Introduction
The American Dream has long been a symbol of opportunity and freedom. For many, this dream includes not only the pursuit of personal and professional success but also the ability to live in the United States. For parents, the prospect of residing in the U.S. can offer numerous benefits for their families, including access to quality education, healthcare, and a higher standard of living. This article will explore various pathways that parents can take to reside in the U.S., including immigration through employment, family-based immigration, and other legal means.
Family-Based Immigration
Family-based immigration is one of the most common ways for parents to obtain permanent residency in the U.S. This category allows U.S. citizens and lawful permanent residents (LPRs) to petition for certain relatives to immigrate to the United States.
Petitioning Process
- Eligible Relationships: U.S. citizens can petition for their parents, whereas LPRs can petition for their spouse and unmarried children under 21.
- Form I-130: The petitioner must file Form I-130, Petition for Alien Relative, with the U.S. Citizenship and Immigration Services (USCIS).
- Filing Fees: There are filing fees associated with Form I-130, which vary depending on the relationship between the petitioner and the beneficiary.
- Visa Availability: Depending on the country of origin, there may be a wait for an immigrant visa number to become available.
Visa Categories
- Immediate Relatives: U.S. citizens can petition for their parents without any wait time. Immediate relatives include parents, spouses, and unmarried children under 21.
- Family First Preference (FB-1): This preference category includes unmarried sons and daughters over 21 of U.S. citizens, and married children of U.S. citizens.
- Family Second Preference (FB-2): This category includes spouses and unmarried children of LPRs, as well as married sons and daughters of U.S. citizens.
- Family Third Preference (FB-3): This preference category includes brothers and sisters of U.S. citizens and married sons and daughters of LPRs.
Employment-Based Immigration
Employment-based immigration is another avenue for parents to reside in the U.S. This category requires the applicant to have an offer of employment from a U.S. employer or to be self-employed.
Petitioning Process
- Labor Certification: For most employment-based categories, the employer must obtain a labor certification from the U.S. Department of Labor, proving that there are no qualified U.S. workers available for the position.
- Form I-140: The employer must file Form I-140, Immigrant Petition for Alien Worker, with USCIS.
- Visa Availability: Similar to family-based immigration, there may be a wait for an immigrant visa number depending on the country of origin.
Visa Categories
- First Preference (EB-1): This category is for priority workers, including individuals with extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers.
- Second Preference (EB-2): This category is for professionals with advanced degrees or exceptional ability, as well as certain individuals with a national interest waiver.
- Third Preference (EB-3): This category is for skilled workers, professionals, and other workers, as well as certain unskilled workers.
Other Legal Means
In addition to family-based and employment-based immigration, there are other legal means for parents to reside in the U.S.
Asylum
Parents who have suffered persecution or have a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion may qualify for asylum in the United States.
Temporary Protected Status (TPS)
TPS is a temporary form of protected status for individuals who are unable to return to their home countries due to armed conflict, environmental disasters, or other extraordinary conditions.
Humanitarian Parole
Humanitarian parole allows individuals to enter or remain in the United States for a temporary period for urgent humanitarian reasons or significant public benefit.
Conclusion
Residing in the United States can be a complex process, especially for parents seeking to immigrate. Understanding the various legal pathways available can help individuals navigate the immigration system more effectively. Whether through family-based immigration, employment-based immigration, or other legal means, there are options for parents to achieve the American Dream and provide a better life for their families.