How to win a green card USA – everything about the procedure today

21.12.2020
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5 Nov ended accepting registration for the annual American Green Card lottery.

A green card is a document entitling them to live and work in USA, discounts on training at universities and colleges, the benefits of the target credits, and reduced taxes. Every year, her wish to obtain about 20 million “contestants” from all over the world. Happy owners of a 10-year visa will be only 50 thousand of them.

Do not stop attempts to thirst and considerable cons:

the complexity of the procedure,
deprivation of electoral rights,
the opportunity to hold gosdolzhnosti.

After 5 years of the receipt of a green card holder can apply for full citizenship.

Information about Green Card in the article:

Who can obtain a green card in the US?
The procedure for obtaining a green card as a whole is reduced to five stages
Features and benefits for different types of applicants
Lottery: bid, win and interview preparation

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From 2017, the United States authorities have repeatedly made statements of varying degrees of radicality in relation to the reduction in the issuance of green cards: from the complete elimination of the program to offset its vector in the direction of primary certification the country needs professionals, and not immediate relatives of U.S. citizens, as it was previously.

In the period of the presidential campaign, already launched in America, the desire to play on the conservative attitudes can strengthen this agenda, becoming, along with the famous “Mexican wall”, one of the directions of the “anti-immigrant” policy of the incumbent leadership of the White House.

However, to try to obtain a residence permit in the country still can be anyone. Only for the first half of the number of Ukrainians who received an American passport, has reached 2,000 people. Those who managed to register for the raffle this year, is still waiting for his results are usually declared in may and then preparing for a follow-up interview at the Consulate.

For those who are planning to obtain a green card on General grounds, or wish to try your luck in the next lottery UBR.ua publishes supplemented by material 2012 lawyer Marina Saenko about the features and implications of obtaining a coveted ticket to the American dream.

Who can obtain a green card in the US?

Persons eligible for a green card include:

husband/wife of a citizen/permanent resident;
close relatives of a citizen/permanent resident: children, parents, brothers, sisters, and stepson and stepdaughter, if kinship arose until they reach 18 years of age;
“labour immigrants” (persons who received an offer of employment from a U.S. employer, entrepreneurs, investors on the approved list);
refugees and persons granted political asylum in the United States.

The procedure for obtaining a green card as a whole is reduced to five stages

Filing the immigration petition. The initiator or the petitioner (citizen or resident of the United States falling relative to the recipient of a green card, and his potential employer) appeals to the regional center of the US Immigration service (USCIS) immigration petition in the prescribed form and taking into account the number of documents. The full list can be found on the official website of the U.S. Embassy in Ukraine.

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Filing the petition the applicant must be willing to become a financial sponsor for the recipient of a green card (which is reflected in the application form), as the latter does not acquire the citizenship, or for the next ten years from the date of his entry into the United States.

If we are talking about the immigration of a relative, the petitioner (applicant) must prove that his family income at least 125 % above the poverty level in the United States. This occurs by providing tax returns, Bank records and other financial statements.

Solutions Immigration services (USCIS). USCIS processes the petition is filed, after it notifies the applicant of its decision. If the petition is denied, then the USCIS decision, the reasons for such deviations and the procedure of appeal. Among the common reasons for refusal are the unsatisfactory financial position, carelessly prepared paper, or deliberately concealing certain data as well as fraud during a visit to the States by the applicant or one of his relatives in the past.

If the petition is approved, and the beneficiary lives outside the United States, USCIS forwards all documents to the national visa center (Department of State’s National Visa Center (NVC) where they are stored until suitable place of the beneficiary.

The opening of the case and preparation for visa. After petition approval, the Consular section of the U.S. Embassy opens the file on each of the beneficiary and carries out administrative processing of the application for an immigrant visa. Usually this process takes 30 days after approval of the petition. Thereafter, the Consular section of the U.S. Embassy sends to the recipient a green card an Information pack containing information about the documents to be collected at the time of the interview at the Embassy. An information pack can be found on the website of the Embassy.

When the recipient has collected all the necessary documents, he shall notify the Consular Department by calling the call center, after which he is granted a hearing.

The interview at the Consulate. All persons who apply for immigrant visas are required to appear in person at the Consular section for an interview. During its passage the beneficiary takes the oath to the consular officer.

In case of positive result of the interview, the applicant will be sent an immigration package that cannot be opened before arrival in the United States, and will need to provide the USCIS officer at the point of crossing the US border.

According to article 203 (g) of the Act U.S. Immigration and Citizenship, the applicant must apply for a visa at the Consular section for one year after receiving an invitation for an interview.

As the interview does not guarantee a visa, it is not necessary to quit your job, sell the property and to prepare for the trip until the visa is issued.

Entry into the territory of the United States. Upon arrival in the U.S., the CBP officer customs service, as well as employees of USCIS checks the availability of all necessary documents and correctness of their registration. After making all necessary checks, the person receives the status of a permanent resident of the United States. A green card will be sent to him within 30 days from the date of entry in the United States.

All required forms immigration petitions, as well as instructions for their completion for each of the categories of quantity. A close relative of a US citizen is enough to submit an application for the registration of immigration status concurrently with the immigrant petition with USCIS, subject to legally stay in the United States.

Other relatives of a U.S. citizen/permanent resident are distributed in the so-called “priority category” (or categories of preference, “Preference Categories”), each of which shall be fixed annually quota of green cards.

Despite the traditional preference for relatives of U.S. citizens held in recent years, the country’s policy to attract the necessary specialists creates incentives for labor immigrants. In conversation with UBR.ua expert in international law Anton kuchukhidze confirmed that of the two choices – relative or necessary for the country migrants can be found on the official website of the USCIS under “FORMS”.

Features and benefits for different types of applicants

Because wanting to get an immigrant visa more than visas allocated annually. Within each category preference, formed a waiting list. Dispensing visas, the U.S. Department of State (U. S. Department of State, DOS) comes from the priority Date (“Priority Date”) of each of the applicant (beneficiary), which is used to determine where in the queue. When is the priority date, the applicant may apply for an immigrant visa.

For the immediate family (“Immediate Relatives”) of a U.S. citizen visa is always available in unlimited quantities:

the second of the spouses;
children under the age of 21, unmarried;
parents;
if the petitioner is 21 years of age.

A close relative of a US citizen is enough to submit an application for the registration of immigration status concurrently with the immigrant petition with USCIS, subject to legally stay in the United States.

Despite the traditional preference for relatives of U.S. citizens held in recent years, the country’s policy to attract the necessary specialists creates incentives for labor immigrants. In conversation with UBR.ua expert in international law Anton kuchukhidze confirmed that of the two choices – relative or necessary for the country professional – the Immigration service is likely to give the priority to the latter.

At the same time, priority exist among the employees. Persons

having extraordinary ability in science,
art
education
business
sports;
outstanding professors or researchers;
executives and managers of international companies
investors who will create jobs in the United States.

In the latter case, the amount of investment must be at least $500 thousand.

Some of the members of this list, which are of particular interest to the United States (National Interest Waiver (NIW) may be granted right to self-filing of the immigration petition.

In other cases, the employer will not be permitted to obtain from the Department of labor (U.S. Department of Labor, DOL) Certification (Labor Certification). The certificate must confirm the existence of an insufficient number of skilled workers, as well as the US desire to fill a working position on the basis of a proposal of lower wages. In addition, the employer may be interested in the persons performing specialized work, the list of which is contained in Section 101 (a)(27) of the immigration and nationality (INA).

On the Ukrainian market “Uncle Sam” is most interested in the IT professionals, says Anton Kuchukhidze.

The potential success, he said, America could find domestic managers-agrarians, however, due to the difference in the development of the agricultural industry of the United States and Ukraine are different and the practical aspects of work in the markets.

In the weakest positions for obtaining permanent residence in recent years have been refugeeswho are America all the more reluctant to allow you to settle on its territory. So, in August of this year, the administration of the President of the United States limited immigration quota for refugees for the year 2020 to 1,800 people, that became the lowest indicator for the last 40 years.

The US government is also struggling to protect themselves from “dependency” and, together with the restriction of the quota for refugees was also provided for the abolition of the green card for those who, while in the U.S. used social protection programs. The principle of “autonomy” is not considered legal in the U.S. Federal courts in new York, Washington and California, prohibiting its officials to refuse to migrants in obtaining a green card on the basis of the White house proposed criteria. However, the rhetoric of Donald trump retains the ability to implement them in the future.

So far, the main condition for obtaining a green card for a refugee remains continuous residence in the U.S. for at least one year from the date of granting this status and stay in this status at the time of filing of the petition. To obtain a green card enough to file an immigrant petition in the prescribed form (Form I-485, Application to Register Permanent Residence or Adjust Status). For persons granted political asylum, put forward similar claims, provided that such person was not relocated to another state.

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Lottery: bid, win and interview preparation

The application process is the easiest stage.

Lottery visas to receive permanent resident status (resident) of the United States, provides official annual program “Diversity Immigrant Visa” (DV).

Green cards are distributed among six geographic regions, and the highest quota is given to those of them who have a lower level of immigration. Among them also the countries of the former Soviet Union and Europe. For citizens of those countries from which arrived in the United States more than 50,000 immigrants in the last 5 years, the visa is not provided. However, within each region, no one country may receive more than 7 % of visas “DV” of the total amount issued within one year.

Program participants must meet certain eligibility criteria. So, the applicant must be a native and not a citizen of a country that is in the list of participating in the lottery this year.

Among other criteria: complete secondary school education or two years of experience within the last five years in a profession requiring at least two years of training or experience to carry out activities.

However, in order to take part in DV, you just need to register at https://dvlottery.state.gov/. On the computer screen the participant will see a page with their name and a unique confirmation number of the registration (confirmation number).

The state of the online application you must check on the website. Simply click “Check Status” (the”Entry Status Check”) and to enter your unique confirmation number and personal registration data. The “Entry Status Check” is the only legitimate way to learn about the lottery results. Many of the participants in the lottery refuse immigration, despite the victory in the draw, so those contestants who did not see themselves among the winners of the original, you should check the list again after a certain time. The state Department does not notify the winner either by phone or email.

The winners of the lottery defines a computerized program, which through a complex algorithm determines the coincidence of the participants in the selection. Thus, to cheat and submit more than one application will not work, although the legal way to increase the winning odds will still remain, if the application is to be submitted by each member of the family wishing to immigrate to the United States.

Participation is free only at the first stage

The lucky ones will be discharged the number in the queue for an interview. Although the first list of winners will be known in may, interviews will be held only in October and the final interviews will be held on 30 September of the following year. Date of the interview, on the one hand, depends on the received sequence numbers, and on the other, on how quickly the applicant will have time to prepare and provide the Embassy with all necessary documents.

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Although registration in the lottery and free in this new stage the winner will have to overspend. Pay for the future of the U.S. resident will be a consular fee of $160, which you will need to pay before the interview, the issue of the green card and the required medical examination. The cost will be $205 excluding additional and vaccination. To pass inspection only in accredited by the American Embassy clinics in Kiev’s Migration health IOM Clinic and Medic.

In this case, the medical examination have received the visa lottery is to be done closer to the appointment date, as in the case of success on it, a six-month period, during which the owner of a green card should arrive in the United States, will report back with the time of passage of the examination. Naturally, the ticket price for flights, the us government is not refundable. Place of residence, employment and other difficulties of acclimatization – also completely in the hands of a newly minted resident.

More extensive, especially compared to light weight requirements at the application stage, is a list of information needed to prepare for the interview at the Consulate. First you will need to fill out an immigration form ds260 in which the visa applicant must nominate all places of residence from the age of 16, place of study, positions in work and the related responsibilities, all information about relatives. 2019 another requirement was the provision of social media pages. In addition and upon approval of loyalty to compile the form ds260 at the Embassy from the applicant will be asked to send scans of passports, birth certificates of family members, certificates of no criminal record, military ID, etc.

In addition, the winner will also be required to provide proof of ownership of certain assets, and also additional guarantees of its solvency – evidence of support from a relative or friend living in the USA, job offer from employer in USA, etc. So the American government further “insure” yourself from the potential dependants.

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residence 16 years, place of study, positions in work and the related responsibilities, all information about relatives. 2019 another requirement was the provision of social media pages. In addition and upon approval of loyalty to compile the form ds260 at the Embassy from the applicant will be asked to send scans of passports, birth certificates of family members, certificates of no criminal record, military ID, etc.

Only after that – usually a month or two before the deadline – the bidder will announce the exact date of the interview.

Scrupulous observance of all formalities will be the main factor in successful completion of the interview. So, from 4478 compatriots, who have become the winners of DV in 2018, almost half – 1879 people either failed the interview or not to start the immigration process after winning the lottery.