Why are immigration visa wait times so long?
We’ve established that visa wait times grow because there is a statutory limit on the number of green cards the government may issue each year. But there’s more. In addition to that, U.S. immigration law says no more than seven percent of all immigrant visas can be given to people of one country in a given year.
What are the requirements for a visa?
- A passport or travel document valid for no less than 30 days after the expiry of your intended visit
- Your passport must have at least TWO unused page for entry / departure endorsements
- A completed Form BI-84 (application for a visa)
- Payment of the prescribed fee
- A yellow-fever vaccination certificate (if required)
What are the disadvantages of immigration?
When you immigrate to a new country, the new country stands to lose out in the following ways:
- In some instances, the country could suffer from increased over-crowding or climbing unemployment rates, if you are unable to find a job.
- The cost of health care and education increases for the country.
- The diverse population could lead to cultural clashes and general discontent in the population.
What are immigrant and non-immigrant visas?
An immigrant visa (IV) is issued to a person wishing to live permanently in the United States. A nonimmigrant visa (NIV) is issued to a person with permanent residence outside the United States, but wishes to be in the U.S. on a temporary basis for tourism, medical treatment, business, temporary work or study, as examples.
What is an example of an immigrant visa?
Foreign nationals can apply for various kinds of immigrant visas, including immediate relative visas, family preference visas, diversity visas, and employment-based visas.
Is immigrant visa same as green card?
Immigrant visas can start the process for permanent resident status, but they do not provide resident status themselves. A green card is a physical card that represents the holder's right to permanently live and work within the United States.
How long is an immigrant visa valid for?
An immigrant visa is usually valid for up to six months from the date of issuance unless your medical examination expires sooner, which may make your visa valid for less than six months.
What is the difference between immigration and visa?
Definition of immigrant and nonimmigrant In the case of an immigrant, the intention of permanent residence is clear and is made known before hand. A nonimmigrant visa is for individuals who want either a short or long-term stay (including a work permit) but do not want permanent residence in the destination country.
What are the 3 types of immigrant visas?
Immigrant Visa CategoriesImmediate Relative & Family SponsoredVisa CategorySpouse of a U.S. CitizenIR1, CR1Spouse of a U.S. Citizen awaiting approval of an I-130 immigrant petitionK-3 *Fiancé(e) to marry U.S. Citizen & live in U.S.K-1 *Intercountry Adoption of Orphan Children by U.S. CitizensIR3, IH3, IR4, IH411 more rows
How long does it take to get an immigrant visa?
Generally speaking, a fair timeframe is approximately 6-10 months from the filing of the immigrant petition to approval at the U.S. Consulate. Timeframes can vary depending on backlogs of cases at both the USCIS and the U.S. Consulate abroad.
What happens after you get your immigrant visa?
Once you have received your immigrant visa, you must enter the United States within the visa validity period 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. You will receive your passport from the courier service.
Can an immigrant visa be denied?
Among the reasons the U.S. government might deny an immigrant visa or green card are its own error (or yours, in completing the paperwork), concern that you are a security risk, inadmissibility for health or criminal reasons, a finding that you are likely to become reliant on government assistance, and more.
Can you work with an immigrant visa?
If you have the right combination of skills, education, and/or work experience, you may be able to live and work permanently in the United States by seeking an employment-based immigrant visa.
How do I get an immigrant visa?
Essential Steps to Get an Immigrant VisaIn most cases, someone must sponsor you or file an immigrant petition for you.Wait until the petition is approved and a visa is available in your category. Then apply for an immigrant visa. ... Get a medical examination.Go to an interview.Wait for a decision on your application.
What are the 4 types of immigration?
To begin with, let's look at the four types of immigration status that exist: citizens, residents, non-immigrants and undocumented.
Do you need a visa if you have a green card?
US citizens can travel without a visa to more than 170 countries worldwide. Because of this, many places have extended the same privilege to holders of the US permanent residence permit (Green Card). There are several countries that you can visit with your Green Card, that you otherwise may not be able to.
How long does it take to get green card after immigrant visa?
It may take up to 90 days from the date you entered to receive your permanent resident card. You entered the U.S. using your immigrant visa, You paid the immigrant visa fee AFTER you entered, It may take up to 90 days from the date you made your payment to receive your permanent resident card.
What type of visa is an immigrant visa?
The type of visa is determined by the purpose of your travel to the United States. An immigrant visa (IV) is issued to a person wishing to live permanently in the United States.
Is a green card holder an immigrant?
This is for people who live permanently in the United States. Synonymous terms for immigrant status are: Permanent Resident, immigrant, green card holder, and resident alien. Gaining immigrant status can be a lengthy and complex process that requires close consultation with an immigration attorney.
Can I work with an immigrant visa?
If you have the right combination of skills, education, and/or work experience, you may be able to live and work permanently in the United States by seeking an employment-based immigrant visa.
What are the two categories of visas?
There are two categories of U.S. visas: immigrant and nonimmigrant. Immigrant visas are issued to foreign nationals who intend to live permanently in the United States.
Who can petition on behalf of an individual?
Citizenship and Immigration Services (USCIS). Certain applicants such as workers with extraordinary ability, investors, and certain special immigrants can petition on their own behalf.
Can you travel to a foreign country with a round trip ticket?
Be in possession of a round-trip ticket that will transport the individual out of the United States to any other foreign port or place as long as the trip does not terminate in contiguous territory or an ; except that the round trip ticket may transport the traveler to contiguous territory or an , if the traveler is a resident of the country of destination or if arriving at a land border, provide evidence of financial solvency and a domicile abroad to which the traveler intends to return;
What is USCIS visa?
US Citizenship and Immigration Services (USCIS) offer a wide array of visa options, shifting requirements, eligibility and quotas for those wishing to immigrate to, work in, invest in or otherwise live in the United States. Visa options usually fall under two categories:
What is an EB1 visa?
EB1 visa: The EB-1 visa preference is reserved for persons of extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors or researchers; and multinational executives and managers. EB-1 criteria.
How many H1B visas are there?
H1-B visa quota caps are quickly used up within days of release on April 1st of each year. For 2018 Congress mandated a regular cap of 65,000 H1 B visas and a further H1B Master's Exemption cap of 20,000 visas available for Master's degree or higher applicants.
How long can a nonimmigrant stay in the US?
The initial period of stay can be up to 3 years and may be extended upon application.
What is E-2 nonimmigrant?
The E-2 nonimmigrant classification allows a national of a treaty country (a country with which the US maintains a treaty of commerce and navigation) to be admitted to the US when investing a substantial amount of capital in a US business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification.
What is the intersection between immigration and criminal law?
The intersection between immigration and criminal law is one of the most complex and technical areas of US law. Chudnovsky Law is recognized as a leader in criminal defense for non-US citizens from all countries and addressing the immigration consequences of criminal charges.
How old do you have to be to get a green card?
US citizens at least 21 years old can apply for their parents (mother or father) to come live in the US as greencard holders. Green card holders (permanent residents) may not petition to bring their parents to live permanently in the US.
How Can I Use a Visa to Enter the United States?
Having a U.S. visa allows you to travel to a port of entry, airport or land border crossing, and request permission of the Department of Homeland Security (DHS), Customs and Border Protection (CBP) inspector to enter the United States. While having a visa does not guarantee entry to the United States, it does indicate a consular officer at a U.S.
What Types of Visas Are There?
The type of visa you must obtain is defined by U.S. immigration law, and relates to the purpose of your travel. There are two main categories of U.S. visas:
Additional Resources
Please visit these webpages as well as selections on our website's left toolbar:
How to apply for an immigrant visa?
To be considered for an immigrant visa under some of the employment-based categories below, the applicant's prospective employer or agent must first obtain a labor certification approval from the Department of Labor. Once received (if required), the employer then files an Immigrant Petition for Alien Worker, Form I-140, with the U.S. Citizenship and Immigration Services (USCIS) for the appropriate employment-based preference category. (NOTE: Persons with extraordinary abilities in the Employment First preference category are able to file their own petitions.) When filing the Immigrant Petition for Alien Worker, Form I-140, see the detailed form instructions, as well as more detailed requirements information on the USCIS Permanent Workers webpage.
How long do you have to wait to get an immigration visa?
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.
What is the third preference for immigrants?
A Third Preference applicant must have an approved Immigrant Petition for Alien Worker, Form I-140, filed by the prospective employer. All such workers generally require labor certification approved by the Department of Labor. Skilled Workers, Professionals, and Unskilled Workers (Other Workers) receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas, plus any unused visas from the Employment First Preference and Second Preference categories.
Why do immigration cases take so long?
Employment based immigrant visa cases take additional time because they are in numerically limited visa categories. The length of time varies from case to case and cannot be predicted for individual cases with any accuracy. Some cases are delayed because applicants do not follow instructions carefully. Some visa applications require further administrative processing, which takes additional time after the consular officer interviews the applicant.
Where does the NVC send the visa application?
NVC then sends the file, containing the applicant’s petition and the documents listed above, to the U.S. Embassy or Consulate where the applicant will be interviewed for a visa. The applicant, attorney, and third-party agent, if applicable, will receive appointment emails, or letters (if no email address is available), containing the date and time of the applicant's visa interview along with instructions, including guidance for obtaining a medical examination.
What form do I need to file for an alien worker?
The prospective employer must provide a job offer and file an Immigrant Petition for Alien Worker, Form I-140, with the USCIS.
Is the USCIS fee refundable?
Note: Fees must be paid for each intending immigrant, regardless of age, and are not refundable. Fees should not be paid to the NVC or paid at the U.S. Embassy or Consulate where you have your visa interview unless specifically requested.
What is a U.S. Visa?
A citizen of a foreign country who seeks to enter the United States generally must first obtain a U.S. visa, which is placed in the traveler’s passport, a travel document issued by the traveler’s country of citizenship.
Find out what visa type is appropriate for you
The type of visa you must obtain is defined by U.S. immigration law, and relates to the purpose of your travel.
Visa Appointment Wait Time
A wait time listed as "999 calendar days" indicates that the Consular Section is only providing that service to emergency cases. Please check the Embassy or Consulate website for further information.
What is a nonimmigrant visa?
“Nonimmigrant” means a person has no intention of staying in the United States permanently. Visas are obtained at a U.S. embassy or consulate abroad.
What is the purpose of a visa?
A visa allows a nonimmigrant to travel to a U.S. port-of-entry (airport, for example) and present themselves to a U.S. Immigration Inspector. The Inspector will ask some questions about their intent for coming to the United States and check to make sure that the nonimmigrant has an appropriate visa. Once admitted, an I-94 Arrival/Departure Record will be created. This indicates which nonimmigrant status they have been admitted to and the amount of time they are allowed to stay.
Does a visa expire?
Although a visa has an expiration date, it does not determine how long one can remain in the United States. (Remember, a visa is an ENTRY document only.) Once in the United States, there are other factors that determine the allowed length of stay.
What determines what type of visa is required?
The purpose of your intended travel and other facts will determine what type of visa is required under U.S. immigration law. As a visa applicant, you will need to establish that you meet all requirements to receive the category of visa for which you are applying. When you apply at a U.S embassy or consulate, a consular officer will determine based on laws, whether you are eligible to receive a visa, and if so, which visa category is appropriate.
What does a consular officer determine when applying for a visa?
When you apply at a U.S embassy or consulate, a consular officer will determine based on laws, whether you are eligible to receive a visa, and if so, which visa category is appropriate. ALL / ALL /.
What is a K visa?
K nonimmigrant visas – For U.S. citizen fiancé (e) and spouse for immigration related purposes. Refer to Immigrant Visa Categories.
What is a DOL?
DOL = The U.S. employer must obtain foreign labor certification from the U.S. Department of Labor, prior to filing a petition with USCIS.
What does U visa mean?
If the Visa Bulletin shows “U” in a category, this means that immigrant visas are temporarily unavailable to all applicants in that particular preference category and/or country of chargeability.
When is a visa available?
A visa is available to you when your priority date is earlier than the cut-off date shown for your preference category and country of chargeability in the applicable chart in the Visa Bulletin, as described above in the Acceptance of Adjustment of Status Applications section.
What is the form I-485?
We will accept Form I-485, Application to Register Permanent Residence or Adjust Status, from family-sponsored and employment-based adjustment of status preference applicants according to the monthly Visa Bulletin that DOS publishes as a guide for issuing visas at U.S. Consulates and Embassies.
What is the DOS visa bulletin?
DOS, working with the Department of Homeland Security, revises the Visa Bulletin each month to estimate immigrant visa availability for prospective adjustment of status applicants. If DOS makes any changes to either chart in the Visa Bulletin after publishing it, we will review those changes and determine if any further action is necessary. Check the latest dates for filing adjustment of status applications .
What is the Immigration and Nationality Act?
The Immigration and Nationality Act (INA) sets the number of immigrant visas the U.S. Department of State (DOS) can issue to aliens seeking to become lawful permanent residents (get a Green Card) each year. Immigrant visas for immediate relatives of U.S. citizens are unlimited, so they are always available.
What is visa retrogression?
Sometimes, a priority date that is current one month will not be current the next month, or the cut-off date will move backward to an earlier date. This is called visa retrogression, which occurs when more people apply for a visa in a particular category than there are visas available for that month. Visa retrogression generally occurs when the annual limit for a category or country has been exhausted or is expected to run out soon. When the new fiscal year begins on Oct. 1, a new supply of visa numbers becomes available. Usually, but not always, the new supply returns the cut-off dates to where they were before retrogression.
Can I file an I-485 with an I-130?
In certain instances, you can file your Form I-485 together, or “concurrently,” with the underlying Form I-130 or Form I-140 immigrant petition. You may concurrently file your Form I-485 only when approval of the underlying immigrant petition would make a visa immediately available to you. If you are an immediate relative, you can always concurrently file your Form I-485 application with the underlying Form I-130.
Family-Based Immigrant Visas
Employment-Based Immigrant Visas
- Certain categories of workers may be eligible for permanent residence based on their employment or a job offer. However, unlike family-based visas, all employment-based immigrant visas are subject to limits. That means that the person hoping to become a legal resident will have to wait until an immigrant visa number becomes available. Immigrant vis...
Other Immigrant Visa Qualifications
- There are certain special programs that open up eligibility for a green card to persons who do not fall into one of the categories above. If you are interested in immigrating to the U.S., bringing a family member who is not listed above to the U.S. or establishing residence for an employee who is not otherwise listed, speak with an immigration attorney to learn more about the alternative ro…