As with the rest of the United States, California follows state and federal laws when offering support to non-citizens legally immigrating to the region. The most common paths to becoming a legal immigrant are family ties and employment. Read on to learn more about these unique options…
Family Sponsorship Visa
Anyone with family already in the state of California who hopes to become a permanent resident green card holder must follow federal law. They can apply for a sponsorship from an immediate family member who is a U.S. citizen as long as they’re a parent who is 21 years of age or older (IR5 Visa), a spouse (IR Visa), or one or more unmarried children younger than 21 years old (IR2 Visa). A more limited option also exists known as “family preference.”
Although the government gives priority preference to U.S. citizens, sponsorship also applies to family of permanent residents. Immigrants can apply for sponsorship if they’re unmarried children older than 21 years old, married children or siblings of U.S. citizens. A permanent resident’s spouse or unmarried children younger than 21 years old and unmarried children 21 years old and older are also eligible.
In these scenarios, the U.S. citizen or permanent resident serving as the family member’s sponsor must submit a “Form I-130, Petition for Alien Relative” document to the U.S. Citizenship and Immigration Services (USCIS). If the family member isn’t financially stable, they must also complete “Form I-864, Affidavit of Support Under Section 213A of the INA” to prove that they can provide financial support. Another family member can also provide financial sponsorship by submitting “Form I-864A, Contract Between Sponsor and Household Member.” Once they receive approval, they must then complete the separate “Form DS-260, Application for Immigrant Visa and Alien Registration.”
Full-Time Employment Visa
Foreign-born workers with extraordinary abilities, temporary workers, spouses of visa holders, refugees, parolees, asylees, and pending adjustment permanent residence applicants can usually work for a California employer legally as long as they have an initial or renewal Employment Authorization Document (EAD) work permit, known officially as “Form I-766, Photo EAD,” from the USCIS.
Workers must guarantee that they will adhere to all responsibilities and rules in the same way as natural citizens. California follows federal law by requiring that any immigrant with an EAD work permit or their employer submit a “Form I-9, Employment Eligibility Verification” document to confirm their eligibility to work in the state. After they confirm that they’re legally eligible to work, they then pursue an employment-based immigrant visa.
The U.S. offers five main employment-based visa paths. Employment options are available for priority workers (E1 Visa), professionals of exceptional ability or holding advanced degrees (E2 Visa), professionals and skilled and unskilled workers (E3 Visa), special immigrant workers (E4 Visa), and immigrant investors (E5 Visa). Employers typically help foreign-born workers with all forms and requirements, including the completion of “Form DS-260, Immigrant Visa and Alien Registration Application.”
Other Important Considerations
It’s important to note that immigrant students who enter the country with a non-immigration F Visa or M Visa can also pursue legal family- and employment-based paths to become permanent residents while attending school in the United States. They need to submit a “Form DS-160, Online Nonimmigrant Visa Application.” They can then make the separate family- or employment-based request.
That said, the United States continues to be on the watch lists of several countries because of the government’s most recent actions toward visa and green card holders. Legal, political and travel experts don’t recommend that foreign nationals attempt to become permanent residents or even temporarily work or study inside the country’s borders. Additionally, they don’t recommend that current visa and green card holders travel outside of their home state, let alone outside of the country, because of the high risk of accidental deportation to their birth country. The government might also send them to a completely unrelated and possibly dangerous country with few legal support systems or protections in place.