How to get to the USA?

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  • Přidal/a: anonymous
  • Datum přidání: 01. července 2007
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How to get to the USA?

Immigration law is in binding form, which means that it exactly explains all relationships that occur in connection with it.
It is said that it is difficult to get to the USA, is it really so? The treaties, rules that an alien must follow vary as much as every alien varies from the other. Mainly because of this it is difficult to get to the USA. For every step, possibility and situation there is law that fits and thus for some foreigners it makes it more difficult to get to the USA, for Americans it just protects their country from dangerous aliens. It is a responsibility that every sovereign state has… Some may think that states are responsible for foreigners in their country. Well, not exactly. They are responsible just for few acts that are directly connected with them. According to Malanczuk, P. Akehurst –“a state is not responsible for the acts of private individuals, unless they were in fact acting on behalf of that state or exercising elements of governmental authority in the absence of government officials and under circumstances which justified them in assuming such authority.”
But the state is liable for some things that are done to individuals. Even an alien has certain rights. The omission for which state is responsible includes:
1, encouraging individuals to attack foreigners
2, failing to take reasonable care to protect the individuals. The reasonable care depends on circumstances.
3, obvious failure to punish the individuals
4, failure to provide injured foreigner compensation from the wrongdoers
5, obtaining some benefit from individual’s act
6, express ratification of the individual’s act


 1, How to get to the USA and become a part of it?

How to become a part of the USA? The process of becoming a United States citizen is known as naturalization. And basically it is controlled by the Immigration and Naturalization Service /INS/. To become a legal „part“of the USA, one must spent legally some time in the USA – usually 5 years. But even when one becomes part of the USA there are few things that remain just for American people. They include: Social Security, passport of the United States, the right to vote etc. This appears at least to me a reasonable rule. The USA is probably the most honored and he most hated country in the world. It I just wise to protect their citizens on the grounds of a law. The most basic way how to remain in the USA legally, for some of us, means to marry an US citizen.

When such person marries an alien, that alien is may receive a green card based on that marriage. Then an alien becomes „immediate relative“. Of course marriage must be bona fide and it is perfectly clear that under the immigration law you will be asked all sorts of documents to show that your marriage is valid. Well this rule is based on the human rights, at least to me. Every individual has right to settle where he wishes to and the most nature fact is with whom he wishes to. Lately this point is as dreaming on the side of American officers, it is pretty obvious that many people get married because of permission to leave in the USA. On the other hand if it wasn’t permitted it would certainly be unfair for those that are really in love and wish to settle in America for the sake of their family.
Secondly there is a way how to get to the USA. If one has a relative there with permanent resident, one can thus become a lawful permanent resident under the Immigration and Nationality Act. But be aware even this „happiness“is not forever. More to the point, there are two groups of immigrants: unlimited and limited. Unlimited part consists of immediate relatives, thus people who got married in the USA, parents, widows, spouses and children. This group does not have to wait for immigrant visa number, it will be provided to them automatically by INS after their U.S. residents have filled I-130 Petition for them. Under this binding resolution it is made clear that the USA allows family to be together, but shows as well what enough is. The American immigration law is strict on one hand and friendly on the other.
And then here is the third way how to get to the USA. I like this one more than the first solution. In this case an Alien invested some money into American economic, thus created some organization, shares some part of organization and wishes to come to the USA to coordinate his business. This person – let’s call him investor – receives non-immigrant visa called E-visas.
Between these business visas are E-1 and E-2 visas - Treaty Traders and Treaty Investors. They are owners and key employees of some business that have a trade between the USA and their home country, have created jobs for US citizens, invested money into US economy. But to apply for this a home country must have signed Treaty with the United States.
I assume that the easiest way how to obtain visa is to have some college degree or higher education / study hard /. If a person with college degree / at least four year baccalaureate degree / is offered a job.

In that case one obtains H-1B visas – that can be obtained in less than 30 days. But be aware, such visas are valuable just for the period from 1 up to 3 years. And is valuable just in the case you still work for a person that offered you a job. Most common areas of interest are: medicine, nurses, journalists, researchers, scientists, information technology professionals and accountants.
In regard with education the USA is generous. Between most common visas are J-1 visas that are offered in the case of exchange visitors. Means that from particular areas of their interests, mainly medicine, they allow exchange of visitors and thus a worker is able to study, participate on some project and work in the USA for a period of time 2 years.
There is built mechanism in general standards recognized by nations. To judge the USA one must have all information. The USA is fully within this standard, but as a “great power” it falls behind in some cases. The USA is very strict concerning the flow of foreigners to their country. It accepted just the parts of general standards covering areas of: business and education. In other cases Americans are rather strict and no one would ask why after September 2001.
 2, this short article will answer some of the most frequently asked questions and answers about the immigration law of the USA. One of the most asked questions for us aliens remains the information about “what if I risked it and remained in USA illegally?” They have simple process with aliens that break immigration law. If one stays in US for more than 6 month illegally one is thus barred from the USA for the period of time – 3 years. If illegal period spent in the USA is more than 1 year in that case a person is barred for more than 10 years. Here it can be clearly seen why immigration law is in the binding form. It provides clear rules, steps that are divided into groups and that must be strictly followed. / that is according to me right. /
The second question is usually what categories of temporary visas are in the USA. First there is H-1B Specialty Occupations that I have written about before. Then there is J-1 visas Exchange visitors, concerns mainly various educational institutions and organizations. This is important mainly for medical training and this visa holder complies a two year foreign residency. As I have mentioned above then there are Treaty Traders E-1 and Treaty Investors E-2, for investors and businessmen that are coming to the USA.

Then there is not yet mentioned part of the visas - L-1 Intracompany Transferees, this touches mainly management. If one has been outside the USA as a manager, executive or a person with specialized knowledge he gets L-1A and L-1B visas. But still there are differences in this as well. The immigration law clearly states that the company into which you are transferring cannot be fully American one, it must be a subsidiary, joint-venture branch or affiliate of the non-U.S. company! The last type of temporary visa is R-1 visas, meaning for religious workers. To qualify for this type of visas you must be a member of a religious denomination for at least 2 years and have a religious job offered in the USA. These temporary visa categories include: temporary trainees H-3, persons of extraordinary ability in the arts, sciences, education, business or sports and athletes and entertainers.

So even America is strict when issuing visas, their behavior is not as negative as most of foreigners think. The American immigration law takes care firstly of economic / traders and businessmen visas /, education / lot of exchange possibilities and work opportunities for highly skilled professionals /, religion etc. This is all pretty interesting but the most challenging way how to obtain visas is to win a Green Card Lottery.

 3, nonimmigrant and immigrant visas
Nonimmigrant visas: means temporary visas, when foreign nationals enter the USA temporarily as tourist, business visitors, students, workers and many other people that are coming to the USA not forever but for a small period of time. Usually are issued at US embassies and consulates abroad. This is rather difficult because a person working at embassy must be convicted that after allowed period of time every foreigner will return back home and will not remain in the USA illegally. One thing that is rather strange is that after you obtain visas for a certain period of time and certain number of entries, it is not sure that you will get to the USA. The final decision is made by working officer at US port. Usually he allows entrance, so do not be scared. But this point should be changed in the immigration law of the USA. It does not make any sense.
GREEN CARD: this is a registration that allows alien to work and live in the USA basically-said “forever”. An alien must spend four years and nine months in the USA and then he can become US citizen. There is lottery taken every year and the winner of such lottery can become a legal US citizen a holder of green card.

This is maybe a game of luck, but just recently a girl from a small village in Slovakia won, she got married and she is happily / I hope so / living with her husband in the USA. I am not sure who did create this. It is strange and not common. I think this should be even excluded from the legal obtaining of permission to leave. Under this part of emigrational law it allows every foreigner that wins to enter the USA, either he is murdered, killer, and terrorist. I do not understand this part of their immigration law. It should be more restricted.

 4, Labor Certification Conversion Regulation
This labor certification conversion became effective on 4 September 2001. It is converting traditional labor certification applications into request for reduction in recruitment. All rules all applications that were filed on or before August 3, 2001 may be converted to reduction in recruitment cases. All that this is about is that Department of Labor hopes that new system in accepting labor applications and that a new labor program will be created. This means that all employers must ensure that there is no US citizen available for opposition before accepting non-US citizen and also that wages and other working conditions for the job are acceptable.  5, K-visas
It was initially enacted in 1994.
In the year 2001 president announced an expansion of K-visas. The Legal Immigrant Family Equity Act – LIFE also tries to expand the use of the K-visas. These visas are also connected with marriage. It seems to me that all ways how to get to USA go through marriage. The main reason can be that it is so much difficult to get to the USA. K-visas are reserved for fiancés and fiancées of US citizens and their minor children. Such visa holder must after receiving his visas and entering the USA marry US citizen within 90 days of his arrival. At the time of writing visa petition must be outside of the USA not inside of the USA. In the case the marriage is taking place outside of the USA such petition must take place outside of USA in the consular territory where marriage took place. Of course still there will be exams and they will be checking if such marriage is legal under immigration law, if those people have met in last two years in person before marriage took place. The Legal Immigrant Family Equity Act created K-3 and K-4 visas, to obtain K-3 visas the applicant must be married to US citizen, who fills an immigrant petition on his/her behalf, meaning to fill the form I-129F. K-3 and K-4 are part of nonimmigrant visas.

It’s the same as I have mentioned previously, if a marriage took place outside of the USA it is up to foreign embassies to take proper actions, if a marriage takes place inside the USA it is up to US embassies to fill proper applications. The applicant of K-3 visa will be admitted to the US for two years. K-4 visas are similar, almost the same, just that the applicant will be admitted to the USA for the period of time 2 years, but it can have and additional information until 21 years old. People with K-3 and K-4 visas eligible for employment authorization as well, while for K-1 and K-2 visas one must fill the I-765 application. K-3 and K-4 visas can be extended after their period 2 years. K-3 and K-4 visas – when they are denied the citizen must leave the USA at least for a period of time 30 days and just after this period apply again. During this period he cannot work.
 6, V-visas
- are used by spouses and children of permanent residents whose applications for immigration have been pending for at least three years.
- to be a subject to this visa an applicant must have an application for immigrant relative that was filled on or before December 21 2000. His petition must have been pending for three years at the time V-visas are filled. If the qualifying application is denied. the v visa status terminates 30 days after the date of the denial. However here are rules as well, if person after obtaining V-visas ever falls out of valid status, they will not be allowed to apply for adjustment of status. It includes 1000$ penalty fee if they will be under section 245. If a person is deported from the USA and then returns to the USA without permission such person will be deported again. This is really interesting. I have read that when one is sick can get visas in the USA. Even a person that is e. g. HIV positive. Just this person needs to prove that does not need anything from state. Is secured – concerning money in the case of healing. And is not going to cause danger to the civilization of the USA. This does not seem to be very logical, to allow sick people and maybe dangerous ones to enter a state. So I would like to find all possibilities why and how. As well as all sicknesses that are „allowed to" enter. This part is the interesting one.
 7, waivers for Health Ground
It all began in 1957, when congress began creating waivers of inadmissibility. In 1963 the waivers became part of immigration law. “The waiver for communicable diseases is available to spouses, minor children and unmarried sons and daughters of citizens and permanent residents. The waiver for vaccinations is available in one of two ways.

First, a physician can make the determination that the vaccine is medically contraindicated. The second way is based on religious beliefs or moral convictions that forbid the immigrant from obtaining the vaccination. Waiver of the physical and mental disorder is also available. “
Immigration law of the USA is perfectly made. I think that it is similar to every standard use din developed countries. Lately, after September last year they fall a little bit behind. But this is understandable development of immigration politics and I suppose that can be considered as standard in international law, because every developed country would behave the same way as the USA does after such attacks. I would not change their immigration law, politics, and behavior. One must admit that in international law and its development the USA were a little bit aside and usually kept themselves out of the European development and created their own great power. But even if the USA likes it or not in regards to immigration law they accepted the same, or almost the same, standards as does the „great power“– the European Union.

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