Immigrant Visas
Applying for An Immigrant Visa
General Information | Required Documents | Ineligible Persons
In general any applicant for an immigrant visa must be the beneficiary of an approved petition. Certain applicants such as priority workers, investors, certain special immigrants, and diversity immigrants can petition on their own behalf. All other intending immigrants must have a relative or potential employer petition for them.
- Applicants for family-sponsored immigrant visas who believe they are entitled to immigrant status based on a relationship to a United States citizen or lawful resident alien (see I (A) and II (A) (1-4), above), should request that relative to file a petition (Form I-130) with the nearest office of the Bureau of Citizenship and Immigration Services in the United States. In some cases, if the American citizen sponsor is residing abroad, he or she may file the petition with an Immigration Service officer or a U.S. consular officer at an American Embassy or Consulate.
- Applicants for employment-based immigrant visas (see II (B) (1-3) above), who believe they are entitled to immigrant status based on proposed employment in the United States, require an approved petition (Form I-140) from the Bureau of Citizenship and Immigration Services, in the United States. Persons described in II (B) (1) as Priority Workers may petition on their own behalf which the Bureau of Citizenship and Immigration Services, while others must have their prospective employers file the petitions. Prior to filing a petition with the Immigration Service, applicants for classification under II (B) (2&3) as members of the professions, professionals, skilled and unskilled workers, must obtain certifications from the Department of Labor that there are no qualified workers available for the proposed employment in the United States.
- Special immigrant returning residents described in Part I (B) above and United States government employees described in Part II (B) (4) above must apply to the Secretary of State through a United States consular office abroad. All other special immigrant described in part II (B) (4) above must file a Form I-360 petition with an office of the Bureau of Citizenship and Immigration Services.
- An investor described in Part II (B) (5) above must file a Form I-526 petition with the Bureau of Citizenship and Immigration Services.
The consular office will advise the beneficiary of the petition (the applicant for a visa) when it is received from the approving office. The consular office will give the visa applicant further instructions to follow at that time. Attorneys cannot accompany their clients or participate during an interview with a consular officer.
Documents Required in Support of a Visa Application
All applicants must submit certain personal documents such as passports, birth certificates, marriage certificate, police certificates, a penal record for judicial purpose is requested, court and prison records, as well as evidence that they will not become public charges in the United States, military record, and other civil documents. The consular officer will inform visa applicants of the documents needed as their applications are processed.
Medical Examinations
Before the issuance of an immigrant visa, every applicant, regardless of age, must undergo a medical examination. The examination will be conducted by a doctor designated by the consular officer. Costs for such examinations must be borne by the applicant.
Visa Fees
The cost of each formal immigrant visa application is listed under Consular Tariff Item No. 20, and the cost of each issued immigrant visa is listed under Tariff Item No. 21. Schedules of fees are posted in all U.S. Consular Offices. Fees must be paid by, or on behalf of, each intending immigrant regardless of age, and are not refundable. Fees may be paid in US dollars or euros. Fees should not be sent to the consular office unless specifically requested. The Bureau of Citizenship and Immigration Services charges additional fees for filing petitions.
Numerical Limitations
In addition to the numerical limitations for each category of immigrant visa described in Section II above, there are limits on various sub-preferences, as well as limits on the number of immigrant visas per year which can be issued to natives of any single country. Some of these numerical limits are based on formulas which change in relationship to each other, so that it is not possible to state a specific figure for each sub-category.
Whenever there are more qualified applicants for a category than there are available numbers, the category will be considered oversubscribed, and immigrant visas will be issued in the chronological order in which the petitions wre filed until the numerical limit for the category is reached. The filing date of a petition becomes the applicant's priority date. Immigrant visas cannot be issued until an applicant's priority date is reached. In certain heavily oversubscribed categories, there may be a waiting period of several year before a priority date is reached.
Miscellaneous
Since no advance assurances can be given that a visa will be issued, applicants are advised not to give up their jobs until visas hae been issued to them. An immigrant visa is valid for 6 months from date of issuance.
Persons born in countries other than the United States may have a claim, under United States law, to United States nationality if: a) Either parent was born or naturalized in the United States. b) Either parent was a United States citizen at the time of birth of the applicant.
With few exceptions, a person born in the United States has a claim to United States citizenship. Any applicant believing that he or she may have a claim to United States citizenship should not apply for a visa until his or her citizenship has been determined. the applicant should inform the consular office immediately of a citizenship claim so that steps can be taken to determine if the applicant is entitled to a U.S. passport rather than an immigrant visa.
Further information about the specific categories of immigrant visas listed above are available from the nearest American consular office. Applicants for immigrant visas who have questions not answered in this information sheet may communicate with the nearest consular office.
The immigration laws of the United States, in order to protect the health, welfare and security of the United States, prohibit the issuance of a visa to certain applicants. Examples of applicants who must be refused visas are those who: have a communicable disease such as tuberculosis, or have a dangerous physical or mental disorder, or are drug addicts: have committed serious criminal acts, including crimes involving moral turpitude, drug trafficking, and prostitution or procuring; are terrorists, subversives, members of a totalitarian party or former Nazi war criminals; are likely to become public charges in the United States; have used fraud or other illegal means to enter the United States; or are ineligible for citizenship. Former exchange visitors must live abroad 2 years and physicians who intend to practice medicine must pass a qualifying exam before receiving immigrant visas.
If any of the foregoing restrictions might apply, then a statement regarding the facts should be submitted to the consular officer. The consular officer will then advise the applicant if the law provides for some form of relief, such as a waiver of ineligibility.
Note: Applicants are required to swear or affirm to the truth and accuracy of a visa application at the time of formal application and to submit certain documentary evidence to establish eligibility for the visa. These statements and the evidence will be carefully examined. It should be understood that willful misrepresentation of a material fact in connection with a visa application may result in a permanent bar to entry into the United States, or deportation if admitted into the United States.