Moving Regulations - USA


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Moving Regulations - USA
There are 4 main ways to immigrate to the United States from Australia:
• through an immediate family relationship;
• through the Diversity Visa Lottery Program;
• through employment;
• through investment.

In order to be eligible to apply for an immigrant visa, a U.S. citizen relative or a prospective employer must sponsor a foreign citizen. Unlike other immigrant categories, Immediate Relatives are not subject to numerous restrictions under immigration law.

Note that persons who arrive at the Consulate without an appointment will not be permitted into the Consular Section. Immigrant visa applicants and petitioners must have prior appointments.

Immediate Relatives
Here belong the parents of a United States citizen who is over the age of twenty-one and the spouse and minor unmarried children of a United States citizen. Aunts, uncles, grandparents, cousins, and in-laws cannot sponsor a relative for immigration.

The first step in applying for an immigrant visa is for the American citizen to file in person through one of consulates Form I-130 (Petition for Alien Relative). For each immigrating person a separate petition must be filed. If the petition is approved, your spouse/child/parent will need to complete all documentary requirements, including police clearances and medical examinations. After that he/she must have an interview with a consular officer in Sydney before an immigrant visa is approved and issued.

Fiancé(e) Visa
The visa classification K-1 applies to aliens moving to the United States for marriage with American citizens. The spouse has to get marry within 90 days of their admission into the United States. After the marriage, the alien spouse must apply to the U.S. Citizenship and Immigration Service (USCIS) to establish a record of entry for conditional permanent residence status. In 2 years, the alien must apply to the USCIS for removal of the conditional status.

Employment Based Immigrants
Persons intending to immigrate in one of the employment based preference categories listed below must have their U.S. prospective employer file Petition form I-140 with the USCIS in the United States.
• members of the professions: professionals holding advanced degrees and persons of exceptional ability in the sciences, arts and business;
• priority workers: persons of extraordinary ability in the sciences, education, arts, business or athletics; outstanding researchers and professors (applicants in this category must have extensive documentation showing sustained national or international recognition in the field of expertise.); certain multinational managers and executives;
• professionals, skilled and unskilled workers: skilled workers with at least two years of experience, professionals holding baccalaureate degrees and other workers whose skills are in short supply in the United States;
• investors: persons who create employment for at least 10 unrelated persons by investing capital in a new commercial enterprise in the United States. Depending on the employment rate in the geographic area, he minimum amount of capital required is between $500 000 and $1 000 000.
• special immigrants: certain ministers of religion and religious workers, specially qualified and recommended current and former employees of the United States Government and certain international organizations employees and their immediate family members.

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