How to Immigrate to USA

We are often asked by our clients how to immigrate to USA as the channels can be confusing with a lot of detail required in the various application forms. Before you start the immigration process, you must first consider which visa process you will be undertaking.

The most straightforward approach when asking yourself “how to immigrate to USA” is to utilize the family or employment routes if these are available to you.

For example, if you are married to an American citizen then you will be eligible for the Spouse of a US Citizen visa. The term spouse is defined as a legally wedded husband or wife. There are explicit examples of where this definition does not apply. For example, people living together but not married or where polygamy is practiced only the first spouse qualifies. In some countries, where common-law partners are recognized this can also count as a spouse for the purposes of US immigration.

When it comes to employment there are a significant number of additional options available. For example, the employment second preference (E2) visa allows professionals holding advanced second degrees and persons of exceptional capability to apply in the category. To apply in this category, it is generally expected that you hold a labor certification and an offer of employment from a US employer. The employer is also obligated to file a Form I-140 which is an Immigrant Petition for Alien Worker.

If you are going down the route of a “Professional Holding an Advanced Degree” then you will need a degree beyond a baccalaureate degree. However, if you do have a baccalaureate degree you can be considered so long as you have at least five years’ experience in that profession and demonstrate progression during this time.

If you decide to apply under the Persons with exceptional ability subcategory you will need to demonstrate exceptional ability way above that normally expected at degree standard.  

If you are a foreign national with no current family or employment in the United States, then the process may be a little more arduous but there are still options available to you. When looking how to immigrate to USA you will need to select the best route for you which will depend on your current circumstances. When considering your options therefore on “how to immigrate to USA” you need to put time into your research and seek help if unsure.