Immigration in the US is a complicated process, so I want to share anything I learn that can help the process be easier.

21st July 2011

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Permanent Visa Status From UK to USA

If you are a British citizen wanting to move to the US or Canada you will have to go through many different channels.  Each case is different and it is always best to get the counsel of an attorney that specializes in this subject.  Whether is it is just advising you about special circumstances or for the application of your visa.

Obtaining Your Permanent Visa

The difficulty for obtaining a permanent visa to the US is greater than trying to obtain a visa for Canada.  However the most common in the United States is through the Family Visa or through the Skilled Worker Program; the advice of an attorney may create some other means to obtain your visa.  When a British citizen marries a US citizen this is a family visa and the paperwork, interviews, etc are lengthy and time consuming.  The Skilled Worker Visa is a bit different; if a company wants to employ a non American for a certain position it must contend that no US citizen can perform this particular position.

Entering on a Temporary Visa to the US

If you are not able to obtain a permanent visa then the next course of action should be a temporary visa.  This will allow up to six months to live and work here in the US.  You can also attempt to get a student visa; if you’re a student or newly graduated from college.  If your interest lies in studies then you should utilize the Study Abroad Program so that you can study at an American university; you will not be able to seek employment on this visa.
Once you are in the United States then you can start to work on a status change; which is not easy and you should get the counsel of an attorney for this.  There are two popular ways that have been used for this; marriage and employment.  Both of which requires contact with the Immigration and Naturalization Service (INS) and they are not something to challenge on your own.

Permanent Resident of Canada

The Commonwealth relationship of Canada and the UK makes it much easier for British citizens to become permanent to Canada.  Although it is basically the same as trying to enter the US, a British citizen, under the age of twenty eight, can get a two year work visa.  During this time they can create contacts and research becoming a permanent citizen.

The Need for an Immigration Attorney

If you think just printing up a form, filling it out and simply have it approved is how it works then you haven’t ever done this before.  A quality immigration lawyer will help you utilize the right form, get it to the appropriate office and navigate you through the very difficult process.  Thus, increasing your likelihood of achieving a permanent visa.