green Card lottery that randomly awards immigrant visas to about 50,000 people each year. Only individuals from countries with low immigration rates to the United States are eligible to participate in this program. Israel is part of the list of countries with low immigration rates as of 2024.

Long-Term Resident Green Card

Individuals who have been physically present in the US since January 1, 1972, whether legally or illegally, may be eligible for a Green Card. It is important to prove that they arrived in the US before that date and have not left since.

Other Types of Green Cards

There are several other categories of Green Cards granted by the US government, including for “special immigrants” such as broadcasters, religious workers, residents of Afghanistan and Iraq who assisted the US government, and employees of international organizations. Cuban citizens and American Indians born in Canada may also be eligible for Green Cards under certain circumstances.

Can a Green Card Holder Become a US Citizen?

Yes! To naturalize in the US as a Green Card holder, there are several requirements you must meet:

• Age: You must be at least 18 years old.
• Continuous Residency: You must have held a Green Card for at least five years before you can apply for US citizenship, or three years if you obtained permanent residency based on your marriage to a US citizen.
• Physical Presence: You must have spent at least half of the specified period physically within the US. If not, federal authorities can argue that your “center of life” during that period was elsewhere.
• Good Moral Character: Under US law, the term is not defined in detail. To clarify what it means to have “good moral character” for naturalization purposes, the USCIS has published the following guidelines:
  • Criminal History: Your criminal history, including convictions, arrests, or offenses committed, will be reviewed by USCIS. While serious crimes are generally considered “permanent bars to good moral character” and will significantly impact your ability to immigrate, less serious and minor offenses will not have such a significant impact, and US authorities may see them as “temporary conditional bars” that are less important after a few years.
  • Registration with the Selective Service System (SSS): The SSS is the system for drafting and keeping information on potential draftees. In times of national emergency, the President of the United States has the authority to draft men into the military. Under US immigration law, men aged 18 to 26 must register with the SSS by submitting an online form to prove their moral character. Failure or refusal to register with the SSS may be considered a sign of poor moral character and may prevent an applicant from obtaining citizenship.
• English Proficiency: To naturalize in the United States, you will need to demonstrate a basic understanding of the English language. The specific English language requirements for naturalization are as follows:
  • Reading: You must be able to read and understand simple sentences and passages in English of the kind found in newspapers, instructions, and signs.
  • Writing: You must be able to fill out simple forms and write simple sentences in English.
  • Speaking: You should be able to have a basic conversation in English, including asking for directions, answering questions about yourself, and participating in simple discussions.
• Knowledge of US Citizenship: Passing the US citizenship test is required for naturalization. Questions about US history, government, and the rights and responsibilities of citizens make up the test. The goal is to ensure that you have a basic understanding of the principles and history of the United States. To help you prepare for the citizenship test, USCIS offers study materials, including a list of 100 possible questions, available on the USCIS website. You must successfully answer at least 6 out of 10 questions on the test, which will be randomly selected from the list. The Constitution, branches of government, and the Bill of Rights are some of the topics you might be asked about.

Contact a Lawyer to Begin the Immigration Process to the US

If you are considering immigrating to the US, it is advisable to seek professional guidance and support to navigate the complexities of the US immigration system. With the help of an experienced US immigration lawyer, you can better understand the immigration process. An immigration lawyer can assist you with the Green Card application process, including properly and timely filling out the application forms, as well as help you gather the necessary supporting documents. We can help you identify potential eligibility issues and ensure that you meet all the requirements, ensuring accuracy and efficiency.

Our law firm has a dedicated immigration team to help you with your US naturalization application. We are happy to assist you with any related issue.

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