US Migration Agents
Worldwide Migration Partners are Australia's leading U.S. immigration law firm. We are the U.S. migration law specialists for Australian citizens looking to migrate to the United States of America. Our expert team of U.S. migration agents have the experience and understanding of complex U.S. migration law to make your migration process as smooth and easy as possible
I am married to a US citizen, how can I get a Green Card?
An individual who is married to a US citizen is eligible to apply for an immigrant visa or an adjustment of status in order to become a permanent resident of the US. The visas are immediately available, meaning that once approved, a visa or a green card may be issued.
The US citizen is required to sponsor their spouse and meet specific criteria for this visa. Specific requirements include but are not limited to:
- Proof that the relationship is genuine
- Proof of income and assets to support their spouse
There are additional requirements and one of our qualified US immigration lawyers will be able to provide you advice regarding the best way to proceed with the immigrant visa process.
Can I apply if I am overseas?
Yes, the process will include several steps, but in the end, you will receive an Immigrant Visa (IV). That visa will allow you to enter the US and upon entry, immediately be considered a Permanent Resident. There is no need to file additional paperwork after entry on an IV.
I don’t want to be apart from my spouse and family for very long, is there
any way to speed up this process?
Under some Exceptional Circumstances, there is a way to speed up the process from overseas. Contact us specifically about whether you may qualify for these exceptions. This is a special area of our expertise.
What if I am already in the US, can I stay while the application is pending?
Under most circumstances, you may stay in the US while your Adjustment of Status is pending. There are some exceptions to this general rule and there will be some travel and work restrictions at the beginning of this process.
I’m not married to a US citizen, how else can I get a Green Card?
There are several paths to become a permanent resident, the most common being:
- Employer sponsorship
- US citizen sponsorship
- Diversity Visa Program (Green Card lottery)
- EB-5 Investors
- Humanitarian programs including refugee or asylee status
For each path, an applicant must meet specific criteria in order to be eligible and apply for an immigrant visa. There are also different requirements if you apply.
Want to know more? Click here to get in touch with one of our migration specialists.
I have an Australian Section 10 – No Conviction Recorded, can I travel to the US on an ESTA?
This depends on what the arrest was for. It is important to remember that even with a “No Conviction Recorded” finding, this is still considered a conviction for US immigration purposes and must be disclosed on any visa application as well as in some instances on the ESTA registration.
Generally, a drug possession charge or admission will make you inadmissible to the US and you may not use the visa waiver program for travel.
If I am inadmissible to the US, does this mean I will never be able to visit the US?
Not necessarily. Depending on what your conviction is for, there may be waivers of inadmissibility available that you can apply for.
If I have No Conviction Recorded, how can US immigration know that I had an arrest?
Trust us, the US government has extensive networks of security checks. If you lie on a visa form or an ESTA application, this can have a permanent effect on your travel to the US.
If you have ever been arrested in Australia or elsewhere, it is best to get the advice from one of our experienced US attorneys. This area of US immigration law is very complex and how you present your past criminal records may have a serious impact on your future travel to the US.
Want to know more? Click here to get in touch with one of our migration specialists.
What if I don’t qualify for an E-3 because I don’t have a Bachelor’s Degree?
There may be another option if you are a business owner, that being the E-2 Treaty Investor Visa. The E-2 investor visa is a renewable work visa set aside for business investors from certain treaty countries.
Both the US business and the individual investor, or employee, must qualify for E-2 visa status.
There are other qualifications and requirements for this visa that you can discuss with one of our experienced US lawyers.
Want to know more? Click here to get in touch with one of our migration specialists.
Can I do business in the US on a Visa Waiver?
This is a question we get very often. Unfortunately, it is an area of the law that is a bit ambiguous with the changing dynamics of a global marketplace.
In general, you may travel to the US on business if your business is based overseas and the purpose of travel is for the furtherance of your foreign business. If a US business benefits from your time in the US (for example, you are a consultant working with a US based business and getting paid for your services), then you might need a proper work visa. If you are in the US to attend meetings, conferences or trade shows, you can generally use a visa waiver or a B-1 visa for this purpose.
The B-1 visa does not expand what you can do in the US for business, it merely will allow you to enter the US for longer than 90 days per visit if necessary.
Are there any other work visas that I can apply for?
Depending on your circumstances, there are other categories that you may qualify for and are appropriate for your type of work or situation. These include the L Visas for Intra-Company Transfers, H-1B visas (for non-Australians), O Visas for Individuals with Extraordinary Ability or Achievement, P visas for Athletes, Artists and Entertainment Groups and other Visas that may fit your circumstances. We will advise you on all of your visa options as well as give you our best recommendation for a successful outcome.
Want to know more? Click here to get in touch with one of our migration specialists.
I have just married a US Permanent Resident, can I get a Green Card too?
You would be eligible to apply for a green card as well, but unfortunately, the waiting time for you to receive your permanent residency is now almost 24 months. Contact us for further information.
Does the US recognize de-facto relationships? If we are not married, may I accompany my partner to the US if they are going on a work visa?
The US does not recognize de-facto relationships. To receive the benefit of a non-immigrant visa as a dependent, you must be legally married in a proper jurisdiction. The length of the marriage is not relevant in these circumstances. The US also recognizes same sex marriages for the purpose of US immigration benefits.
In order to gain permanent residency through your US partner, you must be legally married. The nature and length of the relationship and marriage is considered in these applications.
Want to know more? Click here to get in touch with one of our migration specialists.
I am a US citizen and my husband is Australian, our son was born in Australia – is our son a US citizen?
This again, is an area of citizenship that can cause some confusion. If the mother of a child born abroad was a US citizen at the time the child was born and meets former US residency requirements, the child is automatically a US citizen. Requirements for a US citizen father are slightly different. Contact us for information on how to record a foreign-born child’s birth abroad.
My child was born in the US when I was working there, is she a US citizen?
Any child born on US soil is considered a US citizen at birth.
I have decided to renounce my US citizenship, is this a difficult process?
The renouncement process needs to be proceeded by proper filing of all US taxes and other requirements. This can take some time and all aspects of this should be considered before moving forward. Please contact us for a detailed consultation regarding your rights and responsibilities when it comes to a renouncement.
Want to know more? Click here to get in touch with one of our migration specialists.
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Make an appointment
Take the first step today - Get in touch and see how we can help you
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Planning & paperwork
We work out the best options and take care of the necessary paperwork
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Congratulations - You have a Visa!
All done! You're good to go ... enjoy!