Marcus Jarvis - A Simple Guide to the Immigration Laws of the United States: What you NEED to know when you come to America

Copyright 2014 Marcus Anton Jarvis and Mayanti (Savie) Boodoo Jarvis.

This book contains material protected under International and Federal Copyright Laws and Treaties. All rights reserved. Any unauthorized reprint or use of this material is prohibited. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, scanning or by any information storage and retrieval system without express written permission from the author.

ISBN: 9781483518244

As far back as the early days of colonization, the United States of America was built largely by immigrants who continue to be a contributing presence in the country today.

For those fortunate enough to be born in the USA which immediately grants them U.S. citizenship -- it may be difficult to fully grasp the realities of life immigrants face on a daily basis.

Leaving family, friends, and their birthplace behind is a huge sacrifice for people coming to America in search of a better life. Being unfamiliar with the language, customs, traditions, federal/state regulations and immigration laws can be terribly frightening and overwhelming.

Some people are successful in their venture for a new and better life, and some make many mistakes along the way.

When in doubt, or when you need assistance, you should always seek the help of a competent, knowledgeable U.S. immigration attorney. Therefore, this book is intended to better prepare you when asking probing questions to your attorney or another legal immigration adviser.

A Simple Guide to the Immigration Laws of the United States should not be used as legal advice because each factual situation is different. Unless they are a qualified, knowledgeable attorney, we recommend that you do not rely on friends or family as they may ill advise you on U.S. immigration matters.

Many people, like Savie and myself, come to the United States seeking the American dream. We immigrated to improve our lifestyle, get a better education, and to increase our wealth (just to name a few desires), all of which can be obtained with a lot of hard work and assistance of those in their new country.

It is our hope that by reading this guide you will have a better understanding of what it is like to be an immigrant in America, and what it takes to become a U.S. citizen.

Wishing you great success!

Marcus Anton Jarvis

Mayanti (Savie) Boodoo Jarvis

Note: Because of the many terms and classifications and acronyms for each a Glossary of Terms can be found at the end of the book to assist you as you read along. We are not gender bias, so for example, if the word she is used, it means he or she. In addition, chapters one to five will be written in the feminine form and chapters six to eleven will be written in the masculine form will be used.

The United States has a very highly controlled immigration system because of all of the opportunities it offers. Currently, if a person is not a U.S. citizen (USC) by birth, by birth abroad through at least one USC parent, or through naturalization, they have to obtain some type of visa before they gain entry into the Unites States.

Immigration Categories

Other than a USC, a person who seeks entry into the U.S. is classified as either an immigrant, or a non-immigrant (or what I describe as a hybrid immigrant).

Immigrant:

An immigrant falls under one of the following categories: 1) On a petition that was filed by a relative who lives in the United States; 2) as a refugee; 3) as an asylee; or 4) on a petition that was filed by a U.S.-based employer.

When an individual comes to the U.S. as an immigrant, he generally must get processed for an immigrant visa at an American consulate in his country, or at the American consulate which serves that region. For example, many of the Caribbean islands are too small in population to support an American consulate, so they are served by the consulate located in Bridgetown, Barbados.

An alien (aka: respondent later in this book) of extraordinary ability may petition for their own immigrant visa. For example, if an alien has one million dollars US to invest in a new business in the United States -- or in a business thats failing and needs an influx of money -- and she has met other requirements, she can file for herself and (and her spouse and childrens) lawful permanent resident (LPR) status.

Also, if an alien has $500,000 US to invest in a depressed area or an area of high unemployment, she can file for herself and (and her spouse and childrens) lawful permanent resident (LPR) status.

Non-Immigrant / Hybrid Immigrant:

A person coming to the U.S. as a non-immigrant may fall under one of the following categories: B-1/B-2 visa for pleasure; F-1 visa as a student; M-1 visa as a student; H1-B visa; and L-1 visa, just to name a few of the categories.

A hybrid immigrant (asylee or refugee) coming into the U.S. as a non-immigrant can adjust their status to that of lawful resident and obtain a green card.

Another version of a hybrid immigrant is an individual who comes into the U.S. as a non-immigrant to adjust their status to Lawful Permanent Resident (LPR), provided they are not found to be inadmissible. For example, a non-immigrant may enter the U.S. as an F-1 student and she plays the immigration visa lottery and wins (see Diversity Lottery below), she would stay in the U.S. and adjust her status to LPR and her spouse and children status if they are in the US too.

Family-Based and Employment-Based Visas:

Immigrant visas can be further subdivided into Family-Based Visa (FBV) limited and unlimited -- and Employment-Based Visa (EBV).

In the FBV category, some of the family relationships that support this type of visa are spouse-to-spouse; parent-to-child; child-to-parent; and sibling-to-sibling. This type of immigrant visa is referred to as a green card (GC) or lawful permanent resident (LPR) card.

If a child enters the U.S. on a green card, and she is under age 18 and one parent is a USC, she is grandfathered in as a U.S. citizen. She can then apply for a certificate of citizenship, and/or a United States passport.

Working in the United States (Employment Based Visa):

Since some U.S. employers cant find enough skilled laborers to fill certain positions, immigration laws sometimes allow unskilled laborers to enter the country. In some cases these employees may have to return home after their employment is completed. In other cases the employer is allowed to file a petition on behalf of their employees to adjust their immigration status to LPR. However, an employee may work many years before she can apply for an Adjustment of Status (AOS).

In most Employment Based Visa (EBV) categories, an employer has to seek labor certification (LC) from the Department of Labor (DOL), before a visa can be applied for. Generally, the Employer has to demonstrate to the DOL that there are not enough people who are able, willing, and qualified to fill such positions.

In some situations if an individual has extra ordinary ability, that person may be able to file a petition for himself/herself and family; O Visa.

In most cases, an employee applies and receives what is called a work permit (aka: an Employment Authorization Card or EAD), which has to be renewed yearly. Some EADs may last up to three years before they expire. One such example is a U Visa. A work permit can be acquired, if one qualifies, under either the FBV or the EBV category.