Being Subject to a Security Clearance: Process, Reasons, and Key Considerations

By Ergul Celiksoy, Immigration Attorney at CK Law Firm

A security clearance is a process conducted to review the background of individuals applying for immigration or a visa to the United States. The U.S. government conducts this investigation to ensure national security and prevent the entry of individuals who may have the potential to engage in illegal activities.

What Is a U.S. Security Clearance and Why Is It Conducted?
Which Applications Are Subject to Security Clearance?
What Does It Mean to Be Subject to a Security Clearance?
Why Are Applicants Subject to a Security Clearance?
What Happens During the Security Clearance Process?
What Should You Do If You Are Subject to a Security Clearance?
How Long Does It Take for the Security Clearance to Be Concluded?
What Are the Outcomes of a Security Clearance?

If you have any further questions about this topic, don’t hesitate to leave a comment below, message me directly on LinkedIn, or reach out to me via the CK Law Firm Immigration Law Office website, where I am a co-founder!i

What Is a U.S. Security Clearance and Why Is It Conducted?

A U.S. security clearance is a process where the backgrounds of applicants are carefully scrutinized before they enter the United States. The purpose of this clearance is to protect U.S. national security and ensure that individuals entering the country do not pose a security risk. During the immigration process, the background of applicants is reviewed to assess any potential links to terrorism, criminal history, or involvement in illegal activities. This is part of the U.S. policy to safeguard both international agreements and domestic security.

Which Applications Are Subject to Security Clearance?

Security clearance may apply to those seeking to enter the U.S. on various visas or through immigration status. The main categories include:

Visa Applications: Everyone applying for non-immigrant visas (such as tourist, student, or work visas) or immigrant visas (such as Green Card applications) is subject to a security clearance.
Green Card Applications: Those applying for permanent residency (Green Card) undergo a thorough security clearance process.
Citizenship Applications: The backgrounds of those applying for U.S. citizenship are thoroughly reviewed to detect any crimes committed during their stay in the U.S. or any activities that might pose a threat to the country’s security.
Work Visas: Applicants for employer-sponsored visas such as H-1B, L-1, and O-1 are subject to security clearance. Their professional background and activities in the U.S. are also reviewed.
Refugee and Asylum Applications: Security checks are conducted meticulously for those seeking asylum or refugee status in the U.S., ensuring the accuracy of the information provided by the applicant within the framework of intergovernmental security agreements.

What Does It Mean to Be Subject to a Security Clearance?

Being subject to a security clearance means that further investigation is required regarding an individual’s background during their visa, Green Card, or citizenship application. If there are suspicious activities, criminal records, or violations of immigration rules in the applicant’s history, the approval process may be delayed. In this case, a thorough investigation will be conducted to assess whether the application poses a security risk.

Why Are Applicants Subject to a Security Clearance?

Several factors can trigger a security clearance for an applicant, including:

Criminal Records: Past crimes, especially violent offenses, fraud, or drug trafficking, can trigger a security clearance.
Terrorism Links: Any connection to terrorist organizations can raise suspicion and lead to a security clearance.
Immigration Violations: Individuals who have previously overstayed in the U.S., violated visa conditions, or used false documents in their applications may face security clearance.
Military or Security Work: Applicants who have worked in the military or security sectors in their home country may require additional investigation, as the U.S. government may want to review their ties to other governments.
Political or Religious Views: In some cases, an individual’s political or religious views may cause the government to examine the application more closely, especially if there are suspicions of involvement with radical or extremist movements.

What Happens During the Security Clearance Process?

When an application is flagged for security clearance, the processing time may be extended. Several federal agencies (such as the FBI, CIA, and DHS) conduct a comprehensive review of the applicant’s background. The process involves the following steps:

Database Checks: The U.S. government scans the applicant’s name in various national and international databases. These checks may reveal criminal records, travel history, financial transactions, and connections to terrorist organizations.
Interview and Additional Documents Request: In some cases, the applicant may be asked to provide additional documents or attend an in-person interview at the U.S. consulate. The interview is designed to clarify the applicant’s background and verify the information provided.
In-Depth Investigations: If the applicant poses a security risk, a more comprehensive investigation may be launched, potentially extending the time for the application to be processed.

What Should You Do If You Are Subject to a Security Clearance?

Being subject to a security clearance is a common situation for applicants. Here are some important steps to take:

Be Patient: The security clearance process can take time. Applicants should remain patient and regularly check the status of their applications.
Submit All Documents Accurately: Providing all documents accurately and completely at the time of application can help speed up the process. It is crucial to avoid submitting false information or documents, as this can not only delay the process but also result in the rejection of the application.
Provide Additional Information Quickly: If the U.S. government requests additional information, providing it quickly and accurately can help expedite the process. Applicants should submit the requested documents as soon as possible.

How Long Does It Take for the Security Clearance to Be Concluded?

The time it takes to conclude a security clearance varies depending on the applicant’s background, the documents submitted, and other factors. Typically, a security clearance can be completed within a few weeks to several months. However, if there are issues or suspicious circumstances in the applicant’s history, the process can be extended for months.

Common situations and average processing times include:

Routine Applications: These are generally resolved within a few weeks to 2-3 months. These applications require no additional scrutiny, and the applicant’s background is clean.
Additional Security Reviews: If the applicant has a criminal record, international travel history, or connections to U.S. security agencies, the review process can take 6 months or more. This is common for applications from countries considered high security risks.
Refugee or Asylum Applications: Security clearance for these applications can take more than six months, depending on the applicant’s country and background. A thorough international review of the individual’s history is conducted.

What Are the Outcomes of a Security Clearance?

A security clearance can result in three possible outcomes:

Approval: If the applicant is found to pose no threat, the application is approved, and a visa or Green Card is issued.
Denial: If the applicant poses a security risk or has a criminal record, the application may be denied, preventing the individual from entering the U.S.
Additional Review: In some cases, the applicant’s situation may require further investigation, which can prolong the application process.

Conclusion

Being subject to a security clearance is a common situation in U.S. immigration applications. Applicants should remain patient, provide accurate information, and seek assistance from an immigration attorney. At CK Law Firm, we provide the necessary legal support to applicants during the security clearance process. Seeking professional help is always the best approach to speeding up the process and ensuring a smooth application.

For professional support, detailed information, and consultation services, you can contact us via cklawfirm.org, info@cklawfirm.org, or connect with us on LinkedIn.

Who is Attorney Ergül Çeliksoy?

Attorney Dr. Ergül Çeliksoy is a founding partner of CK Law Firm and also serves as an Assistant Professor of Law at the University of Nottingham. With extensive experience in U.S. immigration law, Dr. Çeliksoy completed a Master’s degree in international law and human rights law at the University of Nottingham in 2017, followed by a Ph.D. at the same university. His Ph.D., completed in 2022 at the University of Nottingham School of Law, marked a significant milestone in his academic career. Dr. Çeliksoy has published extensively in leading academic journals and is internationally recognized for his expertise in modern slavery, criminal justice, and criminal law. As a member of the California Bar, Dr. Çeliksoy offers exceptional service to his clients, particularly in U.S. immigration law cases. His expertise and experience in immigration law significantly contribute to CK Law Firm’s work in this area.

Dr. Çeliksoy provides comprehensive and strategic solutions to his clients in immigration law cases, helping secure their legal status in the U.S. His work on human rights and immigration processes, particularly in modern slavery and criminal law, effectively addresses the complex legal issues immigrants face. Dr. Çeliksoy reinforces CK Law Firm’s leadership in immigration law by offering reliable and effective legal consulting services to his clients, helping them build new lives in the United States.

Differences Between Filing E-1 and E-2 Visa Applications with USCIS or at a U.S. Consulate

By Asim Kilinc, Immigration Attorney at CK Law Firm

For those seeking to travel to the United States for business or investment purposes, the most commonly used visa types are the E-1 (Trader Visa) and E-2 (Investor Visa). These visas provide temporary work and residency permits for individuals involved in trade with the U.S. or planning to invest in the U.S. However, choosing the correct institution for submitting E-1 and E-2 visa applications can significantly impact the application process and outcomes.

Applying for E-1 and E-2 Visa through USCIS
Applying for E-1 and E-2 Visas through the US Consulates

For additional questions, feel free to reach out through the comments section of this post, send me a message directly on LinkedIn, or contact me through the website of CK Law Firm, an Immigration Law firm I co-founded.

Filing E-1 and E-2 Visa Applications Through USCIS

USCIS (United States Citizenship and Immigration Services) is the federal agency responsible for handling immigration and non-immigrant visa applications within the U.S. Individuals already in the U.S. can file their E-1 or E-2 visa applications through USCIS.

Application Process Through USCIS

Application Content: Applications through USCIS require thorough preparation. They must include detailed documentation about business plans, trade relationships, and investments.
Types of Applications: USCIS accepts applications for change of status or extensions for individuals already in E-1 or E-2 status within the U.S.
Results: USCIS does not issue visas but provides legal status to stay in the U.S. If the applicant leaves the U.S., they must obtain a visa from a U.S. Consulate to re-enter the country.

Advantages of Applying Through USCIS

Suitable for Those Already in the U.S.: If the applicant is already in the U.S. and wishes to apply for an E-1 or E-2 visa, applying through USCIS is more convenient. Instead of applying for a visa, the applicant requests a change of status to E-1 or E-2.
Ease of Status Extension: Individuals in E-1 or E-2 status can easily extend their status through USCIS without needing to leave the U.S. during the extension process.

Disadvantages of Applying Through USCIS

Issues Upon Leaving the U.S.: Approval from USCIS grants legal status but not a visa. Upon leaving the U.S., the applicant must obtain a visa from a U.S. Consulate to re-enter the country.
Longer Processing Times: USCIS applications may take longer to process compared to consulate applications. Depending on the case load, this could take several months.

Filing E-1 and E-2 Visa Applications Through U.S. Consulates

Applicants residing outside the U.S. can apply for E-1 or E-2 visas through a U.S. Consulate in their home country. Consulate applications are typically used by individuals who need a visa to enter the U.S.

Application Process Through Consulates

Application Content: Consulate applications also require comprehensive documentation showing business activities, investment amounts, and trade relationships with the U.S.
Visa Interview: Applicants must attend a visa interview at a U.S. Consulate. If the application is approved, the E-1 or E-2 visa will be added to their passport.
Results: Upon approval, the applicant receives a visa that allows them to enter the U.S. and maintain E-1 or E-2 status.

Advantages of Applying Through U.S. Consulates

Direct Visa Issuance: Consulate applications result in the issuance of a visa, making it easier to enter and exit the U.S.
Faster Processing Times: Consulate applications are generally processed faster than USCIS applications. Depending on the consulate’s workload, processing can take just a few weeks.

Disadvantages of Applying Through U.S. Consulates

Must Be Done Outside the U.S.: Applicants inside the U.S. who wish to apply through a consulate must leave the country, which can add time and cost.
Interview Stress: Consulate applications require a visa interview, where the applicant must clearly demonstrate strong trade ties with the U.S. and their intent to return to their home country.

Comparison Between USCIS and Consulate Applications

Criteria	USCIS Application	Consulate Application
Application Location	Within the U.S.	Outside the U.S. (U.S. Consulates)
Result	Legal status to stay in the U.S.	Visa issuance (entry and exit rights)
Interview	No interview required	Mandatory visa interview
Processing Time	Longer	Shorter
U.S. Entry	Must apply for a visa to re-enter	Direct entry with a visa
Application Fees	USCIS application fees	Consulate application fees

Conclusion

E-1 and E-2 visas offer significant opportunities for individuals engaged in trade or investment with the U.S. However, the proper planning of the application process and choosing the correct submission method are critical to ensure visa approval. While USCIS applications are suitable for those already in the U.S., consulate applications provide a faster and more flexible solution.

For professional support and detailed information, feel free to contact us via our website at cklawfirm.org, by email at info@cklawfirm.org, or through LinkedIn.

Who is Attorney Asım Kılınç?

Attorney Asım Kılınç is the co-founder of CK Law Firm and is recognized for his expertise in immigration law and U.S. asylum applications. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is a member of the Missouri Bar Association, with a focus on U.S. immigration law.

Attorney Kılınç’s extensive knowledge and experience in immigration law have significantly contributed to CK Law Firm’s success in this field. He has actively participated in the preparation of over 1,000 cases, demonstrating his expertise in this area. By providing comprehensive and professional legal support to his clients, he helps them adapt to their new lives in the U.S.

Attorney Kılınç is also well-versed in U.S. asylum applications. He meticulously guides his clients through the process and ensures they receive the best legal advice. He provides top-quality service to clients in matters of citizenship, Green Card, work permits, and other immigration processes, supporting them from start to finish on their journey to U.S. citizenship.

Attorney Asım Kılınç, who solidifies CK Law Firm’s leadership in immigration law and U.S. asylum applications, offers reliable and effective legal consultancy services to clients, assisting them in building a new life in the U.S.

Guide to Obtaining an E-2 Visa by Investing in the Logistics Sector

By Ergul Celiksoy, Immigration Attorney at CK Law Firm

The E-2 visa is one of the most advantageous visas available for investors in the United States. This visa allows citizens of countries with a trade agreement with the U.S. to establish or manage a business in the U.S. by making a certain amount of investment. The flexible structure of the E-2 visa offers significant opportunities for those considering investing in the logistics sector. In this article, we will explore the details of the E-2 visa:

What is the E-2 Visa?
Why the Logistics Sector?
What Are the Requirements for Obtaining an E-2 Visa in the Logistics Sector?
The E-2 Visa Application Process
Differences Between Applying for an E-2 Visa from Turkey or the U.S.

If you have any other questions related to this topic, feel free to leave a comment at the end of this article, send me a message directly on LinkedIn, or contact me through the website of CK Law Firm, where I am a co-founder!

What is the E-2 Visa?

The E-2 visa is a type of visa available to investors who want to establish or manage a business in the U.S. It requires making an investment that contributes to the U.S. economy with a certain amount of capital. This visa type allows the applicant and their family to live and work in the U.S. However, as a non-immigrant visa, it does not grant permanent residency (Green Card). Nevertheless, as long as the business continues, the E-2 visa can be renewed indefinitely.

Why the Logistics Sector?

The logistics sector in the U.S. is a rapidly growing area offering significant opportunities to investors. At a time when global trade is increasing, e-commerce is accelerating, and supply chains are becoming more complex, investing in the logistics sector can be highly profitable. Logistics not only involves transportation but also includes warehousing, inventory management, shipping, and supply chain optimization. This wide range of services allows investors to enter the sector with different business models.

What Are the Requirements for Obtaining an E-2 Visa in the Logistics Sector?

Investment Amount and Business Model:

The amount of investment in the logistics sector can vary depending on the type of business. Generally, no specific investment amount is required for the E-2 visa. However, the investment is expected to be “substantial.” A minimum investment amount between $100,000 and $200,000 is recommended, depending on the type and scale of the business. The investment must support the sustainable operation of the business and demonstrate profitability potential.Common investment models in the logistics sector include:

Starting a transportation company
Establishing warehousing and distribution centers
Offering supply chain management services

Investment Must Be at Risk:

To obtain an E-2 visa, the investment must be “at risk.” This means the money invested must be tied to the business, and there must be a risk of losing the capital if the business is not successful. This criterion demonstrates the investor’s commitment to developing their business.

Business Sustainability:

The business you establish in the logistics sector must be sustainable. It should not only support the investor and their family but also contribute to the U.S. economy. The business’s potential for growth, job creation, and economic benefit to the U.S. will strengthen the visa application.

The E-2 Visa Application Process

Eligibility by Nationality: To apply for an E-2 visa, you must be a citizen of a country with a trade agreement with the U.S. Turkey is among the countries eligible to apply for an E-2 visa.
Business Plan Preparation: Presenting a detailed and realistic business plan is crucial for E-2 visa applications. You must provide a comprehensive business plan showing how your investment in the logistics sector will operate, its goals, profitability projections, and its contribution to the U.S. economy. Your business plan should convince the visa officer of the sustainability and credibility of your business and investment.
Visa Application and Interview: After preparing the necessary documents, you can apply for the visa through the U.S. Consulate. During the E-2 visa application, an interview is conducted, focusing on the sustainability of your business model and the legitimacy of your investment. It is essential to thoroughly understand your business plan and model before attending the interview.

Differences Between Applying for an E-2 Visa from Turkey or the U.S.

The E-2 investor visa can be applied for both from within the U.S. and from U.S. Consulates abroad. However, there are important differences in terms of process and outcomes depending on where the application is submitted. Understanding these differences can help shape the strategy for investors considering applying from Turkey or the U.S.

Application Location: Consular Application from Turkey vs. Change of Status in the U.S.

From Turkey:

Investors residing in Turkey apply for the E-2 visa through the U.S. Embassy or Consulate. In consular applications, the process is primarily evaluated by consular officers, and if approved, the investor is directly granted the E-2 visa, allowing entry to the U.S. to manage their investment.

Advantages:

Entry to the U.S.: Once you are granted an E-2 visa from the Consulate, you can enter the U.S. and stay throughout the visa validity period.

Visa Duration: For Turkish citizens, the visa is typically granted for 5 years and can be renewed.

Ease of Travel: With the E-2 visa, you can leave the U.S. and re-enter freely during the visa’s validity.

Disadvantages:

Interview Requirement: A face-to-face interview at the U.S. Consulate is mandatory, which can be a stressful process.

Initial Investment: A significant portion of the investment must be made before entering the U.S., which can complicate business management.

From the U.S.:

Investors already in the U.S. on a different visa (such as a tourist visa) can apply to change their status to an E-2 visa through the U.S. Citizenship and Immigration Services (USCIS).

Advantages:

No Interview: In most cases, no interview is required for USCIS applications.
Staying in the U.S.: Once approved, you can remain in the U.S. and manage your business.
Starting the Business: Being physically in the U.S. can make it easier to start and manage the business.

Disadvantages:

Travel Restrictions: Changing status does not grant you a visa. If you leave the U.S., your E-2 status ends, and you will need to apply for an E-2 visa at a U.S. Consulate.

No Visa Issuance: The change of status process only provides a legal status change, not a visa. To travel outside the U.S., you will need to obtain a consular visa.

Processing Time:

From Turkey: Consular applications typically result faster, usually taking 2-3 months, depending on the consulate’s workload.

From the U.S.: Applications for status change take longer, usually 4-6 months. However, for an additional fee, premium processing can provide results within 15 days.

Visa Duration and Renewal:

From Turkey: For Turkish citizens, the visa is typically issued for 5 years. As long as the business continues, the visa can be renewed, and the investor and their family can leave and re-enter the U.S.

From the U.S.: A status change to E-2 typically grants a 2-year stay. Before this period ends, you can apply to USCIS for an extension. However, this status does not allow for travel outside the U.S. without first applying for a visa at a U.S. Consulate.

Family Members’ Status:

From Turkey: Family members can apply for an E-2 visa along with the investor. The spouse can apply for work authorization in the U.S., and children can attend school.

From the U.S.: Family members can apply for a status change along with the investor. The spouse can apply for a work permit, and children can continue their education. However, if family members wish to travel outside the U.S., they must obtain a visa from the U.S. Consulate.

Conclusion

Investing in the logistics sector to obtain an E-2 visa presents a significant opportunity for investors aiming to establish a business in the U.S. The size of the investment, the sustainability of the business, and its contribution to the U.S. economy are key factors in the application process. The rapid growth and demand in the logistics sector make investment in this area attractive, while the E-2 visa serves as a supportive tool in this process.

If you are considering investing in the U.S. logistics sector, CK Law Firm can offer you professional support throughout your E-2 visa application process. For professional assistance, detailed information, and consultancy services, feel free to reach out to us at cklawfirm.org, via email at info@cklawfirm.org, or through LinkedIn.

Who is Attorney Ergül Çeliksoy?

U.S. Press Visa: All You Need to Know

By Asim Kilinc, Immigration Attorney at CK Law Firm

For foreign nationals looking to engage in journalism, media, or other press activities in the United States, the U.S. Press Visa, or I Visa, is the ideal option. This visa is aimed at media professionals and journalists who meet specific requirements and need to conduct short-term press-related duties in the U.S. In this article, we’ll cover the application process, eligibility criteria, and other important details regarding the I Visa.

What is the U.S. Press Visa?
Who Can Apply for the U.S. Press Visa?
What Are the Requirements for the U.S. Press Visa?
U.S. Press Visa Application Process
What Activities Can Be Conducted with the U.S. Press Visa?
How Long Can I Stay in the U.S. with a Press Visa?
Can I Apply for a Green Card with the U.S. Press Visa?

What is the U.S. Press Visa?

The U.S. Press Visa is a special visa issued to individuals traveling to the United States to perform press-related work temporarily. Journalists, filmmakers, reporters, photographers, and other media workers can apply for this visa. With this visa, you can work in the U.S. for a specified period while continuing your press activities.

Who Can Apply for the U.S. Press Visa?

The U.S. Press Visa (I Visa) is available to foreign media personnel engaging in temporary press and media activities in the United States. Those eligible to apply include:

Journalists: Professional journalists who will gather news, conduct interviews, and report on events in the U.S.
Filmmakers: Producers, directors, and camera operators involved in non-commercial documentary or film projects.
Reporters: Reporters working for international media outlets, reporting news or events from the U.S.
Photojournalists: Professional photographers taking photos for news outlets.
Editors and Writers: Individuals writing or editing content for newspapers, magazines, TV, or radio outlets.
Technical Staff: Technicians providing necessary support for media organizations and working temporarily in the U.S.

Applicants must be full-time employees of a media organization, working on a temporary assignment in the U.S. Freelancers or those involved in commercial projects may not qualify for the I Visa.

What Are the Requirements for the U.S. Press Visa?

Applicants for the U.S. Press Visa must meet specific criteria:

Media Professional: You must provide proof that you are employed in the media industry. This can include official documents showing you work for a newspaper, TV channel, magazine, or other media organization.
Temporary Assignment: You must state that you are in the U.S. temporarily for press-related duties. The U.S. Press Visa cannot be used for permanent jobs or to settle in the U.S.
Press Activities: You must demonstrate that the activities you will be conducting in the U.S. are related to journalism or media, such as news gathering, reporting, or filming.
Full-Time Employment: Freelancers are generally not eligible for this visa. You must be employed as a full-time worker for a media organization.

U.S. Press Visa Application Process

Filling Out the DS-160 Form:

Like other U.S. visas, applicants for the Press Visa must complete the DS-160 form online. This form is the foundation of your application and includes your personal information.

Payment of Application Fee:

A specific fee must be paid during the application process, which may vary depending on the consulate.

Supporting Documents:

You will need to provide supporting documents such as your media ID, a letter from your employer, and proof of your work.

Interview Appointment:

You will be required to attend an interview at the U.S. consulate. During the interview, you will need to explain the press-related activities you will be conducting in the U.S. and provide accurate documentation.

Visa Approval:

Once your application is approved, you will receive your U.S. Press Visa along with your passport. The visa’s duration will depend on the length of your assignment and any applicable agreements.

What Activities Can Be Conducted with the U.S. Press Visa?

With the U.S. Press Visa, you can engage in specific media and journalism activities in the U.S., including:

News Gathering and Reporting: Journalists and reporters can gather and report news in the U.S.
Documentary or Film Production: The Press Visa allows you to participate in the production of documentaries or films, provided they are not for commercial purposes.
International Broadcasting: You can carry out work on behalf of foreign media organizations operating in the U.S.

How Long Can I Stay in the U.S. with a Press Visa?

The Press Visa is a temporary visa, and your stay in the U.S. is limited to the duration of your assignment. You are generally expected to leave the U.S. once your assignment is completed. However, in some cases, you may apply for an extension and renew the visa.

Can I Apply for a Green Card with the U.S. Press Visa?

The U.S. Press Visa is a temporary work visa and does not provide a direct path to a Green Card.

Frequently Asked Questions

How long does the U.S. Press Visa application take?
The application process can take several weeks. However, this may vary depending on consulate processing times.
Can I bring my family to the U.S. with a Press Visa?
Yes, Press Visa holders can bring their spouse and children under 21 to the U.S. A separate application is required for family members.
Can freelance journalists apply for the U.S. Press Visa?
Generally, freelance journalists are not eligible for the U.S. Press Visa. However, if you work for a specific media organization, you may be eligible.

Conclusion

The U.S. Press Visa is an ideal option for foreign journalists and media professionals who need to work temporarily in the U.S. By ensuring you submit the correct documentation and follow the application steps carefully, you can expedite the approval process. At CK Law Firm, we guide you through the visa application process, helping you take the correct steps. For professional support and detailed consultation, reach out to us via cklawfirm.org, info@cklawfirm.org, or LinkedIn.

Who is Attorney Asım Kılınç?

Ways to Obtain a Green Card

By Ergul Celiksoy, Immigration Attorney at CK Law Firm

For many people who want to live and work in the United States, a Green Card means permanent residency and is the first major step towards becoming a U.S. citizen. Holding a Green Card allows an individual to reside in the U.S. indefinitely, provides a work permit, and grants access to many social benefits. There are several ways to obtain a Green Card, and each method may vary depending on the applicant’s personal, family, or professional situation. In this article, we will discuss the most common ways to obtain a Green Card in detail:

Family-Based Green Card
Employment-Based Green Card
Investment-Based Green Card (EB-5 Program)
Green Card through Refugee or Asylum Status
Diversity Visa Program (DV Lottery)
Green Card through Fiancé Visa (K-1)

If you have any questions related to this topic, feel free to reach out through the comment section below, send me a message directly on LinkedIn, or contact me through CK Law Firm’s website!

1. Family-Based Green Card

One of the most common ways to get a Green Card is through family connections. If you have a U.S. citizen or Green Card-holding relative, this method may be right for you. However, the duration and likelihood of approval for family-based applications depend on the degree of the family relationship.

Family-Based Green Card Categories:

Marriage to a U.S. Citizen: Foreigners who marry a U.S. citizen can apply for a Green Card through marriage. This process is typically faster than other methods, but proof of a genuine relationship is crucial. The applicant must provide documents and evidence of shared life. Upon approval, a two-year conditional Green Card is granted, after which a permanent Green Card can be applied for.
Immediate Relatives of U.S. Citizens: U.S. citizens can file for their parents, children under 21, and siblings. Applications for immediate relatives are processed faster because they are not subject to annual quotas.
Family Members of Green Card Holders: Green Card holders can apply for their spouses and unmarried children. These applications usually take longer to process compared to those sponsored by U.S. citizens.

2. Employment-Based Green Card

For those working in the U.S., another way to obtain a Green Card is through employer sponsorship or applying under the extraordinary ability category. This method is ideal for qualified professionals and individuals who have received a job offer.

Employment-Based Green Card Categories:

EB-1 Category (Individuals with Extraordinary Ability): This category is for individuals with extraordinary abilities in the fields of science, arts, education, business, or sports. It also includes outstanding professors, researchers, and executives of multinational companies. EB-1 applications are processed faster than other employment-based applications.

For detailed information about EB-1 visa, you can take a look at our article on the subject!

EB-2 Category (Advanced Degree Professionals): EB-2 is for professionals with at least a master’s degree or individuals with exceptional expertise in their field. National Interest Waiver (NIW) applicants also fall under this category, where the individual’s work serves U.S. national interests, and employer sponsorship is not required.

For detailed information about EB-2 visa, you can take a look at our article on the subject!

EB-3 Category (Skilled Workers and Professionals): EB-3 is for skilled workers with at least two years of experience, professionals with a bachelor’s degree, and unskilled workers. Employer sponsorship is usually required for this category, and the application process can be longer.

For detailed information about EB-3 visa, you can take a look at our article on the subject!

3. Investment-Based Green Card (EB-5 Program)

Investors can obtain a Green Card by making a substantial investment. The EB-5 visa requires a minimum investment of $1.8 million (or $900,000 in designated economically distressed areas) and the creation of at least 10 full-time jobs for U.S. workers.

EB-5 Program Requirements:

The investment must directly or indirectly create at least 10 jobs.
After approval, the investor receives a two-year conditional Green Card. If the investment and job creation are maintained during this period, the investor can apply for a permanent Green Card.

For detailed information about EB-5 visa, you can take a look at our article on the subject!

4. Green Card through Refugee or Asylum Status

Individuals who have been granted refugee or asylum status in the U.S. can apply for a Green Card after residing in the country for one year. This type of application is often made by those fleeing persecution, coming from war zones, or experiencing serious human rights violations.

5. Diversity Visa Program (DV Lottery)

The U.S. government holds a Green Card lottery every year for immigrants from certain countries. This program allows people from underrepresented nations to immigrate to the U.S. as permanent residents. To apply, candidates typically need to have a high school diploma or relevant work experience.

DV Lottery Eligibility Requirements:

The applicant must be from an eligible country with a low immigration rate to the U.S.
A high school diploma or at least two years of work experience within the last five years is required.
Participation in the DV Lottery is free, but millions apply each year, so the odds of winning are limited.

For detailed information about DV Lottery, you can check our article on the subject!

6. Green Card through Fiancé Visa (K-1)

Individuals engaged to U.S. citizens can enter the country with a K-1 fiancé visa. This visa requires the couple to marry within 90 days of arrival, after which the foreign spouse can apply for a Green Card.

K-1 Visa Requirements:

The applicant must prove they are engaged to a U.S. citizen.
The couple must provide evidence of their intent to marry.
The marriage must take place within 90 days of entering the U.S.

For detailed information about K-1 visa, you can take a look at our article on the subject!

Conclusion

There are many different ways to obtain a Green Card, and the process can be complex depending on the applicant’s individual circumstances. Whether through family, work, investment, or even the DV Lottery, each method requires different steps and documentation. To ensure a successful application, it’s important to seek guidance from a professional.

At CK Law Firm, we are ready to assist you throughout the Green Card application process. If you have any questions or are ready to start the process, please contact us. For professional support, detailed information, and consultation services, reach out to us at cklawfirm.org, via email at info@cklawfirm.org, or on LinkedIn.

Who is Attorney Ergül Çeliksoy?

What Are the Requirements for the L1 Visa, Widely Used by International Companies Seeking to Open a Branch in the U.S.?

By Asim Kilinc, Immigration Attorney at CK Law Firm

The United States is widely regarded as a global hub for commerce. Many international companies aim to support their growth by opening new branches in the U.S. For companies looking to establish a presence or expand operations in the U.S., the L1 visa provides significant advantages. This visa is specifically designed for multinational companies to transfer executives and employees with specialized knowledge to the U.S. However, both the applicant and the company must meet several specific requirements to qualify for this visa. In this article, we will examine the key features, requirements, and benefits of the L1 visa in detail:

What is the L1 Visa?
L1 Visa Requirements
Advantages of the L1 Visa
L1 Visa Application Process

If you have further questions related to this topic, feel free to reach out via the comments section, send me a message directly through LinkedIn, or contact me via the website of my firm, CK Law Firm!

What is the L1 Visa?

The L1 visa is a temporary work visa that allows international companies to transfer executives or employees with specialized knowledge to the U.S. There are two categories of the L1 visa:

L1A Visa: Used to transfer executives or senior managers to the U.S. This visa can be used both for existing operations and for opening a new office.
L1B Visa: Designed for employees with specialized knowledge. L1B applicants must possess unique knowledge about the company’s products, processes, or services.

L1 Visa Requirements

Both the company and the individual applying for the L1 visa must meet specific conditions, which are critical for the approval of the visa.

Company Requirements:

International Relationship:

The company must have a parent, subsidiary, branch, or affiliate outside the U.S. The individual being transferred must be employed by one of these internationally related entities. The multinational nature of the company must be substantiated through documentation.

Continued Operations:

The U.S. branch, office, or affiliate must be actively conducting business. If a new branch is being opened, the office must become operational within one year and continue regular business activities.

Company Size and Capacity:

The company must be large enough to support the transfer of employees between international offices and must maintain operational or financial links between these offices.

Applicant Requirements:

At Least 1 Year of Employment:

The individual must have worked continuously for the company outside the U.S. for at least one year within the last three years. This is crucial to demonstrate the applicant’s qualifications.

Managerial Position for L1A:

The applicant must be transferred to the U.S. to work in a managerial or executive role. This role should involve managing personnel, making strategic decisions, and overseeing operations aimed at growing the company.

Specialized Knowledge for L1B:

The applicant must possess unique knowledge about the company’s products, services, or processes. This often includes technical expertise, product development, or the management of a specific business process.

Advantages of the L1 Visa

The L1 visa offers numerous benefits for multinational companies, particularly those planning to establish or expand operations in the U.S.

L2 Visa for Family Members: L1 visa holders can bring their spouses and children under 21 to the U.S. through the L2 visa. Spouses can apply for work authorization under the L2 visa, and children can attend school in the U.S., making it easier for families to relocate and settle in the U.S.
Green Card Eligibility: L1A visa holders can apply for permanent residency (Green Card) under the EB-1C category, which offers a faster path to obtaining a Green Card. L1B visa holders can also apply for a Green Card, though the process may take longer.
Extended Stay:
- L1A Visa: Initially granted for 1-3 years, it can be extended up to a total of 7 years. For new offices, the initial visa is issued for one year.
- L1B Visa: Issued for three years and can be extended for a total of 5 years.
Ease of Opening an Office: The L1 visa facilitates the process of opening a new branch in the U.S. It allows companies to start operations quickly and provides a foundation for future Green Card applications.

L1 Visa Application Process

The L1 visa application must be submitted to U.S. Citizenship and Immigration Services (USCIS). The process requires various documents demonstrating the company’s status, the applicant’s position, and the business activities in the U.S. Applications generally take 4-6 months, but this period can be shortened with premium processing.

Required Documents:

Form I-129 Petition: Filed by the employer with USCIS to initiate the L1 visa application.
Company Documents: Proof of the multinational nature of the U.S. office and foreign branches.
Employee Documents: Proof of the applicant’s qualifications and their role within the company.
Financial Documents: Evidence of the financial capability of the U.S. branch or the parent company.

You can read more about the documents required for the L1 visa in this article!

Interview Process

After the petition is approved, the applicant must attend an interview at the U.S. consulate. During the interview, the individual’s role, responsibilities, and other visa-related details will be reviewed. It is critical to ensure that all documents are accurate and complete to avoid delays in the process.

Frequently Asked Questions (FAQ)

Who can apply for an L1 visa?

International companies planning to open a branch or transfer employees to an existing branch in the U.S. are eligible to apply. The applicant must be an executive, senior manager, or employee with specialized knowledge.

How long can I stay in the U.S. on an L1 visa?

L1A visas can be extended up to 7 years, while L1B visas can be extended up to 5 years.

Can I apply for a Green Card with an L1 visa?

Yes, L1A visa holders can apply for a Green Card under the EB-1C category, offering a faster path to permanent residency.

Conclusion

The L1 visa presents an excellent opportunity for multinational companies looking to establish or expand operations in the U.S. By transferring qualified employees to the U.S., companies can rapidly scale their operations and enter the U.S. market. The key to a successful L1 visa application is ensuring that both the applicant and the company meet all the necessary criteria.

At CK Law Firm, we are here to guide you through every step of the L1 visa application process. For professional support, more detailed information, or to schedule a consultation, contact us via our website cklawfirm.org, email us at info@cklawfirm.org, or reach out through LinkedIn.

Who is Attorney Asım Kılınç?

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