• Religious Worker Visas — General Overview
• R-1 Nonimmigrant (Temporary) Visas
• Special Immigrant (Permanent Resident) Visas — Religious Workers
• Other Nonimmigrant (Temporary) Visa Options
• H-1B Nonimmigrant (Temporary) Worker Visas
• L-1 Nonimmigrant International Manager or Executive
• F-1 Student Visas
• Three Options for Obtaining Permanent Residency
• Marriage to a U.S. Citizen or Permanent Resident
• Asylum
• Offer of Employment
• Conclusion

The petition for the special immigrant visa is approved by the United States Citizenship and Immigration Service (USCIS) in the United States. If the individual and family members are abroad, the approved petition is sent to the nearest United States consulate. They can then apply for immigrant visas and enter the United States as permanent residents. If the individual and the family members are in the United States, they can apply at the appropriate USCIS office to obtain permanent resident status after the petition is approved.

In order for a prospective foreign student to obtain an I-20 from a public grade school or high school he/she must first agree to pay educational costs to the public school board or entity. Additionally, the public grade school or high school student can only enroll for a one-year period and then must return home. This restriction applies only to those students entering on F-1 visas and enrolling in public schools. It does not apply to children of parents entering in another visa category, such as H-1 or L-1 visas.

After the events of 9-11-01, the government established very strict reporting requirements for individuals entering on F-1 visas or obtaining F-1 status in the United States. It is absolutely essential for F-1 students to comply with all reporting requirements to maintain F-1 status.

Eligibility for permanent residency based on marriage to a U.S. citizen requires proving the validity of the marriage to the USCIS (the marriage was not entered into for the purpose of obtaining an immigration benefit). An immigration officer will conduct an interview of the married couple to determine the validity of the marriage. If the marriage between the petitioner and beneficiary is not in existence for two years at the date of the interview, the alien spouse will be granted conditional permanent resident status, valid for a 2-year period. A petition to remove the conditional status must be filed within ninety days prior to the two-year anniversary of the grant of conditional status.

There are some employment-based categories for which an offer of employment is not required. In some categories, the individual must establish that his or her employment will provide substantial benefit to the United States. Generally, these categories are reserved for individuals who are highly recognized in their field and can show significant contributions to their field of employment. Because a labor certification is not required in these categories, the individual can normally obtain permanent residency more quickly than through the labor certification process. As with other temporary and permanent visa options listed above, immediate family members of the principal applicant are also eligible for permanent resident status. The requirements that must be satisfied for each employment-based category are numerous and complex and must be clearly established to obtain the visa or permanent residency in the U.S.

Immigration law is a very specialized area, requiring knowledge of countless statues and regulations. Violation of these laws or regulations can produce serious consequences, including denial of entry, 3-year, 10-year and permanent bars to reentry, or removal from the U.S. Therefore, it is important to contact an attorney experienced in immigration law to ensure the above immigration benefits are obtained.

If you are in need of a referral to an attorney specializing in immigration, one available resource is the American Immigration Lawyers Association's Immigration Lawyer Referral Service. You can contact that service by calling (800)954-0254.