[DEEP DIVE] Immigrant Visa

Immigrant Visa
An immigrant visa is required of anyone who wishes to enter the United States to reside there permanently, whether or not that person plans to seek employment in the United States. U.S. immigration law provides for the issuance of immigrant visas in four general categories: immediate relative, family based, employment based, and the Diversity Immigrant Visa Program, known as the "green card" lottery. There are three steps involved in applying for an immigrant visa: Step 1: Filing an immigrant visa petition with the U.S. Citizenship and Immigration Services. Step 2: The processing of the immigrant visa. Step 3: The immigrant visa interview and medical examination. To find out more about this process, please click on the relevant tabs on the left-hand Navigation bar. Notice: If you have been requested to submit additional documentation to the Immigrant Visa Unit in support of your visa case, you may no longer come in person to submit the requested documents. All documents must be submitted via American Express Courier, or its affiliates

Different types of Petitions:

I-130: Petition for Alien Relative

An I-130 petition is filed by a U.S. Citizen or Lawful Permanent Resident on behalf of a close relative. The petition is filed with the USCIS office having jurisdiction over the petitioner's place of residence.
I-140: Immigrant Petition for Alien Worker

With limited exceptions, an I-140 petition is filed by the prospective employer with the USCIS in the United States.
I-129F: Petition for Alien Fianc (e)

An I-129F is filed by a U.S. Citizen on behalf of a fianc (e), or on behalf of a spouse who is the beneficiary of immigrant visa petition and who is traveling to the United States to reside there while the immigrant visa application is being processed. The petition is filed with the USCIS in the United States.
I-360: Petition for Amerasian, Widow(er), or Special Immigrant

An I-360 is filed by the applicant or employer with the USCIS in the United States. Widow(er)s of U.S. Citizens who are resident in the United Kingdom may be eligible to file the petition with the USCIS office at the Embassy.
I-526: Immigrant Petition by Alien Entrepreneur

An I-526 is filed by the applicant with the USCIS in the United States. For further information concerning the immigrant visa petition process, please contact the U.S. Citizenship and Immigration Services.

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Affidavit of Support
The Affidavit of Support, Form I-864, is required to show that an intending immigrant has adequate means of financial support while in the United States and is not likely to become a public charge. By executing this form, the sponsor/joint sponsor agrees to support the intending immigrant and any spouse and/or children immigrating with him or her and to reimburse any government agency or private entity that provides the sponsored immigrant with Federal State or local means tested public benefits. The sponsor/joint sponsors obligation continues until the sponsored immigrant becomes a U.S. citizen, can be credited with 40 qualifying quarters of work, departs the United States permanently, or dies. Divorce does not terminate the obligation. Who requires an I-864?

A person qualifying for immigration in the immediate relative category as a spouse, child, including orphans, or parent of a U.S. citizen; A person qualifying for immigration in the family based preference categories as the unmarried son or daughter, married son or daughter, and brother/sister of a U.S. citizen and spouse and unmarried child of a Lawful Permanent Resident; and A person qualifying for immigration in the employment based preference categories where a family member filed the immigrant visa petition, form I-140, or the family member has a 5% or more ownership interest in the company which filed the immigrant visa petition, form I-140

What about the fianc (e) of a U.S. citizen who is applying for a fianc (e) visa? An I-864 is not required when applying for a fianc (e) visa. An I-864 will be required at the time the fianc(e) visa holder applies to adjust his or her status from nonimmigrant to conditional resident with the United States Citizenship and Immigration Services(USCIS).

Applicant types:
1) 2) 3) 4) 5) Spouses and Fianc(e)s of a US Citizen Immediate Relative Family Based Employment Based Diversity/Lottery Visa

Spouses and Fianc (e)s of a US Citizen

A United States citizen cannot transmit citizenship to a spouse. A spouse or fianc(e) who wishes to take up indefinite residence in the United States requires one of the following visas: Nonimmigrant (K-3) visa Spouses, on whose behalf an immigrant visa petition, Form I-130, has been filed, may also be eligible for the nonimmigrant K-3 visa. The visa entitles the holder to travel to the United States to await the approval of the immigrant visa petition. Fianc(e) Visas If you will marry in the United States with the intention of taking up indefinite residence after marriage, you will require a fianc(e) visa. Note: If you will do not intend taking up indefinite residence in the United States but will continue to live and work abroad after the marriage ceremony you should apply for a non-immigrant visa. Accompanying children Children of U.S. citizens who have no claim to U.S. citizenship are eligible for immigration either in the immediate relative category, if under the age of 21 and single, or the family based preference category if over the age of 21

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and/or married. Note: Step-children of a U.S. citizen will qualify for immigration in the immediate relative category only if the marriage creating the relationship of step-parent and child occurred before the childs eighteen birthday. Derivative visa status is accorded to the child under the age of 21 of the beneficiary of a fiance(e) visa petititon, provided the child has no claim to U.S. citizenship.

Immediate Relative:
U.S. immigration law allows immediate relatives of U.S. citizens to immigrate to the United States. "Immediate Relatives" include: spouses, widow(er)s, unmarried children under age 21, and parents of a U.S. citizen who is over 21 years. There are four steps to this process: 1. 2. 3. 4. File the petition Gather required documents for the interview Interview at the Embassy After your visa is approved

Step 1 - File the Petition All U.S. citizens with a permanent address in the United States will file I-130 petitions at the USCIS service center in the United States having jurisdiction over their place of residence. A list of service centers is included in the instructions with downloadable Form I-130. When the petition is approved by USCIS, they will send you a notice of approval, a Form I-797. At the same time they will also forward the approved petition to the National Visa Center (NVC), which will contact your relative who is the intending immigrant with further information. The National Visa Center will process and forward the approved petition to the Embassy in Islamabad for the visa interview and adjudication. Step 2 - Gather Required Documents for the Interview Once the approved petition has been received at the immigrant visa unit, you will receive the "Instruction Package for Immigrant Visa applicants," with a list of the documents the intending immigrant must present at the immigrant visa interview.

Please ensure that you complete Form DS-230, Part I (PDF 175 KB),and return it as soon as possible. This way we can begin the required internal administrative processing. You then need to notify us once you have obtained all the necessary documents as listed in the "Instructions Package for Immigrant Visa Applicants." The IV unit will schedule the final visa interview. You will need to have a medical exam. The fee for the medical exam is in addition to fees paid directly to the U.S. government. You pay this fee to the doctor directly.

Step 3 - The Interview at the Embassy Appointments are necessary for immigrant visa interviews. The petitioner is not required to attend.

Each applicant, regardless of age, must appear in person for his/her interview. At that time all documents will be evaluated and a decision will be made. There can be no guarantees in advance regarding the outcome of the interview, and applicants are advised not to make travel arrangements until after the visa is approved.

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Applicants may be found ineligible in accordance with immigrant visa law. For example, if you have a communicable disease, have committed criminal acts, or you are likely to become a public charge, you will be found ineligible. The two year foreign residency requirement for former exchange visitors (J visas) is also applicable. If you are found ineligible, the consular officer will advise you if the law provides for a waiver. You should plan on the interview lasting the entire afternoon.

Step 4 - After your Visa is Approved and Issued Once you have received your immigrant visa, you must enter the United States within 6 months of visa issuance to obtain an alien registration receipt or "green card" (Form I-151 or I-551) that will allow you to live and work in the United States. At the port of entry DHS officials will assign you an "alien number."

They will stamp your passport with this number and make a notation that you are registered for an alien registration card. It normally takes several months for DHS to process and send the alien registration card to you. In the interim, the passport stamp, valid for a year, permits employment and travel as you await your green card. You may depart and return to the U.S. before you receive the alien registration receipt card, as long as the DHS stamp in your passport has not expired. Should you wish to leave the U.S. and your stamp has expired and you have not yet received your alien card, you should contact DHS in the U.S. before departure to obtain permission to return to the U.S. If, in the future, you plan to live outside the U.S. for more than 12 months, you must apply for a re-entry permit (Form I-131) in the U.S. before departure. The maximum validity of this document is two years. If the relocation is permanent, you should formally abandon your permanent resident status. Without a re-entry permit, any absence from the U.S. of 12 months or longer, or any residence established outside the U.S., is considered grounds for loss of permanent resident status.

Important Notice: If at the time of admission to the United States, you will have not celebrated the second anniversary of your marriage, which is the basis of your immigrant status, you are subject to the provisions of section 216 of the Immigration and Nationality Act. Under these provisions, you will be granted conditional permanent residence by an officer of the Department of Homeland Security (DHS) at the time of your admission to the United States. You and your spouse will be required to file a joint petition (Form I-751) with the DHS to have the conditional basis of your status removed. This petition must be filed within the ninety-day period immediately preceding the second anniversary of the date you were granted conditional permanent resident status. If a petition to remove the conditional basis of your status is not filed within this period, your conditional permanent status will be terminated automatically and you will be subject to deportation from the United States. You will be provided with written information about this status when your visa is approved and issued, which you should retain and use as a reference. Fourth, under the Non-Immigrant Visa Header, can we move the Contact Information page to the bottom of the list on the left under photograph requirements. Can we also add a page that says Student Visas under U.S. Visa Categories (change visas to visa) and move Emergency Appointments up to the second in the list below Applying for a Nonimmigrant visa.

Family Based:
Family-based immigrants are defined as: brothers and sisters and adult or married sons and daughters of U.S. citizens, or spouse of a U.S. permanent resident. There are numerical limitations to these categories of immigrants, meaning there will be a waiting period after your petition is approved and before you can apply for U.S. immigration. Numerical Limitations Whenever there are more qualified applicants for a category than there are available places, the category is considered oversubscribed. Immigrant visas are issued in the chronological order in which the petitions were filed until the numerical limit for the category is reached. The filing date of a petition becomes the applicant's priority date.

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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 years before a priority date is reached. Check the Visa Bulletin for the latest priority dates. Family First Preference (F1) Unmarried sons and daughters of U.S. citizens and their minor children, if any. Family Second Preference (F2) Spouses, minor unmarried children and unmarried sons and daughters (age 21 or older) of lawful permanent residents. Family Third Preference (F3) Married sons and daughters of U.S. citizens and their spouses and minor children. Family Fourth Preference (F4) Brothers and sisters of United States citizens and their spouses and minor children provided the U.S. citizen is at least 21 years of age. Step One - File the Immigrant Petition The US citizen or permanent resident relative of intending immigrants, who plans to base their immigrant visa application on family relationship, must submit a Petition for Alien Relative (Form I-130) to the Department of Homeland Security (DHS) office nearest their place of residence. Once USCIS approves the petition, they will send the petitioner a notice of approval (Form I-797). USCIS will also forward the approved petition to the National Visa Center which will contact the intending immigrant with further information. Important Notice: U.S. law limits the number of family-based immigrant visas that are available every year. This means that even if the DHS approves an immigrant visa petition for you, you may not get an immigrant visa immediately. In some cases, several years could pass between the time your immigrant visa petition is approved and the time your immigrant visa is issued. Immigrant visas are issued in the chronological order in which the petition was filed until the numerical limit for the category is reached. The filing date of the petition becomes the applicant's priority date. Immigrant visas cannot be issued until the applicant's priority is reached. Check the Visa Bulletin for the latest priority dates or call (202) 663-1541. DHS will send the approved immigrant visa petition to the National Visa Section where it will remain until the priority date is available. You do NOT need to contact theNational Visa Center, the National Visa Center will contact you with the "Instruction package for immigrant visa applicants". Step Two - Gather Required Documents and Prepare for the Immigrant Visa Interview Once you have received the "Instruction Package for Immigrant Visa Applicants", the intending immigrant (your immediate relative) must follow the instructions regarding the visa fees and documentation. Once NVC has received your immigrant visa fee, it will send you the immigrant visa application (Form DS-230, part I) along with further instructions. Step Three - The Immigrant Visa Interview Once the Immigrant Visa Unit in Paris has received your case from the National Visa Center, they will schedule the final visa interview.

You will need to have a medical exam. The fee for the medical exam is in addition to fees paid directly to the U.S. government. You pay this fee, in euros, to the doctor directly. Appointments are necessary for immigrant visa interviews, but the petitioner is not required to attend.

Applicants may be found ineligible in accordance with immigrantvisa law. For example, if you have a communicable disease, have committed criminal acts, or you are likely to become a public charge you will be found ineligible. The two years foreign residency requirement for former exchange visitors is alsoapplicable. If you are found ineligible, the consular officer will advise you if the law provides for a waiver. Step Four - After the Visa is Approved and Issued Once you have received your immigrant visa, you must enter the United States within 6 months of visa issuance to obtain an alien registration receipt or "green" card (Form I-151 or I-551) that will allow you to live and work in the United States.

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At the port of entry DHS officials will assign you an "alien number." They will stamp your passport with this number and make a notation that you are registered for an alien registration card. It normally takes several months for DHS to process and send the alien registration card to you. In the interim, the passport stamp, valid for a year, permits employment and travel as you await your green card. You may depart and return to the U.S. before you receive the alien registration receipt card, as long as the DHS stamp in you passport has not expired. Should you wish to leave the U.S. and your stamp has expired and you have not yet received your alien card, you should contact DHS in the U.S. before departure to obtain permission to return to the U.S. If, in the future, you plan to live outside the U.S. for more than 12 months, you must apply for a re-entry permit (Form I-131) in the U.S. BEFORE departure. The maximum validity of this document is two years. If the relocation is permanent, you should formally abandon your permanent resident status. Without a re-entry permit, any absence from the U.S. of 12 months or longer, or any residence established outside the U.S., is considered grounds for loss of permanent resident status.

Important Notice: If at the time of admission to the United States, you will have not celebrated the second anniversary of your marriage, which is the basis of your immigrant status, you are subject to the provisions of section 216 of the Immigration and Nationality Act. Under these provisions, you will be granted conditional permanent residence by an officer of the Department of Homeland Security (DHS) at the time of your admission to the United States. You and your spouse will be required to file a joint petition (Form I-751) with the DHS to have the conditional basis of your status removed. This petition must be filed within the ninety-day period immediately preceding the second anniversary of the date you were granted conditional permanent resident status. If a petition to remove the conditional basis of your status is not filed within this period, your conditional permanent status will be terminated automatically and you will be subject to deportation from the United States. You will be provided with written information about this status when your visa is approved and issued, which you should retain and use as a reference.

Employment Based:
The Immigration and Nationality Act provides a yearly limit of 140,000 employment-based immigrant visas, which are divided into five preference categories. They usually require a labor certification from theU.S. Department of Labor (DOL) and the filing of a petition with theDepartment of Homeland Security (DHS). Categories Employment First Preference (E1) Priority Workers must have an approved Form I-140, Immigrant Petition for Foreign Worker, normally filed by the employer in the U.S. with the DHS. They include: People of extraordinary ability in the sciences, arts, education, business, or athletics. Applicants must have extensive documentation showing national or international acclaim and recognition in their field of expertise. They do not have to have a specific job offer, and can file their own petition with the DHS.

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 DHS; and Executives and managers who have already been employed by a U.S. companys affiliate, parent, subsidiary, or branch. No labor certification is required, but the prospective employer must provide a job offer and file a petition with the DHS.

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Employment Second Preference (E2) Professionals Holding Advanced Degrees, or Persons of Exceptional Ability in the Arts, Sciences, or Business. All applicants must have a labor certification, or establish that they qualify for one of the shortage occupations. A job offer is required and the U.S. employer must file a petition on behalf of the applicant. Employment Third Preference (E3) Skilled Workers, Professionals Holding Baccalaureate Degrees and Other Workers. All applicants require an approved Form I-140 petition filed by the prospective employer. All require a labor certification or evidence that they qualify for one of the shortage occupations. Employment Fourth Preference (E4) Special E4 Immigrants must be the beneficiary of an approved I-360, Petition for Special Immigrant, except overseas employees of the U.S. Government who must use Form DS-1884. Employment Fifth Preference (E5) Employment Creation Investor applicants must file a Form I-526, Immigrant Petition by Alien Entrepreneur, with the USCIS. To qualify, the applicant must invest between U.S. $500,000 and $1,000,000, in a commercial enterprise which creates at least 10 new full-time jobs for U.S. citizens, permanent resident aliens, or other lawful immigrants, not including the investor and his or her family. Labor Certification A person whose occupation requires a labor certification must have prearranged employment in the United States. Individual Labor Certification and Petition for Employment Based Immigration The prospective employer will coordinate with the prospective employee to file the appropriate forms for the Labor Certification in the United States where the work will be performed. The employer will be notified by the Department of Labor (DOL) when it is approved or disapproved. If a labor certification is granted, the employer may then file a Form I-140, Petition for Prospective Immigrant Employee, with the DHS for the appropriate preference category. Step One - File the Immigrant Visa Petition All intending immigrants who plan to base their immigrant visa application on employment in the United States must obtain an approved immigrant visa petition, filed by their prospective employer, from the Department of Homeland Security (DHS). If a labor certification is granted, the employer must first obtain that and then file a Form I-140, petition for Prospective Immigrant employee. The DHS will forward the approved petition to the National Visa Center, which will contact the intending immigrant with further information. Step Two - Gather the Required Documents and Prepare for the Immigrant Visa Interview Once you have received the "Instruction Package for Immigrant Visa Applicants", the intending immigrant must follow the instructions regarding the visa fees and documentation. Once NVC has received your immigrant visa fee, it will send you the immigrant visa application (Form DS-230, part I) along with further instructions. STEP THREE: The Immigrant Visa Interview Once the American Embassy in Paris has received your immigrant visa case from the National Visa Center, the Immigrant Visa Unit will schedule your visa interview. Appointments are necessary for immigrant visa interviews. Everyone applying for immigration must appear in person, that includes the principal applicant (prospective employee) and eligible accompanying family members.

You will need to have a medical exam. The fee for the medical exam is in addition to fees paid directly to the US government. You pay this fee, in euros, to the doctor directly.

Applicants may be found ineligible in accordance with immigrantvisa law. For example, if you have a communicable disease, have committed criminal acts, or you are likely to become a public charge you will be found ineligible. The two years foreign residency requirement for former exchange visitors is alsoapplicable. If you are found ineligible, the consular officer will advise you if the law provides for a waiver. Step Four - After the Visa is Approved and Issued Once you have received your immigrant visa, you must enter the United States within 6 months of visa issuance to obtain an alien registration receipt or "green" card (Form I-151 or I-551) that will allow you to live and work in the United States.

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At the port of entry DHS officials will assign you an "alien number." They will stamp your passport with this number and make a notation that you are registered for an alien registration card. It normally takes several months for DHS to process and send the alien registration card to you. In the interim, the passport stamp, valid for a year, permits employment and travel while you await your card. You may depart and return to the U.S. before you receive the alien registration receipt card, as long as the DHS stamp in you passport has not expired. Should you wish to leave the U.S. and your stamp has expired and you have not yet received your alien card, you should contact DHS in the U.S. before departure to obtain permission to return to the U.S. If, in the future, you plan to live outside the U.S. for more than 12 months, you must apply for a re-entry permit (Form I-131) in the U.S. BEFORE departure. The maximum validity of this document is two years. If the relocation is permanent, you should formally abandon your permanent resident status. Without a re-entry permit, any absence from the U.S. of 12 months or longer, or any residence established outside the U.S., is considered grounds for loss of permanent resident status.

Diversity/Lottery Visa
Pakistani citizens are not eligible to participate in the Diversity Immigrant Visa (DV) program. The Diversity Visa lottery is a Congressionally mandated program to increase the number of immigrants from countries with historically low levels of legal migration to the United States. Because Pakistan sends many thousands of immigrants each year to the United States, Pakistani citizens have not been eligible for the program since 2002. This puts Pakistan in a small group of other countries with especially high levels of immigration to the United States including Canada, China, India, Mexico, Bangladesh, and the United Kingdom. Afghan citizens are eligible for the Diversity Visa Program and those interested should seek further details about the program at ourDiversity Visa Website. The 2013 Diversity Visa Program (DV-2013) will open at noon, Eastern Daylight Time (EDT) (GMT-4), Tuesday, October 4, 2011, and will close at noon, EDT, Saturday, November 5, 2011. Applicants must submit entries electronically during this registration period using the electronic DV entry form (E-DV) atwww.dvlottery.state.gov. Fraud Warning Be wary of potential fraud related to the Diversity Visa program. Individuals may approach you in person or send you emails claiming you have won a Diversity Visa. The scammers behind fraudulent emails, letters, and websites pose as the U.S. government in an attempt to extract money and information. The U.S. government will not contact anyone telling them they have won a visa and will not solicit payment for an application. The Electronic Diversity Visa Entry Form is free to download and submit. For more information on DV scams please see the Federal Trade Commissions DV Fraud website. And for the most reliable information on the Diversity Visa program, please visit ourDiversity Visa Website.

Common mistakes made on IV Application Form: Below are some common problems we encounter in conjunction with Immigrant Visa applications. Please take time to read the items below. Application Form (DS-230) (PDF 175 KB) Complete all sections of the application including all questions on pages 3 and 4. Do not leave any question unanswered. This includes all parts of questions 22 and 23.

Do not use the term "not applicable" or "N/A". Instead write "none" or "never".

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Sign and date the bottom of page 2. Copies or facsimiles of your signature are not acceptable. Parents of children under 14 should also sign the child's name and write "by (father) or (mother), whichever is appropriate. Do not sign the bottom of page 4. You should only sign page four when instructed to do so when you visit the Embassy for your interview. Review all the information on your application as you are solely responsible for the information provided including any errors, omissions, or falsities. If an applicant received help filling out the application from the petitioner or anyone else, it must be specified on page 4, question 44

Affidavit of Support (I-864) You must have a fully completed, original Form I-864 signed by the petitioner, even if the petitioner has no income.

If the petitioner's income is not sufficient to meet income requirements, the income of a relative residing in the same household can be combined with the petitioner's income by signing an "Agreement of Household Member" (I-864A) (PDF 955 KB).The household member must submit all supporting documents as well. A person residing outside of the petitioner's household may also act as a financial co-sponsor by completing a separate I-864. Household size includes everyone living in your house, even if they are independent. All I-864 and I-864A forms must be accompanied by an income tax return (form 1040 and W-2) or tax receipt from the Internal Revenue Service from the last year for each person. The petitioner and/or any financial cosponsor may also wish to submit recent pay slips and a bank statement. Each family member applying for an immigrant visa must have a copy of the signed I-864.