The U.S. immigration process can seem like a maze, especially if you want to migrate to the hub of opportunity: New York. You may wish to obtain a Green Card or visa or apply for citizenship; in any case, the intricacies of the immigration laws can overwhelm you. 

This is where you must seek the assistance of an immigration attorney, New York-based service. A proper understanding of the law, under the guidance of legal professionals, increases your likelihood of legally entering New York City to enjoy resident benefits. 

Let us explore the essential aspects of immigrating to NYC and how a qualified attorney can help you. 

An Overview of New York Immigration Law and Procedure

First and foremost, you need to know the basics about U.S. immigration law for New York City. The U.S. immigration laws classify people into either immigrants or nonimmigrants. The word immigrant refers to a foreign national who intends to reside permanently within the United States. In contrast, a nonimmigrant is someone seeking temporary entry for reasons like tourism or studying.

The laws provide different visa categories to help you enter NYC: 

1. Permanent or Immigrant Visas: These options involve Family-sponsored visas, employment-based visas, and the Diversity Visa lottery.

2. Temporary or Nonimmigrant Visas: These options range from student visas (F-1, M-1) to work visas (H-1B for specialty professional occupations) and tourist visas (B2).

The eligibility criteria and application process for each visa category are different. Thus, to learn more about requirements, consult an immigration attorney, a New York-based legal service provider. For instance, one reliable legal service provider is Di Martino Law Group. The firm has expertise in international immigration laws, making it easy for you to get visa approvals. 

The NYC Immigration Application Process

There are many steps involved in going through applying for immigration, including: 

1. Check Eligibility

The first step is determining if you qualify for a specific visa category. If you apply for an immigrant visa, you will have two options: family-based, employment-based, and diversity visas. For family sponsorship, you must share a relationship with the Green Card holder, such as a spouse, unmarried child (minor and below the age of 21 years), or a parent.

You can also apply as an extended family member with a limited yearly quota. 

Next, to apply for employment-based immigrant visa, you need advanced degrees or prior work experience. One of these categories is EB-1, also known as first preference, which is for aliens with extraordinary ability. Next is EB-2, also known as the second-preference; for professionals holding an advanced degree or someone with exceptional ability in the sciences, arts, or business. Additionally, there is the EB-3, the third preference for skilled and other workers.

For diversity visas, you must possess a high school education or equivalent qualification or at least two years of qualifying work experience. You must be selected in the DV Lottery and must have an immigrant visa at the time of applying for this program.

However, if you choose nonimmigrant visas, you can apply for work visas and student visas (F-1). You need an offer letter from the U.S. employer for the temporary work visa. The types include H-1B specialty occupation, H-2A temporary agricultural workers, and L-1 for employees transferring within the same company. Meanwhile, for student visas, you must be accepted by a recognized school, possess the required financial capital, and submit an I-20 form.

2. File the Petition

Once you collect the needed documents for your specific visa category, submit the application to the U.S. Citizenship and Immigration Services (USCIS).

3. Adjust Status or Go Through Consular Processing

If you are already in the U.S. on a valid nonimmigrant status – such as with your H-1B visa, then you can apply for a Green Card. However, if you are outside of the U.S., you need to go through consular processing at the embassy or consulate in your home country. 

4. Attend Interview

You must attend an interview by USCIS or in the U.S. Embassy/Consulate in your country of origin. Once the interview is completed, wait for the authorities' decision. Once approved, you will get your visa or Green Card.

How Qualified Immigration Attorney Helps You

A qualified New York immigration attorney undertakes a range of legal proceedings on your behalf to help you pass through the intricate process of immigrating. They can help you in many ways, such as: 

1. Filing Applications as per Updated Legal Framework 

Immigration law changes frequently, making it challenging to keep up with the laws. An immigration attorney remains up-to-date with the law and ensures your application follows all requirements, something many self-filers stumble on.

2. Personalized Legal Advice

Your situation is unique, and an attorney can analyze the particular facts of your case and provide you with tailored legal advice. For example, they will evaluate your case in terms of eligibility, which type of visa shall best work for you, etc. 

3. Preparation of Documents and Submission

One of the most time-consuming steps in any immigration process is collecting all paperwork. Your immigration attorney eases out this pre-application step. They help with the collection, accuracy, and filing of all required documents.

4. Representation at Hearings

If you face legal issues or need legal representation during interviews, your attorney can advocate on your behalf in court. They are well familiar with these situations and provide good support to tackle complexities effectively.

5. Ongoing Support

Just because you submit your applications does not mean the immigration process is complete. Your attorney will update you on the status of your case, help fulfill any requests for additional information from USCIS, and file further applications if required.

Ready to Grab Better Life Opportunities in New York? 

The proper legal support makes navigating through the complex immigration law in NYC easier. It is because you have all our professionally educated minds working at your service. So, connect with an experienced immigration attorney New York service provider who knows the ins and outs of the relevant regulations. They offer strategies that will significantly increase your probability of success and reduce the stress of filing your application. 

FAQs 

1. Can you apply for a Green Card while residing in another country?

You are eligible to get a Green Card even though you are currently living outside the U.S. For this, you need to go through the consular process as required by the USA immigration regulations. You first need to get an approved petition, which then gives you the option of 

applying for an immigrant visa at a U.S. consulate in your home country.

2. How many months the consulate will take to process your immigration application?

The length of the immigration process depends on many variables, including what type of visa you are applying for, how busy USCIS or consulates you need to visit are, and whether there is any kind of backlog causing delay. Thus, it can often take a few months to several years on average. 

3. What to do after your visa refusal?

When your visa application is refused, U.S. consulates will generally provide you with a denial letter that explains why your application has been denied. An immigration attorney can assist you in exploring your legal options, including appealing the decision or reapplying with additional supporting documents.