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Starting the U.S. immigration process involves several steps that are primarily managed by U.S. Citizenship and Immigration Services (USCIS) and are consistent regardless of the state you are in, including California.
Here is how we would guide you through your Immigration Process:
1. Determine Your Eligibility
The first step is to determine which immigration category you fit into. The main categories are:
• Family-Based Immigration: U.S. citizens and lawful permanent residents can sponsor certain family members for a visa.
• Employment-Based Immigration: Employers can sponsor employees based on their skills, occupation, and the needs of the business.
• Humanitarian Programs: This includes refugees and asylees who are seeking protection due to persecution or fear of persecution on grounds of race, religion, nationality, political opinion, or membership in a particular social group.
• Diversity Visa Lottery: Eligible individuals from countries with low rates of immigration to the U.S. can apply for the Diversity Immigrant Visa Program.
• Special Immigrant Categories: This can include religious workers, certain employees of the U.S. government abroad, and others.
2. File the Appropriate Petition or Application
Depending on your eligibility category, you or a sponsor will need to file the appropriate form with USCIS. Common forms include:
• Form I-130 (Petition for Alien Relative) for family-based immigration.
• Form I-140 (Immigrant Petition for Alien Worker) for employment-based immigration.
• Form I-589 (Application for Asylum and for Withholding of Removal) for asylum seekers.
• Form DS-260 (Immigrant Visa and Alien Registration Application) for diversity visa applicants, processed through the U.S. Department of State.
3. Wait for a Decision
After submitting your application or petition, there will be a processing period during which USCIS or the relevant U.S. consulate or embassy will review your submission. You may need to attend an interview, supply additional documentation, or undergo a biometrics appointment.
4. Obtain a Visa or Adjust Status
If you are outside the United States, you will typically go through consular processing to obtain your visa. If you are already in the U.S., you may apply to adjust your status to that of a lawful permanent resident (green card holder) by filing Form I-485 (Application to Register Permanent Residence or Adjust Status).
5. Enter or Continue Residing in the U.S.
Once you obtain a visa, you can enter the United States and will be inspected at a port of entry. If you adjust your status, you can continue residing in the U.S. under your new legal status.
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Immigration Experts are certified immigration consultants and not attorneys. We do not provide legal advice or represent clients in court. Our services include assisting with filling out paperwork and procedural guidance on immigration matters only. Clients are encouraged to consult with a licensed attorney for legal advice and representation in complex immigration matters or legal proceedings. Reliance on the consultation services provided by Immigration Experts is solely at your own risk.
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