What is needed to bring someone from another country to live in the US?

Full Question:

I want to go to the Philippines and bring some one back to us. What will it take? What will she need to come with back to the United States, and how long will it take?
05/04/2009   |   Category: Immigration   |   State: ALL   |   #16539

Answer:

The answer will depend on the facts involved, such as the relationship of the person to you and your legal residency status. If you are a relative, seeking to sponsor his/her immigration by reason of family relation, you must be a citizen or lawful permanent resident of the U.S. and be able to provide documentation providing that status. You must prove that you can support him/her at 125% above the mandated poverty line, by filling out an Affidavit of Support.

Another way people immigrate to the United States is based on employment. As an employer (oor prospective employer), if you want to sponsor a foreign national to become a permanent resident based on a permanent job offer, you and the foreign national would need to go through a multi-stage process. The process starts, in most cases, by you first obtaining an approved Labor Certification Application (LLCA) from the U.S Department of Labor (DOL). After the LCA has been approved by the DOL, you would then continue the process by filing Form I-140, Immigrant Petition for Alien Worker, on behalf or the foreign national with USCIS. If prior DOL certification is not required, the sponsoring process will start with your filing of the Form I-40 with USCIS. The Form I-40 is available at www.uscis.gov . Sometimes, the foreign
national can combine the Form I-40 with a permanent resident application. For information on all of the filing requirements and fees for a labor certification request with DOL, please visit that agency’s website at www.dol.gov .

There are other considerations and applicable rules, depending on the facts and circumstances involved. I suggest you consult a local immigration attorney.

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