The first step to living permanently in the United States is to obtain an immigrant visa. While most immigrant visas are family or employment-based, visas may be issued in cases of international adoption, marriage, or for other special circumstances as well. To file a petition for a visa, you must have a sponsor who is a citizen or a lawful resident of the U.S.
Applying for a Family Visa
If you are applying for a family visa, it is important to know the difference between having a citizen or a lawful resident as your sponsor. A citizen is able to sponsor a spouse, son or daughter, parent, or sibling, while a lawful resident can only sponsor a spouse or unmarried son or daughter. A family-based immigration visa will begin with your sponsor filing an I-130 Petition for Alien Relative with U.S. Citizenship and Immigration Services (USICIS).
Obtaining a Visa Through Your Employer
If you are obtaining your visa through your employer, your sponsoring employer must file an I-140 Petition for Alien Worker with the USCIS. If you have a specialized skill or are an immigrant investor, you may be able to sponsor yourself and file your own petition.
United States law limits the number of visas issued per year in certain categories. If your petition is filed after this quota has been reached, you will be placed on a waiting list. The date your petition was filed is known as your priority date, and determines your place in the queue.
The Process of Filing for an Immigrant Visa
There are quite a few steps involved in successfully receiving an immigration visa.
Your Sponsor Must File the Correct Petition: The process begins with your sponsor filing the correct petition for your situation with the USCIS. Once your petition is received and approved, you will be able to check your priority date.
Begin Processing & Choose an Agent: Your next step will be to begin National Visa Center (NVC) processing and choose an agent to handle your case.
Pay Your Fees: You will pay your processing fees, which are the Immigrant Visa Application Processing Fee and the Affidavit of Support Fee.
Submit Correct Documents & Forms: After your fees have been paid, you will collect, complete, and submit the appropriate forms and documents for your visa. These documents include your visa application form, financial documents, and supporting documents. Once you have completed the forms and collected the necessary documents, you will submit them to the NVC.
Undergo a Medical Examination: Before your interview, you and any family beneficiaries (i.e. your spouse or unmarried children) will undergo a medical examination and receive the necessary vaccinations from an embassy-approved doctor. Your results will either be sent directly to the embassy or given to you in a sealed envelope, which must be presented to the embassy with the rest of your documents.
Register for Courier Services: You will also need to register for courier services, for the return of your passport and the delivery of your visa after the interview.
Interview with the U.S. Embassy or Consulate: Next comes your interview with the U.S. Embassy or Consulate. A consular officer will interview you and any accompanying family member beneficiaries. You will also be digitally fingerprinted at this time. If your spouse or unmarried children are immigrating with you, they must also attend the interview.
You will need to bring the following to this interview:
Appointment letter: The letter detailing your appointment from the NVC.
Passport: You must bring a passport for each family member immigrating. The passports must be valid for 6 months beyond the date of entry to the U.S.
Photographs: 2 identical color photographs of each applicant, which need to meet the photograph requirements.
Medical exam results: If they were given to you, and not sent straight to the embassy by the examining physician.
Original and supporting documents: Bring originals and photocopies of each document required of you and your family members. The originals will be returned at the end of your interview.
English translations: If any documents required translation, you must bring the translated copies.
Visa fees: If there are unpaid fees, you will need to bring them to the interview. Most fees should already have been paid to the NVC.
Visa Approval or Denial
After your interview, you will receive word if your visa has been approved or denied. If you are approved, you will receive information about when and how your passport and visa will be returned to you. If you have been denied, you will be informed of the reason you are ineligible for a visa.
Getting Help for Your Visa Application
Our firm is well-versed in complex immigration issues, and has over 40 years of combined experience. We can help you with the process of applying for a visa, including completing forms, inter-country adoptions, intra-company employee transfers, and more. We are ready to tackle your case and provide you with dedicated, high-quality legal assistance.
What are the differences between having a U.S. citizen or a lawful resident as a family visa sponsor?
The key difference between having a U.S. citizen or a lawful resident as a family visa sponsor lies in the range of relatives they can sponsor. A U.S. citizen can sponsor a spouse, son or daughter, parent, or sibling for a family visa. In contrast, a lawful resident can only sponsor a spouse or unmarried son or daughter. Understanding this distinction is crucial when applying for a family-based immigration visa, as it determines who is eligible to be sponsored for immigration.
How does the priority date affect my immigrant visa application?
The priority date in an immigrant visa application is the date when your sponsor filed the petition on your behalf. It is significant because it determines your place in the queue for a visa, especially in categories where the number of visas issued each year is limited. If the quota is reached before your petition is filed, you will be placed on a waiting list, and your priority date will dictate your position on that list, influencing the wait time for visa availability.
What fees are associated with the immigrant visa application process?
During the immigrant visa application process, there are two primary fees that applicants must pay: the Immigrant Visa Application Processing Fee and the Affidavit of Support Fee. These fees cover the costs associated with processing the visa application and the legal documentation that ensures the immigrant has financial support in the United States. It's important to pay these fees promptly to avoid delays in the application process.
How can a Santa Barbara immigration law firm assist me with my visa application?
Appel & Morse can provide invaluable assistance with your visa application by guiding you through the complex immigration process. With over 40 years of combined experience, our Santa Barbara immigration lawyers can help with completing forms, understanding the nuances of inter-country adoptions, intra-company employee transfers, and more. With our dedicated legal assistance, you can trust that your application will be handled professionally, increasing the likelihood of a successful outcome.
At Appel & Morse, we work to ensure our clients understand what is happening with their cases and how to best defend their interests. Our mission is to obtain the best results based on a true understanding of each client's unique circumstances.
