The United States is a state with a tolerant policy. Millions of people visit the country every year. Many come on tourist visas and apply for a green card with a subsequent renewal. There are about 180 grounds for residency in US law. It opens the way to social benefits, legal protection, benefits, free entry. Foreigners enjoy all civil rights, except for voting.
Resident cards are issued for marriage, investment, naturalization, study, for doing business, restoring family ties, and remote work. US embassies and consulates general are responsible for extradition.
Types of residence permit
Visa-free travel is available only to citizens of countries that have signed bilateral agreements on free entry with the United States. This also applies to those who have previously opened a visa, are going to visit the country at the invitation of relatives. Permits of different types are issued to foreigners after providing justified reasons.
For convenience, the categories are indicated by an abbreviation:
- K3 — for spouses of residents;
- K1 — fiance/fiancee;
- F2A/ 2B — close relatives;
- EB-5 – investors;
- SD/SR — religious figures.
This category includes visas for family members of US citizens, adopted orphans, and immigrant workers. Non-immigrant are classified according to the purpose of the trip. The group has more than 30 types. They are issued for long periods: 3, 5 or 10 years to businessmen, students, traders and others.
Residence permit upon purchase of real estate
Buying a property does not guarantee obtaining residence/ citizenship, but it gives privileges when applying for an investment and business visa, a Green Card under the EB-5 program without passing a language test. Immigrants are required to invest $800,000 in a rural area or region with high unemployment from the USCIS list, to prove the legality of the origin of capital.
Foreigners have the right to become owners of residential/ commercial real estate, to execute transactions for individuals and legal entities. Buying for a company protects against inheritance and gift taxes. The first time a residence permit is issued for 2 years. Immigrants then file Form I-829 for an extension of up to 10 years.
List of documents
For US immigration issues, foreigners apply to USCIS.
Documents for the file:
- certified copies of passports;
- business plan;
- approved Petition I-526;
- confirmation of the legality of funds;
- application I-485 for residence registration;
- biometrics;
- police clearance certificate;
- tax declaration;
- medical certificate;
- receipt of payment of the administrative fee.
According to paragraph 1153 of Art. 8 of the US Code, families are issued green cards for 2 years.
Student residence permits
Non-immigrant visas of categories F-1, M-1 and J-1 are opened for international students. The first one is intended for those who enter college, university or language courses with curricula from 18 hours a week. The second one is designed for non-academic or professional training. The third one is for participants in the cultural exchange program Work and Travel, Au pair. These types are not grounds for obtaining a green card and are not subject to renewal.
List of documents
Students first choose an educational institution, type of visa, apply, pay for tuition, start collecting documents.
Package of documents:
- passport and 2 photos;
- DS-160 questionnaire;
- form I-20, confirming enrollment;
- diploma of existing education;
- academic summary;
- TOEFL test results;
- bank statement or letters of sponsorship;
- SEVIS fee and fee receipts.
When applying for an F-2 visa, family members need certificates of marriage of parents, passports, metrics to confirm kinship, a receipt for payment of the fee.
Residence Permit for the Financially Independent USA
There are no special programs for self-employed and freelancers. Expats apply for visas of working immigrants, systematized into 3 groups. According to investors, foreigners move to the country with high incomes, covering the costs of living, rent/ purchase of housing. Most often, these are business owners and entrepreneurs. People with outstanding abilities, media persons receive O-1 visa. Narrow-minded experts are open to the National Interest Waiver.
List of documents
Applicants need to make an appointment at the embassy for an interview and come with a folder of documents:
- form DS-204;
- DS-160 visa application form;
- foreign passport and matte photos;
- medical insurance;
- a certificate of the amount of the deposit and the movement of funds on the account;
- receipt of payment of the consular fee.
Residence permit by marriage
Before registering in America, mixed couples first file a petition online with the county administration. If people are married abroad, the Immigration and Nationality Act comes into force. Foreigners file I-130 form on the bride visa or family categories IR-1, K-3, and wait for permission to enter for at least one year. During this time, they are required to provide evidence of the authenticity of the marriage.
List of documents
The procedure for registration with USCIS takes no more than 4 months, subject to the full package of documents:
- petition for reunification with spouse, change of status;
- wedding video, screenshots of correspondence;
- deposit and credit card statements;
- resident's tax returns;
- a lease, mortgage payment or ownership;
- copies of utility bills, insurance.
It is not necessary to collect all the certificates, but facts are needed to convince the immigration officer. At the same time, the applicant has the right to apply for employment and receive an EAD card.
Family reunification
Residents have the right to invite close relatives to the United States. When proving the condition of solvency, applicants submit petitions, take financial responsibility for moving and naturalization. The legislation stipulates 4 categories of entry visas (F1, F2, F3-3, F4-4). Each has special rules of registration.
List of documents
After arriving in the country, relatives collect the file:
- invitation;
- copy of the green card/passport of the receiving party;
- tax declaration;
- a certificate of solvency;
- birth and marriage certificates;
- a document confirming blood relationship;
The review period takes from several months to years.
Residence permit for work
Specialized experts and career professionals are issued one of 17 work visas and permits. Universal type – H-1B. It is claimed by specialists of different professions with a bachelor's degree, a certificate allowing them to practice in the United States. H1-B1 visa is open to qualified employees with experience. It has quota restrictions for specific countries, is valid for 18 months and is subject to renewal.
For intra-company transfers, an L visa is opened. The category depends on the position in the company. Executives and managers are issued L-1A, highly qualified employees – L-1B for 3 years with an extension for another 2.
List of documents
The full list is published on the website of the US Embassy and Consulate.
Main list of documents:
- DS-260 online questionnaire,
- the original passport and a scan of the page with a matte photo;
- birth certificate;
- documents on marriage and previous divorces;
- police clearance certificate;
- results of medical examination;
- military/ driver's license for men;
- letter from the legal entity;
- employment contract.
Residence permit for business and individual entrepreneurship
Obtaining a green card on the basis of an EB-5 visa and entrepreneurial activity is available to citizens 21 +. A business immigration visa is issued at the invitation of a company registered in the United States, acting as a sponsor and guarantor. The next reason is the opening of a startup or a branch of an existing company. Employees with managerial experience have the right to apply. The program can be used by businessmen who invest $1.8 million or $900,000 in a new company in a certain region, who are ready to create 10 places of work.
List of documents
The file is drawn up after the selection of the investment project.
The folder contents:
- copy of the foreign passport:
- documentary evidence of the basis for a residence permit;
- police clearance certificate;
- medical certificate of health;
- proof of solvency;
Renewal of residence permit
Those who plan to stay in America for 6 months before the end of the green card apply for prolongation to the US Migration Service. In case of delay, the inspectors do not charge a fine, but the owners have difficulties with leaving, renewing their driver's licenses, and obtaining a work permit.
To renew the visa, residents are required to:
- register on the website;
- complete and sign Form I-90;
- attach a certificate of tax payments;
- wait for the notification of registration of the application;
- receive a notification by email.
Applicants pay fees of $160-$775. When buying a home, the administrative fee is $30,000-60,000. USCIS biometric fee is $85, Form I-829 fee is $3,750. The cost of student visas of types F, M and J is $220-$350. If the consulate has a negative answer, the money is non-refundable.