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Us Government Visa

  Visa Information

In general, in order to be eligible to apply for an immigrant visa, a foreign citizen must be sponsored by a U.S. citizen relative(s) or by a prospective employer. Unlike most other immigrant categories, Immediate Relatives are not subject to numerical limits under immigration law. For an overview of the types of immigrant visas available under immigration law, please see Immigrant Visa Classifications on the USCIS Website. Major immigrant categories are:

Immediate Relatives
Special Immigrants
Family-sponsored
Employer-sponsored
Additionally the Diversity Visa Program provides a certain number of permanent resident visas annually. These visas are drawn from countries with low rates of immigration to the U.S. For information specific to each visa type, please click on the links below.

Family Immigration
UNLIMITED FAMILY-BASED

Immediate Relatives of U.S. Citizens (IR): The spouse, widow(er) and unmarried children under 21 of a U.S. citizen, and the parent of a U.S. citizen who is 21 or older.

Returning Residents (SB): Immigrants who lived in the United States previously as lawful permanent residents and are returning to live in the U.S. after a temporary visit of more than one year abroad.

LIMITED FAMILY-BASED

Family First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their children, if any. (23,400)

Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (over age 20) of lawful permanent residents. (114,200) At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder will be allocated to unmarried sons and daughters.

Family Third Preference (F3): Married sons and daughters of U.S. citizens, and their spouses and children. (23,400)

Family Fourth Preference (F4): Brothers and sisters of United States citizens, and their spouses and children, provided the U.S. citizens are at least 21 years of age. (65,000)

Adopting a Child
A child adopted by a U.S. citizen and who will reside in the US must obtain an immigrant visa before he or she can enter the U.S. Issuance of visas is governed by the Immigration and Nationality Act (INA), which currently provides for two categories of adopted children to immigrate to the United States. The first category, as provided in INA 101(b)(1)(E), allows a child adopted by an American citizen before they reached the age of 16 who has already resided with the adoptive parent in their legal custody for two years, to immigrate to the United States. The second category, as provided in INA 101(b)(1)(F), allows an “orphan,” as defined by U.S. law and regulations, to immigrate. Since most parents adopting overseas do not meet the custody and residence requirements of 101(b)(1)(E), the focus of this information sheet is on 101(b)(1)(F) orphans. Parents who believe that their situation may fall into the first category should contact their nearest CIS office or Embassy or Consulate for additional information. The Department of State strongly advises U.S. citizens to verify that a particular child will fit into one of these two categories per U.S. immigration law and regulations before proceeding with an adoption. A consular officer cannot issue a visa to an adopted child if he or she does not meet the legal definitions of 101(b)(1)(E) or 101(b)(1)(F).

Marriage to a Foreign National

An appointment package is sent to the agent or the applicant. (See note below.) The appointment package gives the applicant an interview date and tells you the specific requirements of the visa. It includes instructions on where to go to have the required medical examination. In general, the following is required:

A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States.
Birth certificate
Divorce or death certificate of any previous spouse
Marriage certificate
Police certificate from all places lived since age 16
Medical examination
Evidence of financial support. A completed Form I-864 Affidavit of Support from petitioner/ sponsor is required.
Application for Immigrant Visa and Alien Registration, Form DS-230, both Part I and Part II
Two immigrant visa photos
Proof of the marriage and the husband/wife relationship
Payment of immigrant processing fees, as explained below

Diversity Visa Program
The Congressionally mandated Diversity Immigrant Visa Program makes available 50,000 permanent resident visas annually, drawn from random selection among all entries to persons who meet strict eligibility requirements from countries with low rates of immigration to the United States.

Employment Visas
Priority Workers receive 28.6 percent of the yearly worldwide limit. All Priority Workers must be the beneficiaries of an approved Form I- 140, Immigrant Petition for Foreign Worker, filed with BCIS. Within this preference there are three sub-groups:

Persons of extraordinary ability in the sciences, arts, education, business, or athletics. Applicants in this category must have extensive documentation showing sustained national or international acclaim and recognition in the field of expertise. Such applicants do not have to have a specific job offer so long as they are entering the U.S. to continue work in the field in which they have extraordinary ability. Such applicants can file their own petition with the BCIS, rather than through an employer;

Outstanding professors and researchers with at least three years experience in teaching or research, who are recognized internationally. No labor certification is required for this classification, but the prospective employer must provide a job offer and file a petition with the BCIS; and

Certain executives and managers who have been employed at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer. The applicant must be coming to work in a managerial or executive capacity. No labor certification is required for this classification, but the prospective employer must provide a job offer and file a petition with the BCIS.

Fees

Filing an immigrant Petition for Alien Relative, form I-130
Processing an immigrant visa application, for DS-230
Reviewing an I-864, Affidavit of Support (for petitions filed in the United States)
Medical examination (costs vary from place to place)
Fingerprinting fees, if applicable
Other costs may include translation and photocopying charges, fees for getting the documents you need for the immigrant visa application (such as passport, police certificates, birth certificates, etc.) and travel expenses to go to the embassy or consulate for the interview. Costs vary from country to country and case to case.


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