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Moving to the USA: Entry Rules and Legal Ways to Immigrate to America

Expats
Residence permit
Popular
USA (United States)
Moving to the USA: Entry Rules and Legal Ways to Immigrate to America

The USA is a dream country for the life of many foreigners. When moving here, immigrants usually aim to live there for many years. However, there must be legal grounds for this. Learn more about the rules for legal entry and stay in the USA in 2023

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A foreigner must have legal grounds to move to the United States. It is worth noting that immigration begins with legal entry into the territory of the country. According to statistics, illegal crossing of the American border has decreased by about 90% since 2000.

We have collected the most common legal ways to enter the US and ways to obtain a permanent residence permit.


How to prepare for the move? Learn about the top 5 most important factors for a successful migration here.




Feel at home in any country in the world! Protect yourself from unforeseen expenses and situations during your trip by taking out reliable insurance.




Read the top 10 most popular work visas in the United States here.

Real estate investment in the US: the best cities for investment in 2023.

Green card in the USA: step-by-step instructions for filling out the I-485 form here.


Rules for legal entry to the USA in 2023


Ground for entry

A foreigner must have an entry permit, a visa, or submit an online application for visa-free entry in the ESTA system to legally cross the US border. Electronic System for Travel Authorization (ESTA) is a simplified procedure for issuing electronic entry permits, which is available to citizens of 39 countries: most European countries, Chile, Brunei, New Zealand, Taiwan, Singapore, South Korea, etc.


List of documents for crossing the border

- valid foreign passport;

- entry permit, visa or ESTA;

Also, depending on the purpose of the trip, certain additional documents may be required: proof of financial availability, return ticket, medical certificates, documents confirming the purpose of entry (employment contracts, student enrollment certificate, etc.).


Requirements for foreigners

When passing customs and border control, the service employees usually check whether the foreigner does not threaten the security of the United States and whether he has the right to enter the country on legal grounds.


Traveling with children

A child must have a foreign passport and visa or an ESTA permit to enter the United States. In addition, a person traveling with a child must prove that he has the right to do so, an approximate list of documents: birth certificate, notarized power of attorney from guardians, copies of passports and contact information of all guardians, consent of the child to travel.


Additional Information

Certain control authorities, such as the US Transportation Security Administration (TSA), CBP and the Centers for Disease Control and Prevention (CDC) may request a number of additional data from a foreigner: date of birth, gender, passport data, address of first stay in the US. There are also cases when it is necessary to fill out a customs declaration when crossing the border.


Traveling with pets

For a foreigner to enter the USA with a dog, cat or any other domestic animal, it is necessary to have a certain list of documents for it: medical certificates, vaccination data, blood test, microchip and special permits.

Goods whose importation to the USA is restricted

Before traveling, we advise you to familiarize yourself with the rules for importing the following groups of goods: cultural objects, firearms, food, alcoholic beverages, wild animals, medicines, cash and valuable gifts.


When can a foreigner be denied entry?

There is a certain list of reasons when a foreigner may be refused entry:

- presence of a criminal record;

- cases of illegal work in the USA;

- health problems that may pose a danger to American society;

- lack of vaccines;

- false information is provided when filling out the ESTA;

- an expired visa;

- lack of certain documents;

- suspicious or strange behavior.




Would you like to receive an answer from an experienced lawyer? Order legal advice from a local specialist in visa and migration issues. To receive the service, select the country you are interested in and your citizenship.




Features of the first entry on the basis of a green card


The first entry of a green card holder into the USA is based on an immigrant visa issued at the American embassy. This is due to the fact that the foreigner does not have a green card in his hands before the first entry. It must be obtained after entering the United States, subject to the provision of a certain list of documents. Such a first trip is also called an "activation trip".
To pass customs control, you must have a foreign passport that is valid for six months from the date of entry.
On subsequent trips, green card holders can enter the US without a passport. This is due to the fact that the US authorities consider the green card to be a secure identity document.


A foreigner can legally live in the US if he has an immigrant visa or green card. The most common ways to obtain a residence permit in the USA:
- Family visa - if the foreigner has a close relative who is a resident of the United States. Spouses, unmarried children, parents, brothers and sisters can receive a permit if they will be dependent on the resident.
- Marriage to a US citizen.
- A student visa - the F visa allows a foreigner to engage in academic research or language training programs in the United States. The M visa is for non-academic programs or vocational training. However, student visa holders may face certain restrictions if they decide to stay in the US permanently.
- Work Visa – An employer can sponsor a foreign worker with special skills if they cannot find qualified candidates in the US. There are several types of work visas. Some are issued for a certain period of time, after which the foreign worker must return to the country of origin. This type of visa is most common in Silicon Valley, where there is a high demand for engineers and computer science specialists.
- Open a business in the USA with an authorized capital of $900,000 to $1,800,000 and hire 10 US citizens.
- Eligible for immigration benefits, such as asylum or a VAWA visa.
- Have grounds for one of the types of visas: EB-1, EB-2 or EB-3.
- Apply and win a US residence permit in the Green Card lottery. This is a relatively easy way to immigrate to the US, although it requires a lot of luck. Through the Diversity Visa Lottery program, the US government randomly issues 50,000 visas each year to people who live in countries with low levels of immigration to the US. If you win, you can immigrate to America without knowing the English language and without a large amount of money.

Who is prohibited from receiving a residence permit in the USA?


The ban on issuing a residence permit applies to the following categories of foreigners:
- Those who have been vaccinated against certain diseases.
- Drug addicts and those convicted of a violent crime.
- If the government believes that the candidate will be a burden on American society and will require aid payments.

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