UNITED STATES DEPARTMENT
OF STATE
Tips for U.S. Visas:
FAMILY-BASED IMMIGRANTS
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 and limited.
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)
PETITION
Relatives of intending immigrants who plan to base
their immigrant visa applications on family relationship must obtain
a Form I-130, Immigrant Petition for Relative, from the Immigration
and Naturalization Service (INS). The petitioning U.S. citizen or legal
permanent resident must submit the Form I-130 to the INS office. Forms
and instructions are available from INS. Once INS approves the petition,
they will send the petitioner a notice of approval, Form I-797. INS
will also forward the approved petition to the Immigrant Visa Processing
Center, which will contact the intending immigrant with further information.
VISA INELIGIBILITY / WAIVER
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, have a dangerous physical or mental disorder,
or are drug addicts; have committed serious criminal acts; are terrorists,
subversives, members of a totalitarian party, or former Nazi war criminals;
have used illegal means to enter the United States; or are ineligible
for citizenship. Some former exchange visitors must live abroad two
years. Physicians who intend to practice medicine must pass a qualifying
exam before receiving immigrant visas. If found to be ineligible, the
consular officer will then advise the applicant if the law provides
for some form of waiver.
OTHER IMPORTANT INFORMATION
Documents for a Visa Application
All applicants must submit certain personal documents
such as passports, birth certificates, police certificates, and other
civil documents, as well as evidence that they will not become public
charges in the U.S. 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 US$260 for application and US$65 for issuance. Fees must be paid
for each intending immigrant regardless of age, and are not refundable.
Local currency equivalents are acceptable. Fees should not be sent to
the consular office unless requested specifically. The INS charges additional
fees for filing petitions.
Numerical Limitations
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 were 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 years before a priority date
is reached. For the latest priority dates, call (202) 663-1541.
Miscellaneous
Since no advance assurances can be given that a
visa will be issued, applicants are advised not to make any final travel
arrangements, not to dispose of their property, and not to give up their
jobs until visas have been issued to them. An immigrant visa can be
valid for four months from date of issuance.
With few exceptions, a person born in the United
States has a claim to U.S. citizenship. Persons born in countries other
than the U.S. may have a claim, under United States law, to U.S. nationality
if:
Either parent was born or naturalized in the U.S.,
or
Either parent was a U.S. citizen at the time of applicant's birth.
Any applicant believing he or she may have a claim
to U.S. citizenship should not apply for a visa until his or her citizenship
has been determined by the consular office.
FURTHER INQUIRIES
Further information about the specific categories
of immigrant visas listed above and which category a relative may fall
under can be obtained from your local INS office. Questions on the visa
application procedures at the American consular office overseas should
be addressed to that consular office.
UNITED STATES DEPARTMENT OF STATE
Bureau of Consular Affairs
Visa Services
February 1998
Visa
Services
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Department of State document.
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