Issues of immigration to the United States of citizens of the Russian Federation and other CIS countries

Those of our fellow citizens who would like to find a job, get an education at a prestigious Western university, move to relatives or open a business in a favorable economic environment are thinking about emigration from Russia and other countries of the former USSR. In addition, many of our compatriots are considering the possibility of political asylum. The United States has been one of the most popular immigration destinations for many years. But before you leave, you need to choose a base. The legislation of the country provides for several legal ways of immigration, from which any applicant can choose the most appropriate for himself. The registration procedure is quite long in time, because it involves many checks by the migration services. Those of the candidates who manage to pass all the rounds of selection receive privileges as a reward, not much different from the rights of US citizens. Obtaining a residence permit can be the first step towards obtaining citizenship. What should a foreigner who decides to immigrate to America know?

Methods of immigration to America from Russia, Ukraine, Belarus, Kazakhstan, Uzbekistan and Kyrgyzstan

Citizens of the Russian Federation and other CIS countries can immigrate to the United States on the basis of:

  • employment;
  • study;
  • opening a business;
  • investment;
  • obtaining asylum;
  • family reunions;
  • marriage / marriage;
  • winning the immigration lottery.

The presence of own real estate in the United States cannot be considered as a sufficient condition for obtaining a residence permit.

Video: how to move to the USA, where to start

Moving for work

The US Embassy in Moscow is located at Bolshoi Devyatinsky Lane, 8

Interview at the embassy

On the appointed day, the applicant must go to the consular section of the embassy for an interview. In addition to the documents already submitted, you must bring with you to the interview:

  • confirmation of registration of delivery of documents;
  • a printed confirmation page of the DS-260 online form completed earlier http://photos.state.gov/libraries/russia/231771/PDFs/Immigrant-Visa-russian-instrux.pdf;
  • the original and a copy of the international passport, the validity of which expires at least two months after the expiration of the visa (i.e., as a rule, 8 months after the receipt of the visa);
  • birth, marriage and divorce certificates (if not the first marriage);
  • for applicants over 16 years of age - a certificate of no criminal record received no earlier than one year before the application was submitted;
  • if there were previous convictions - a copy of the court decision;
  • military ID;
  • medical examination results;
  • 2 color photographs 50x50 mm;
  • receipt of payment of the consular fee;
  • documents confirming the level of qualification of the applicant in the specialty for which he is applying in the United States;
  • information from the employer about the level of wages and the availability of the workplace for the applicant.

Together with the applicant, all family members who go with him to the United States can be present at the interview.

For an interview, the applicant must appear at the consular section of the country's embassy

Work Permit

The employer is responsible for issuing the permit. You can check the current status of the application by clicking on the link https://ceac.state.gov/CEAC/. For more information about the requirements for job seekers in the United States, see the USCIS website https://www.uscis.gov/working-united-states/permanent-workers.

Employment of a foreign citizen in an American company is possible subject to the following conditions:

  • it was not possible to find an applicant from among US citizens who meets the requirements of the employer and is ready to work for the offered wage;
  • hiring a foreigner will not have a negative impact on the wages and working conditions of similarly employed US citizens.

USCIS uses a special preference scale when selecting a foreign worker applying for a particular job. In accordance with this scale, all applicants are divided into five categories.

Table: USCIS preferences when choosing permanent workers

Priority scale Who can apply Is certification required?
First preference level EB-1 Outstanding figures of art, science, sports, business, education, major leaders and managers. No
Second level preference EB-2 Individuals with a college degree and exceptional ability in the arts, science, sports, business, or education. Yes
The third level of preferences EB-3 Professional skilled workers. Yes
The fourth level of preference EB-4 Religious figures, retired diplomatic workers, employees of international organizations, underage migrants under the guardianship of an American court, etc. No
Fifth preference level EB-5 Business investors who invested $500,000 or $1 million in the economy and created 10 jobs in the country. No

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How to move to family

A foreign citizen has the opportunity to immigrate to the United States through reunification with close relatives - parents, children, spouses or brides and grooms living in America. In this case, a relative of a foreigner must be either a US citizen or a Green Card holder.

If a close relative of a potential immigrant living in the States wishes to help him move to the country by obtaining a Green Card, he must prove that he has funds sufficient to sponsor the move and settle in a new place. A citizen or permanent resident of the United States should begin the procedure for inviting relatives to their place with the execution and submission to USCIS of a petition on the i-130 form, which establishes the degree of kinship.

A US citizen has the right to invite family members for permanent residence

Preparation of the necessary documents and invitations

After the petition is approved, the foreign citizen must take a number of preliminary steps to prepare documents, which he will subsequently submit to the National Visa Center. First of all, you should choose an agent who will interact with the NVC: the applicant himself or any authorized person can act in this capacity. The applicant must indicate his choice in a special form i-261, which can be filled out at the Consular Electronic Application Center https://ceac.state.gov/IV/Login.aspx. This form can take up to three weeks to process.

Next, pay the fees by going to https://ceac.state.gov/CTRAC/Invoice/signon.aspx. Payments can take up to 7 days to process before you can proceed to the next step. The applicant must then submit a visa request by completing the i-260 form on the Consular Electronic Application Center website (example: https://travel.state.gov/content/dam/visas/DS-260%20Exemplar.pdf). The confirmation page of the completed and sent document must be printed out in order to take it with you to an interview in the future.

The next step is the preparation of financial documents. The receiving party fills out one of the application forms for financial support of immigrant relatives, provides documentary evidence of their own income and indicates personal data: status, residence, degree of relationship with arriving persons.

The collected papers are attached to the basic package, and a complete set of visa documentation is sent for consideration to the National Exhibition Center. All documents must have two copies and a translation into English. Their study can take up to 6 weeks.

Interview

If the package of documents is approved, the applicant is invited for an interview at the consulate. As a rule, the interview is conducted two months after the submission of papers to the NVC. The date of the interview is communicated to both the applicant and the host relative. By the time of the appearance for the interview, the visa documentation is sent from the NEC to the consular department of the embassy.

Video: how to behave in an interview at the embassy

With him at the interview, in addition to the prepared package of documents, the applicant must have:

  • certificate of passing a medical examination in one of the accredited clinics https://travel.state.gov/content/dam/visas/Medical/MOS%20-%20Moscow.pdf;
  • confirmation of registration for courier services https://travel.state.gov/content/dam/visas/Supplemental/MOS%20-%20Moscow.pdf.

In addition, before passing the interview, the applicant must provide their biometric data - fingerprints and a digital photograph.

All family members have the right to be present at the interview: both the emigrating and the receiving party. If the applicant is not able to arrive on time for the interview, it is necessary to inform the consulate as soon as possible. If the applicant does not appear within a year after the scheduled date of the interview, the request is canceled.

Based on the results of the interview, a decision is made to approve or reject the application. If the application is approved, a visa is stamped in the passport, and the emigrant is given a sealed package with visa documentation, which will subsequently need to be presented to the migration services upon arrival in the United States.

You should not sell real estate in your country, vehicles and other property, or purchase travel tickets until a final decision on your application has been made. Having a visa does not guarantee a smooth crossing of the US border: a customs officer may refuse entry if your circumstances have changed at the time of arrival.

Marriage (marriage)

If a US citizen intends to tie the knot with a foreigner (s), he must complete a petition and submit it to USCIS for consideration. If the petition is approved, it is sent to the national visa center. In the NEC, this document is attached to the rest of the package of papers submitted by the foreign applicant. In the case of a positive response to the petition, a K-1 nonimmigrant visa is issued, which provides for a 90-day stay of a foreigner in the United States, during which the marriage must occur. Immediately after that, a foreign citizen has the right to apply for a Green Card. If the applicants do not fit into the allotted time, the status of the bride or groom is canceled, and the foreigner becomes an illegal immigrant.

Having received a fiance (groom) visa, you must get married (get married) within the first 90 days of your stay in the country

There are several ways in which US citizens can assist in obtaining resident status to persons who do not have the citizenship of the country, or resident status, while wishing to marry a citizen of the country.

The first way is to obtain a fiancé/fiancé visa, for those cases where the intended spouse is abroad and the marriage is planned in the United States. This visa allows the fiancé/bride to visit the US for up to 90 days for the wedding ceremony. After marriage, the spouse has the right to apply for permanent resident status, and remain in the country for the period of consideration of the application. If this option is selected, Form I-129F, Petition for Alien Fiance, must be completed. It is available for download in the “Forms” section of the www.uscis.gov website. If the submitted Form I-129F is accepted by USCIS, it will be forwarded to the National Visa Application Center, which will review it and send it to the nearest US embassy or consulate to the bride / groom's residence. The Embassy or Consulate will invite him/her for a visa interview.

The second way is to marry abroad. If the marriage does not take place in the United States, the US citizen spouse may apply on Form I-130, Petition for Alien Relative. For more information about the I-130 petition, please refer to the user guide. A1, I am a US citizen, how can I help my family member obtain US permanent residency? (I Am a U.S. Citizen…How Do I…Help My Relative Become a Permanent Resident of the United States?)

US Consul

http://us-immigrant.com/forum/index.php?threads/How-to-help-your-fiancée-become-US-resident.452/

asylum

The basis for granting asylum may be persecution in the country of permanent residence:

  • for racial or national reasons;
  • for religious reasons;
  • for political activity;
  • on the fact of belonging to certain social groups (for example, being of non-traditional sexual orientation).

An applicant for refugee status must be prepared to provide the migration authorities with sufficiently convincing documentary evidence of harassment by the authorities in his country, because of which he fled. You can apply for protection both from the territory of your country (for refugee status), and while already in the United States (asylum). If the applicant has already arrived in the country, then he must apply for asylum no later than one year after arrival.

The U.S. asylum application package must include a correctly completed Form i-589

Procedure

Issues of granting refugee status in the United States are the responsibility of the USCIS naturalization and immigration service. It is necessary to start the procedure with the preparation of a package of documents - a case. The list of papers usually looks like this:

  • list of documents;
  • completed form i-589 https://www.uscis.gov/sites/default/files/files/form/i-589.pdf;
  • 2 photographs 50x50 mm;
  • story;
  • Country Condition - a description of the political situation in the country from which the migrant arrived, taken from official sources;
  • passport;
  • birth certificate of children;
  • marriage (divorce) certificate;
  • supporting documentation: photos and videos, letters, appeals to the police, newspaper articles, etc.

In order to correctly assemble a case, many turn to specialized lawyers, whose services can cost from 4 to 8 thousand dollars. All papers must have two copies and a translation into English. The case sent by mail is considered in USCIS for 1.5 months. After about 7 days, the applicant will receive a notification that his request has been accepted for consideration: from that moment on, a foreigner can take advantage of some of the benefits of legal stay - obtain rights, for example, or find a job 150 days after submitting the request (regardless of the stage at which he is consideration).

The next step is to go through the biometric data submission procedure, to which the applicant will be invited 10 days after the application is accepted. The certificate of biometrics received in your hands will always need to be carried with you as confirmation of the legality of your stay in the country.

Providing biometric data is a mandatory item for obtaining a residence permit in the country

Interview

A favorable outcome of the consideration of the application can largely be predetermined by good preparation and passing the interview. The applicant, as a rule, reproduces the information presented in the story at the interview, reinforcing the story with documentary evidence. In addition, it will be necessary to answer the questions of the USCIS officer, which will form the opinion of the officer of the department regarding the possibility of granting political asylum to a foreign citizen. As a rule, the main goal of the applicant at the interview is to focus on the fact that the application to the migration services is connected precisely with harassment in their country, and not with a bad economic situation or other reasons. The applicant has the right to invite an interpreter with him to the interview.

Rights of an immigrant who has received political asylum

The presence of Asylum entitles a foreign citizen to:

  • to find a job immediately after receiving the status;
  • bring your family home;
  • apply for a Green Card in a year.

In addition, a foreigner who has been granted asylum in the United States can use the services of a case worker - a representative of a public organization dealing with the adaptation of immigrants, receive an allowance of $ 400 for 8 months, take free English courses, use food stamps and, in case of incapacity to receive a pension.

If you have absolutely no means of subsistence, this may help substantiate an application for a PD, but you must understand the following.

1. First you need to somehow get to the US.
2. Your case will almost certainly not be resolved at the interview, most likely you will be transferred to the court.
3. You will have to wait years.
4. You will not receive benefits while you wait. If you are disabled, then the right to work, which you will receive after some time, will not help you much.
5. Lawyers have to be paid and housing has to be paid, and several orders of magnitude more than what you pay in Crimea.

This is not an easy path, starting with the main question - how to get to the USA.

Another option is to try to apply not for asylum (Asylum), but for refugee status (Refugee). Getting it is much more difficult than asylum, but you can apply for it in Ukraine.

http://www.rususa.com/forum/message.asp-msgid-357366-start-781

How to go to America to study

Moving to the United States for the purpose of studying involves obtaining a student visa type M-1 or F-1. You can submit a request under the following conditions:

  • enrollment in one of the educational institutions of the country;
  • availability of funds for training;
  • availability of housing in the USA;
  • the applicant's knowledge of the English language;
  • approval of the institution by the customs and migration services as having the right to accept foreign students.

An F-1 visa entitles you to study at a university, college, or language course. The M-1 visa is for advanced training or vocational training.

Studying in the USA requires a student visa

Documentation

Before applying to the consular department of the embassy, ​​the applicant must prepare the required package of documents:

  • a printed page of an electronically completed DS-160 http://ceac.state.gov/genniv/;
  • valid passport;
  • a visa photo sized 50x50 mm that meets the established requirements http://www.ustraveldocs.com/ru_ru/ru-niv-photoinfo.asp;
  • a completed and school-approved form i-20;
  • SEVIS Fee Payment Receipt (Form i-901);
  • an invitation to an interview;
  • confirmation of financial solvency;
  • existing diplomas and certificates of education.

You can sign up for an interview by clicking on the link https://cgifederal.secure.force.com/?language=Russian&country=Russia. In addition to the listed papers, the applicant has the right to take with him any supporting documents that may serve as an additional argument in favor of a positive decision following the consideration of the request.

Is it legal for a student to work?

In general, students have the opportunity to work within the campus no more than 20 hours a week. During the holidays, students have the right to work full time. Off-campus work must be approved by USCIS, i.e. special permission will be required. If a student has unforeseen financial difficulties, he may be given the opportunity of additional part-time work.

Video: how to find a job in the USA for a student

Emigration of investors

The USA is consistently among the leading countries in attracting foreign capital (along with China, Hong Kong, and the UK). Foreigners who wish to invest in the US economy can take advantage of the government's EB-5 investor visa program. Opening and doing business in the United States is fully supported and stimulated by the state, the most favorable conditions for potential investors are created in regions with a low (compared to other territories of the country) level of development.

Every year, 10,000 foreign citizens have the opportunity to obtain an EB-5 visa. Among the advantages of owning such a document: the right to permanent residence and an accelerated procedure for obtaining citizenship. Participation in this program provides for the creation of a minimum of 10 jobs for US citizens or persons legally residing in the country, or an investment of capital in the amount of at least 500 thousand USD - for depressed areas of the economy or lagging regions, and 1 million USD (or more) - in other cases.

Unlike other types of visas, the EB-5 does not require the applicant to have language skills, qualifications, or education. If at the time of filing the application the applicant is in his own country, you should apply for a visa at the consular section of the embassy. If he is already in the United States legally, you should submit a request to the migration authorities to change the status. It usually takes 9 to 12 months to process an application.

Among the requirements for a potential investor is the legal origin of capital: it will be necessary to submit tax documentation, donations, etc. An investment is provided both in the form of finance or equipment, and in the form of intellectual property, for example, copyrights.

Green Card Lottery

Participation in the Green Card Lottery draw opens the doors to 50,000 lucky people in the USA every year

How much does registration cost

The amount of the consular fee depends on the type of permit. Prices are in dollars, but payment is only accepted in the currency of your country. For example, Russians deposit money in rubles.

Table: fees depending on the type of visa

Visa type Fee amount, $
Student F 160.00+200.00 (SEVIS fee)
Student M 160.00+200.00 (SEVIS fee)
Groom (bride) 265,00
Immigrant visas 165,00

Departure to the USA and obtaining a residence permit

After receiving a visa, you need to enter the territory of the United States within 6 months. After that, you have to legalize - get a residence permit card. Officially, the document is called the United States Permanent Resident Card, in everyday language - Green Card (Green Card, Green Card). It will be both an identity card and a confirmation of the right to legal residence in the United States. With a card, you can live in all areas of America, from Miami to Alaska, and travel abroad.

Upon expiration, the document is renewed. To do this, you need to be a law-abiding resident, pay all due taxes and spend most of the time in America. If a foreigner went abroad for a period of six months or more, the card may not be renewed.

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How to stay in America forever

You can always live in the USA on a green card, periodically renewing it. But for this you need to comply with all the conditions of immigration laws. If they are not observed, the residence permit may be deprived.

After permanently residing in the country legally for 5 years, one can apply for citizenship. To do this, you need to pass exams in English, the history and constitution of the country and take an oath of allegiance. US authorities cannot revoke citizenship and expel a passport holder from the country.