How can a Russian come to America?

From Russia, With Dreams: Pathways to American Residency

The allure of the United States, with its promises of opportunity and a fresh start, continues to draw people from all corners of the globe. For Russians hoping to trade birch trees for skyscrapers and permanently reside in the US, the path, while potentially complex, is navigable with careful planning and the fulfillment of specific requirements. The key element to unlock the door to permanent residency (a Green Card) lies in finding a qualifying sponsor.

Unlike some countries, simply wanting to live in the US is not enough. A Russian citizen seeking to immigrate must have a sponsor, typically in one of two categories: a qualifying family member who is already a U.S. citizen or lawful permanent resident (Green Card holder), or a prospective employer ready to offer a legitimate job.

Family-Based Immigration: The Bonds That Bind

For many, the most natural route involves family ties. U.S. citizens can sponsor certain relatives, including spouses, children (married or unmarried), parents, and siblings (though the latter category often faces longer wait times due to annual quotas and country limits). Lawful permanent residents can sponsor spouses and unmarried children.

The process begins with the U.S. citizen or permanent resident filing a petition (typically Form I-130) with U.S. Citizenship and Immigration Services (USCIS) on behalf of their Russian relative. This petition establishes the qualifying relationship. Once the petition is approved, and a visa number becomes available (depending on the category and annual limits), the Russian beneficiary can then apply for an immigrant visa.

It’s crucial to understand the concept of preference categories. Some family relationships, like immediate relatives of U.S. citizens (spouses, children under 21, and parents), are not subject to annual quotas. Other relationships fall into preference categories with varying wait times, often influenced by the applicant’s country of origin. This means that even with an approved petition, a Russian citizen might have to wait several years for a visa to become available.

Employment-Based Immigration: Building a Future

The second primary avenue for Russian citizens to immigrate is through employment. This requires an American employer willing to sponsor the individual for a permanent position they cannot readily fill with a qualified U.S. worker.

The employer initiates the process by first obtaining a labor certification from the Department of Labor (DOL). This process, often referred to as PERM (Program Electronic Review Management), demonstrates that the employer has attempted to recruit U.S. workers for the position and found no qualified applicants. Once the labor certification is approved, the employer then files an immigrant petition (typically Form I-140) with USCIS on behalf of the Russian employee.

Similar to family-based immigration, employment-based immigration also has preference categories, ranging from individuals with extraordinary abilities to skilled workers and professionals. Each category has its own requirements and processing times.

The Visa Application Process: Crossing the T’s and Dotting the I’s

Regardless of whether the pathway is family-based or employment-based, once the petition is approved and a visa number becomes available, the Russian citizen must apply for an immigrant visa at a U.S. embassy or consulate in Russia. This involves completing various forms, providing supporting documentation (birth certificates, marriage certificates, police records, etc.), attending an interview, and undergoing a medical examination.

The interview is a crucial step in the process. Consular officers will assess the applicant’s eligibility and ensure they are not inadmissible to the United States based on factors such as criminal history, health conditions, or security concerns.

Navigating the Labyrinth: Seeking Professional Guidance

The American immigration system can be incredibly complex, with ever-changing laws, regulations, and policies. Many Russian citizens choose to seek the assistance of an experienced immigration attorney to navigate the process effectively. An attorney can provide guidance on eligibility requirements, prepare necessary documentation, represent the applicant in communications with USCIS and the Department of State, and address any potential challenges that may arise.

In Conclusion: A Dream Within Reach

While becoming a permanent resident of the United States is not a simple endeavor for a Russian citizen, it is certainly achievable. By understanding the requirements, identifying a qualifying sponsor, and diligently pursuing the necessary steps, Russians can realize their dream of building a new life in America. The key is patience, perseverance, and often, the invaluable assistance of experienced immigration professionals.