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Introduction
Are you currently in the United States on a B1 B2 visa and wondering how you can stay here and obtain a Green Card? Well, you're in luck! While on a visit visa, it is possible to apply for and receive a Green Card without having to return to your home country. In this blog, we will explore the three most common ways to obtain a Green Card while on a visit visa, as well as share some valuable insight from an experienced immigration law attorney.
Explanation of B1 B2 Visa
A B1 B2 visa is a nonimmigrant visa that allows individuals to enter the United States for temporary business or tourism purposes. This visa does not grant permanent residency or work authorization in the country. However, if you wish to stay in the United States for an extended period and obtain a Green Card, there are avenues available to you.
Importance of Getting a Green Card
Obtaining a Green Card, also known as lawful permanent residency, is a significant milestone for immigrants in the United States. With a Green Card, you gain numerous benefits and opportunities, such as the ability to live and work permanently in the country, access to social security benefits, and eligibility for U.S. citizenship after a certain period of time.
Three Ways to Get a Green Card
There are three primary ways to obtain a Green Card while on a visit visa:
- Family Sponsorship: This involves filing an I-130 petition based on a family relationship. For example, if you are married to a U.S. citizen or have a citizen child who is 21 or older, you may be eligible to apply for a Green Card.
- Employment Sponsorship: If you have a job offer from a U.S. employer who is willing to sponsor you, you can apply for a Green Card through the employment-based route. This process typically requires demonstrating specialized skills or qualifications.
- Asylum: If you have a genuine fear of returning to your home country due to persecution or other compelling circumstances, you can apply for asylum. If your asylum application is approved, you may be eligible for a Green Card.
Attorney's Experience in Immigration Law
For over 13 years, attorney Mohammad Saleem has been practicing immigration law, helping countless individuals navigate the complexities of the immigration system. With his expertise, he has assisted numerous clients in obtaining Green Cards through various pathways while on a visit visa.
Highlighting the Diversity of Immigrants in Brooklyn
Brooklyn, New York, is a vibrant and diverse community that serves as a home to hundreds of thousands of immigrants from all over the world. Regardless of your country of origin, whether it be Egypt, India, China, or elsewhere, Brooklyn welcomes individuals seeking to build a new life in America.
Family Sponsorship
If you are currently in the United States on a B1 B2 visa and you want to stay here and obtain a Green Card, family sponsorship is one of the most common ways to achieve this. Family sponsorship involves filing an I-130 petition based on a family relationship. This means that if you are married to a U.S. citizen or have a citizen child who is 21 or older, you may be eligible to apply for a Green Card.
There are several benefits of family sponsorship. First, it allows you to stay in the United States and apply for a Green Card without having to return to your home country. This saves you time and money on travel expenses. Second, family sponsorship provides a pathway to permanent residency and the ability to live and work permanently in the country. With a Green Card, you gain access to numerous benefits and opportunities, such as social security benefits and eligibility for U.S. citizenship after a certain period of time.
Examples of family members who can help you in your Green Card journey include your spouse, parent, sibling, or adult child who is a U.S. citizen. These family members can serve as sponsors and help you navigate the immigration process.
When applying for a Green Card through family sponsorship, it is important to prove a bona fide relationship. This means providing evidence that your relationship is genuine and not solely for the purpose of obtaining immigration benefits. Examples of evidence can include joint bank accounts, shared assets, photographs together, and affidavits from family and friends who can attest to the authenticity of your relationship.
By successfully obtaining a Green Card through family sponsorship, you can stay in the United States and enjoy the benefits of permanent residency. This includes the ability to live and work in the country without any time restrictions. Additionally, you can apply for a Green Card for your spouse and unmarried children under 21 years old, allowing your entire family to establish a new life in the United States.
Employment Sponsorship
Obtaining a Green Card through employment sponsorship is another common way to achieve permanent residency while on a B1 B2 visa. However, this process can be complex and time-consuming, requiring careful navigation of the immigration system.
Complexity of Employment Sponsorship
The process of employment sponsorship for a Green Card involves several steps and requirements. It often requires demonstrating specialized skills or qualifications that make you valuable to the U.S. employer sponsoring your application. This may include proving your expertise in a particular field or occupation.
Types of Visas for Employment Sponsorship
There are different types of visas available for employment sponsorship, depending on the nature of your job and qualifications. These may include the H-1B visa for specialty occupations, the L-1 visa for intracompany transferees, or the EB-3 visa for skilled workers, professionals, and other workers. Each visa category has its own specific requirements and application process.
Role of Employer in the Process
In the employment sponsorship process, your U.S. employer plays a crucial role. They must be willing to sponsor you and demonstrate to the government that there are no qualified U.S. workers available to fill the position. Your employer will typically be responsible for submitting the necessary documentation, such as a labor certification, to the appropriate government agencies.
Submission of Documentation and Approval
Once your employer has completed the necessary paperwork, it will be submitted to the United States Citizenship and Immigration Services (USCIS) for review. The USCIS will evaluate your application, including the supporting documentation, to determine if you meet the eligibility criteria for obtaining a Green Card through employment sponsorship.
Comparison to Family Sponsorship Process
While both family sponsorship and employment sponsorship can lead to a Green Card, there are some key differences between the two processes. Family sponsorship is based on a familial relationship with a U.S. citizen or permanent resident, while employment sponsorship relies on having a job offer from a U.S. employer who is willing to sponsor your application. Additionally, the documentation and requirements for employment sponsorship tend to be more complex and specific to the job and industry.
Overall, employment sponsorship offers an opportunity for individuals with specialized skills or qualifications to obtain a Green Card while on a B1 B2 visa. It is important to consult with an experienced immigration attorney who can guide you through the process and ensure that you meet all the necessary requirements for employment sponsorship.
Asylum
Applying for asylum is another option for individuals on a B1 B2 visa who wish to stay in the United States and obtain a Green Card. Asylum is a legal process that allows individuals to seek protection if they have a genuine fear of returning to their home country due to persecution or other compelling circumstances.
Explanation of Asylum Application
To apply for asylum, individuals must demonstrate a well-founded fear of persecution based on their race, religion, nationality, political opinion, or membership in a particular social group. They must prove that they have been or would be subjected to harm if they were to return to their home country.
Applying for Asylum in the US
Individuals can apply for asylum by submitting Form I-589, Application for Asylum and for Withholding of Removal, to the United States Citizenship and Immigration Services (USCIS). It is important to consult with an experienced immigration attorney who can guide you through the application process and help gather the necessary evidence to support your claim.
Fear of Returning to Home Country
Many individuals seek asylum in the United States due to the fear of persecution or violence in their home countries. This fear may be based on political unrest, religious discrimination, or social unrest. By applying for asylum, individuals have the opportunity to seek protection and establish a new life in the United States.
Examples of Successful Asylum Cases
There have been numerous successful asylum cases in the United States. For example, individuals fleeing religious persecution in their home countries have been granted asylum and given the opportunity to build a new life free from fear and persecution. Other successful asylum cases have involved individuals escaping political oppression or violence.
Ability to Apply for a Green Card after Approval
If an individual's asylum application is approved, they may be eligible to apply for a Green Card one year after receiving asylum status. This allows them to obtain lawful permanent residency in the United States and enjoy the benefits and opportunities that come with it, such as the ability to live and work permanently in the country, access to social security benefits, and eligibility for U.S. citizenship after a certain period of time.
FAQ
Can I apply for a Green Card while on a B1 B2 Visa?
Yes, it is possible to apply for and receive a Green Card while on a B1 B2 visa without having to return to your home country.
Do I need to go back to my home country?
No, you do not need to go back to your home country to apply for a Green Card while on a B1 B2 visa.
What is the process for family sponsorship?
The process for family sponsorship involves filing an I-130 petition based on a family relationship, such as being married to a U.S. citizen or having a citizen child who is 21 or older.
What are the requirements for employment sponsorship?
The requirements for employment sponsorship vary depending on the type of visa and job offer. Generally, you will need to demonstrate specialized skills or qualifications that make you valuable to the U.S. employer sponsoring your application.
How can I apply for asylum in the US?
To apply for asylum in the U.S., you must submit Form I-589, Application for Asylum and for Withholding of Removal, to the United States Citizenship and Immigration Services (USCIS). It is important to consult with an experienced immigration attorney to guide you through the application process and gather the necessary evidence to support your claim.
DR MISBAH ULLAH KHAN OFFICIAL
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