Immigrating from Canada to The United States

A Family Based Petition is a popular option for those US Citizens that are interested in sponsoring their family. The Immigration and Nationality Act allows for the immigration of foreigners to the United States based on a relationship to a U.S. citizen or legal permanent resident.

To sponsor a relative, they must:

• You must be sponsored by a citizen of the United States who can prove their American status
• The sponsor must be able to prove that they can support you at 125% above the poverty line
• The sponsor must be able to show proof that you are related. Not all relatives are allowed to be sponsored by a US citizen
• You must be their husband or wife, unmarried child under 21, unmarried son or daughter over 21, married son or daughter of any age, brother or sister (the sponsor must be over 21 years old), or parent if they are at least 21 years old

The government wants to protect the health and welfare and security of the United States. So, the following people would be denied regardless of family status:

• If you have a communicable disease
• If you have a dangerous mental or physical disorder
• If you are addicted to drugs
• If you have committed a serious crime
• If you have committed terrorist acts
• If you are a member of a totalitarian party
• If you are a former Nazi war criminal

The US citizen who is a relative and is sponsoring a relative must file the I-130 Petition for Alien Relative. The United States Citizen and Immigration Services (USCIS) must then approve the immigrant visa petition. This petition is also filled out by the relative and must prove the relationship. The US citizen would submit all of this information to the USCIS.

Already in the US?

If you are already in the United States legally, you can file for an adjustment of status for the permanent resident while your I-130 petition is being filed. To do this you would use Form I-485, Application to Register Permanent Residence, or Adjust Status.

For immediate family members such as a spouse, child, mother, or father, the application process can take many months. Immediate family members have priority. For other relatives, it can take many months to 10 years for the petition to process. Once the petition has been approved and you are an immediate family member, you do not need to wait for a visa number. One will be issued immediately followed by an interview with the US Consulate in Canada.

If you do not have a job in the United States or a family member, you can still have a chance! Each year, the State Department holds a lottery. The State Department randomly chooses 50,000 qualified applicants, they get their green card and eventually apply for citizenship.

The State Department publishes the countries eligible to participate in the lottery each year. If you are eligible and you are chosen in the lottery, you can bring your spouse and any children who are under 21 and unmarried with you.

Qualifications include:

• must have completed a 12-year course of elementary and secondary education OR
• have 2 years of work experience over five years, in a field that requires at least two years of training to perform

How to Enter

• Step 1: Gather all of the information regarding the lottery at the State Departments’ website
• Step 2: Apply electronically at www.dvlottery.state.gov between October 5th and December 4th of each year.

If more than one application is received in your name, you will automatically be disqualified. Paper entries will not be accepted.

You are required to have a recent photo of the entire family. Even if a family member is not going to go to the United States, their photo must be included. There are no group family photos allowed. Each person must have their own.

Cost

There is no fee to enter the lottery, however, if you are chosen, you must pay the immigrant visa fee and a visa lottery surcharge. You will be notified by mail if you win. People who do not win will not be notified.