Want to know how to live legally in the USA? Then you’ve come to the right place!
In this article, we’ll explain everything you need to live legally in the United States, the different types of visa and explore the differences between a Green Card and American citizenship.
Ways to live legally in the United States
Moving to the US legally involves several steps and requires several documents. Here are some ways to live in the United States legally using different types of US visas:
- Work visas: If you have specialized skills or a job offer from a US company, you may be eligible for a work visa in the United States;
- Family visas: If you have close relatives who are US citizens or legal permanent residents, you may be eligible for a family visa;
- Green Card: The Green Card allows you to live and work permanently in the USA. There are several ways to obtain a Green Card, such as through employment, family or investment in the country;
- Naturalization: The process by which an immigrant becomes a US citizen. Generally, you must be a green card holder for a period of time (usually 5 years, or 3 years if married to a US citizen) before you can apply for naturalization.
Each of these options has specific requirements and can involve a complex application process.
For this reason, it is highly advisable to seek the advice of immigration counsel to better understand your options and ensure that you are following all the procedures correctly.
How to stay legally in the USA: here’s a step-by-step guide
Here are some practical visa options for living legally in the USA:
Family Based Visa (Green Card)
US immigration law allows family members of US citizens and legal permanent residents to become legal permanent residents (obtain a Green Card) based on specific family relationships.
The process is complex and involves several preference categories, based on your degree of kinship with a US citizen or legal permanent resident.
The D4U Immigration team can help you understand which categories you qualify for and prepare your application.
Most common visas to live in the USA
EB visas are aimed at prominent professionals, investors and workers in general. Each category has its own criteria and requirements, so it is essential to have expert guidance during the process. The benefit of EB visas is that they lead directly to an American green card.
They are based on the work you will be doing in the United States or are related to some kind of investment in the country. Understand:
- EB-1 visa: Aimed at outstanding professionals with national or international recognition in various fields, such as science, education, the arts, business or sport;
- EB-2: aimed at professionals with successful careers and considered above average;
- EB2-NIW (National Interest Waiver): is aimed at scientists, airline pilots, doctors and other academic professionals and can be acquired on the basis of professional and academic history, without the need for a job offer. It is most common among the categories of professions that are on the rise in the United States;
- EB3: approved for candidates who have a job offer in the USA;;
- EB5: Known as an investment visa;
- E2: aimed at investors who want to make a financial contribution to their own business in the United States – this visa does not lead to a Green Card.
The D4U Immigration team has in-depth knowledge of these visas and can determine which one is right for you, as well as providing guidance on every step of the application process.
K1 and K3 visas
The K1 and K3 visas are aimed at fiancés and spouses of US citizens, respectively.
They allow the beneficiary to enter the US and, after marriage (in the case of the K1), apply for legal permanent resident status.
The D4U Immigration team has extensive experience in helping international couples navigate this emotional but often complex process.
Seen O
The O visa is for individuals with extraordinary abilities in the sciences, arts, education, business or athletics.
It requires a significant amount of evidence to demonstrate the applicant’s level of achievement.
D4U Immigration’s experts can help you understand the eligibility criteria and gather the necessary documentation to strengthen your application.
TN visa
Finally, the TN visa is a special category for citizens of Canada and Mexico, allowing them to work in the USA in specific professional occupations.
Is it possible to live permanently in the USA on a tourist visa?
No. Não é possível morar de forma permanente nos Estados Unidos com um visto de turismo.
The tourist visa, also known as the B-2 visa, is intended for temporary trips for leisure or medical treatment.
It does not allow the holder to work or study in the US, but it does not provide a path to permanent residence or citizenship.
Staying in the US beyond the period authorized under a tourist visa can result in serious consequences, including being banned from returning to the country in the future.
If you want to live permanently in the US, it’s important to explore other visa options, such as employment-based or family-based visas, which can eventually lead to permanent residency.
What is the difference between a green card and American citizenship?
Green Card and American citizenship are two different legal statuses that a person can have in the United States.
Green Card
A Green Card allows a person to live and work permanently in the United States and Green Card holders are considered legal permanent residents of the US, but are still citizens of their country of origin.
They have certain rights and responsibilities, such as the obligation to obey all US laws and the right to work and live permanently in the country, however, they cannot vote in federal elections and can be deported if they commit certain types of crimes or violate the conditions of their residency.
American citizenship
American citizenship, on the other hand, is a more permanent status and comes with more rights and privileges.
U.S. citizens have the right to vote in all elections, can travel with a U.S. passport, have access to all U.S. social and government benefits and cannot be deported.
In addition, only American citizens can hold certain public and government positions.
An individual can become an American citizen by birth, by having parents who are American citizens, or by naturalization, a process that usually involves being a legal permanent resident (i.e. a green card holder) for a certain period of time, going through an application process, passing a citizenship test and taking an oath of allegiance.
In other words, the main difference between a Green Card and American citizenship lies in the level of rights and privileges that each status grants, as well as the permanence and immunity from deportation that American citizenship offers.
Conclusion
Now that you know how to live legally in the USA, it’s time to start your immigration journey, i.e. get all your documents together and start your application.
The first step is to contact a well-known and respected immigration consultancy.
So don’t miss out and contact D4U Immigration today! We are the best immigration consultancy in the USA and Latin America and we will help you achieve the American dream.