You have decided to start the process of obtaining an immigrant visa to move to the United States. This is an exciting step, but the application process can also be complex and lengthy.
In this article, you will learn about the different types of immigrant visas, eligibility requirements, and step-by-step instructions for how to complete Form DS-260 and assemble all required civil documents.
Key steps are outlined such as obtaining a medical examination, attending your visa interview at the U.S. embassy or consulate, and understanding the visa issuance or refusal process. With advanced preparation using the guidance provided, you can feel confident submitting a complete and accurate visa application. Approaching this process systematically and patiently is critical for achieving your goal of immigrating to the United States.
Types of Immigrant Visas
There are several categories of immigrant visas issued by U.S. Citizenship and Immigration Services (USCIS) according to the applicant’s relationship to a U.S. citizen or lawful permanent resident.
1. Family-Based Visas
Family-based immigrant visas allow U.S. citizens and lawful permanent residents to sponsor certain family members for lawful permanent residence in the United States based on a close family relationship. The application process involves several forms and documents to prove the relationship. The most common types are visas for spouses (IR1/CR1), unmarried sons/daughters (F1), married sons/daughters (F3), and siblings (F4).
2. Employment-Based Visas
Employment-based immigrant visas grant lawful permanent residence to individuals who wish to enter the U.S. based on job skills, job offers, or a combination of both. The process requires the sponsoring employer to obtain a labor certification and file an I-140 immigrant petition. The common types are visas for priority workers (EB1), professionals with advanced degrees (EB2), and skilled workers, professionals, and unskilled workers (EB3).
3. Other Visa Categories
Other less common immigrant visa categories include visas for widows/widowers of U.S. citizens (IW), former citizens (IB), international broadcasters (I5), ministers/missionaries (IR2), abused spouses/children (VAWA), and victims of human trafficking (T1). The eligibility criteria and application process differ for each visa category.
In summary, there are several paths to becoming a lawful permanent resident in the United States based on family relationships, job skills, humanitarian reasons or other factors. The key is finding the appropriate visa category and going through the necessary application process. With patience and perseverance, the “American Dream” of living and working permanently in the U.S. can become a reality.
Eligibility Requirements for Immigrant Visas
To be eligible for an immigrant visa, you must meet certain requirements as set by U.S. immigration law. These include:
1. Relationship to U.S. sponsor
You must have a qualifying family relationship with a U.S. citizen or lawful permanent resident sponsor. This includes spouses, children, parents, siblings, etc. Your sponsor will need to file a family-based visa petition on your behalf to begin the process.
2. Admissibility
You must be admissible to the United States under U.S. immigration law. Reasons that could make you inadmissible include health issues, criminal issues, fraud issues, and security issues. You will need to pass medical exams and background checks to ensure you are admissible. Certain waivers may be available for some inadmissibility grounds.
3. Interview
Most immigrant visa applicants are required to attend an interview, where a consular officer will determine your eligibility for the visa. You will need to bring all necessary documentation to the interview to prove your relationship to the sponsor, admissibility, and eligibility. The interview allows the officer to ask you questions, review documents, and make a final determination on your application.
4. Numerical limits
Immigrant visas are subject to numerical limits for each visa category and country. There are limits on the number of visas that can be issued each year. You may encounter wait times before a visa becomes available due to these limits. Priority dates are used to ensure visas are issued in the proper order based on the filing date of the underlying family petition.
Meeting these core requirements—having a qualifying relationship, being admissible, attending an interview, and waiting for a visa to become available based on numerical limits—are essential to obtaining an immigrant visa. Following the proper steps and submitting a complete application will help facilitate the process.
How to Apply for an Immigrant Visa
To obtain an immigrant visa, you must follow a multi-step application process. First, a U.S. citizen family member or employer must file a petition on your behalf to establish your eligibility for an immigrant visa. Once the petition is approved, you can begin the application process.
1. Submit Visa Application Forms
You must submit application forms DS-260, Application for Immigrant Visa and Alien Registration, and DS-261, Choice of Address and Agent. Form DS-260 collects biographical information to determine your eligibility for a visa. Form DS-261 provides contact information for you and your agent or representative. These forms must be completed online and submitted with the appropriate fees.
2. Compile Required Documentation
To complete your application, you must provide civil documents proving your age, marital status, and relationship to the petitioner. These may include birth, marriage, divorce, or death certificates. You must also provide evidence of the petitioner’s status, such as proof of U.S. citizenship or lawful permanent residence. Additional documents regarding your education, skills, job experience, and financial status may also be required. All foreign language documents must be accompanied by English translations.
3. Complete Medical Examination
As part of the application process, you must undergo a medical examination with an authorized doctor in your country of residence. The exam confirms you are in good health and up-to-date on all required vaccinations. It will also test for certain communicable diseases that would make you inadmissible to the United States. Your exam results must be no older than 6 months when you attend your visa interview.
4. Attend Visa Interview
The final step is to attend an interview at the U.S. embassy or consulate in the country where you live. A consular officer will review your application and documentation to verify your eligibility for an immigrant visa. You will undergo additional screening and background checks to ensure you are admissible to the United States under U.S. immigration law. If your application is approved, your passport will be returned with your immigrant visa. You can then travel to the U.S. to complete processing for admission as a lawful permanent resident.
Following these steps carefully and providing complete and accurate information will help ensure your immigrant visa application is processed as quickly as possible.
READ ALSO: Immigrant Visas: Requirements and Application Process
FAQs
What are the basic requirements to apply for an immigrant visa?
To apply for an immigrant visa, you must meet certain eligibility criteria set by U.S. immigration law. The basic requirements are:
- You must be the beneficiary of an approved immigrant petition. This is usually filed by a family member or employer in the U.S. who wishes to sponsor your immigration.
- You must not be inadmissible to the U.S. under immigration law. There are several grounds of inadmissibility, including health-related issues, criminal issues, and security issues. Waivers may be available for some grounds of inadmissibility.
- You must show that you are not likely to become a public charge in the U.S. This means demonstrating that you have adequate means of financial support and are unlikely to depend on government cash assistance programs.
- You must undergo a medical exam with an authorized doctor and obtain the required vaccinations. The purpose is to screen for communicable diseases of public health significance.
- You must attend an interview at a U.S. embassy or consulate. The interview allows a consular officer to verify the information in your application and supporting documents.
- You must pay the required government filing and visa application fees. The fees include processing fees for the immigrant petition, for your medical exam, and for the immigrant visa application.
What documents do I need to submit with my immigrant visa application?
The documents required for an immigrant visa application include:
- A photocopy of the approval notice for the immigrant petition that makes you eligible to apply.
- Form DS-260, Online Immigrant Visa Application. You must submit this form on the CEAC website.
- Civil documents proving your relationship to the petitioner (e.g. birth, marriage, divorce certificates).
- Evidence of financial support such as bank statements, tax returns, pay stubs, etc.
- Your valid passport.
- Two color photographs of yourself that meet the photo requirements.
- The medical exam report in a sealed envelope.
- A police certificate from all countries where you have lived for more than 12 months since the age of 16.
- Evidence of payment of the required fees.
- Any additional documents requested in the interview invitation letter.
The list of required documents depends on the specific type of immigrant visa you are applying for. It is best to check with the embassy website for the definitive list of required evidence for your case.