First Step

[Sheila Fresco]

Hi everyone,

Could someone pls advise me the first step to emigration. is it - contact a lawyer and/or company that specialises in visa's, is it better to take advice from someone here in the u.k. or in the u.s.?
Reading that it could take up to 2 years i need to make a start..... are u allowed to recommend someone on this board>>>>
Much appreciated.

[steph_goodrum]

Sheila
The first step is to read the Government Visa websites and find out if you may be eligible for a Visa and the best kind to apply for in your circumstances. There are a great many of us homeowners here who would love to make the move over but realise that without a massive cash investment it will never be a reality because the US immigration policy is so strict, even investing the money isn't good enough because you have to be successful enough at the business to have your visa renewed every 2-5 years depending on conditions.

[Kevin Michael burke]

Shiela,

The process of immigration to the United States is complex. Many people may spend years thinking about it and give up after receiving wrong or confusing information from friends, relatives, and even U.S. immigration officials.

There are many different visa categories, both immigrant (permitting lawful permanent residence in the U.S.) and nonimmigrant (permitting only temporary residence in the U.S.). Below is some general information on different types of visas.

Immigrant visa categories are generally based on the personal merits of the applicant (including education, career skills, and financial means), on refugee status, or on immediate family connections.

To obtain an employment based green card, applicants must be skilled/educated - and have a job offer. The process generally is three-fold:
(a) the employer must first obtain a "labor certification" from the U.S. Department of Labor (DOL) (showing that you or your husband will fill a position that the U.S. employer cannot fill with a U.S. worker)
(b) the employer applies for immigrant visa classification
(c) you then apply for lawful permanent residency in the United States or consular processing overseas.

Most immigrants cannot apply for an investment based green card, as applicants must invest in a new commercial enterprise which will create full-time employment for at least 10 persons other than the investor’s spouse and children with the usual minimum investment being US$1 million, but may be US$500,000 if the investment is in a designated rural or high unemployment area.

To obtain a family based green card, you must have a close relative who is a U.S. citizen or permanent resident. This I assume you don't have.

Nonimmigrant visa categories are more varied. There are more than 20 different kinds of nonimigrant visa categories and each is identified by an alphabetical designation. They are generally issued for specific purposes such as study, holiday, business, employment, investment, or diplomatic need. Nonimmigrant visas can usually be quickly obtained, sometimes even within days of applying, as there are no quotas,. These visas generally come with different privileges.

All people who enter the United States on nonimmigrant visas are considered to be there temporarily. If you are there on a temporary nonimmigrant visa and you start the permanent resident process, the law generally believes that you have "lost" your intent to stay temporarily because you now wish to immigrate (i.e., stay permanently in the U.S.). There are a few nonimmigrant categories that allow a person to have dual intent, that is, to intend to be here temporarily now but eventually to immigrate. In these categories, international travel and extensions of stay are not a problem. However, these categories have limitations, which means that you have to do some planning. The most common dual-intent visas are the H, L, and E visas, which you may want to look into further.

As with most things in this world, there is no perfect solution. What option is best for you depends on your circumstances. Immigration laws are confusing and appear to be contradictory. I hope that this information has helped.