IMMIGRANT VISAS
Family Based Immigration
The Immigration and Nationality Act allows for the immigration of foreigners to the United States
based on relationship to a U.S. citizen or legal permanent resident. Family-based
immigration falls under two basic categories: unlimited (Immediate relatives of
U.S. citizens) and limited.
Unlimited Family-Based
See Immediate Relatives Information
Limited Family-Based:
Family First Preference (F1):
Unmarried sons and daughters of U.S. citizens and their minor children, if any.
Family Second Preference (F2): Spouses, minor children and unmarried sons and daughters 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.
How to start the process? Filing the Immigrant Visa Petition:
The US citizen or permanent resident relative of intending immigrants, who plan to base their
immigrant visa application on family relationship, must submit a Petition for
Alien Relative (Form I-130) to the Citizenship and Immigration Service office (CIS)
in the United States
Immigration through a family member. Once CIS approves the petition, they
will forward the petition to the National Visa Center (NVC) that will contact
the intending immigrant with further information.
Important Notice: U.S. law limits
the number of immigrant visas that are available every year. This means that
even if the CIS 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 when 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. CIS will send the approved
immigrant visa petition to the National Visa Center where it will remain until
the priority date is available. The National Visa Center will contact you with
the “Instruction package for Immigrant visa applicants”.
When the beneficiary’s priority date is about to become current, NVC
National Visa Center will send
the petitioner a bill for processing form
I-864, Affidavit of support under section 213A of the ACT, and to the
beneficiary a form DS-3032, Choice of address and agent. Once form I-864 is paid,
NVC sends form I-864 with instructions to the petitioner. When NVC receives the
form DS-3032 from applicant, NVC mails a bill for the immigrant visa fee to the
agent or the applicant. Once this fee is paid, NVC sends the “Instruction
Package for immigrant Visa Applicants” to the agent or to the applicant.
Applicant should follow the instructions on the package. Once the case is
completed, National Visa Center will send the case to the Immigrant Visa Unit in
Madrid and a notification to the applicant or his/her agent. The Immigrant Visa
Unit in Madrid will contact the beneficiary.
Immigrant Visa Interview
The immigrant visa unit will schedule the final visa interview with the beneficiary.
The petitioner is not required to attend the immigrant visa interview.
The immigrant visa unit will send you information regarding the medical exam.
Applicants must schedule their medical exam, and pay the medical fee (in Euros only) directly to the clinic.
Please, follow the instructions in the “Appointment package”. Failure to do so could
result in a delay in your case.
The consular officer cannot decide whether or not to issue you an immigrant visa until
you formally apply and are interviewed.
After the visa is approved and issued.
Once the beneficiary has received his/her immigrant visa, s/he must enter the United States within 6
months of visa issuance.
The Immigrant visa is placed inside the bearer’s passport, adhered to one of the pages. At the port of
entry, upon the CBP officer’s placement of an admission stamp on the Machine
Readable Immigrant Visa (MRIV) the alien is admitted to the United States as a
permanent resident. This constitutes a temporary I-551 valid for one year from
the date of the endorsement on the admission stamp. This endorsed stamp is
acceptable for travel and employment purposes. Should the immigrant wish to
leave the U.S. and his/her stamp has expired and s/he has not yet received the
Alien Registration Receipt Card, s/he should contact CIS in the U.S. before
departure to ensure permission to return to the United States.
A permanent resident alien
who intends to remain abroad for more than a year should, at least 30 days prior
to the proposed date of departure, apply while in the United States to the U.S. Citizenship
and Immigration Services (USCIS) in the Department of Homeland Security for a
Reentry Permit. The permit is valid for
two years and may not be extended. If such a permit is obtained the alien may
use this card to reenter the United States within the period of validity. Every
alien applying for readmission must satisfy the immigration authorities that he
or she is eligible in all respects for admission.
To know more about your new life in the United States, check the following guide:
Welcome to the United States: A Guide for New Immigrants Home Page
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