who is applicant for an immigrant visa

citizens can file an immigrant visa petition for their:

• Spouse
• Son or daughter
• Parent
• Brother or sister U.S. Lawful Permanent Residents can only file an immigrant visa petition for their:
• Spouse
• Unmarried son or daughter

Full Answer

Can an US citizen sponsor an immigrant?

US citizens cannot sponsor their nephews and they can only sponsor their parents, siblings, spouses and children. After your sibling immigrates to the United States, he or she can file an immigrant petition for your nephew and help him to get a US Green Card.

How many work visas is given to immigrants?

U.S. temporary foreign worker programs, sometimes referred to as guest worker programs, have more than doubled in size in recent decades: more than nine hundred thousand visas were granted in 2019 [PDF], up from some four hundred thousand in 1994.

How to apply for nonimigrant US visa?

How to Apply for a Nonimmigrant Visa. 1. Determine Which Type Of Visa You Need. Use the visa wizard on travel.state.gov’s visa pages to determine which type of travel authorization is appropriate for your purpose of travel. U.S. law prohibits pre-application consultations. We cannot determine your qualification or eligibility for a visa until you have paid the non-refundable visa application ...

Is an immigrant visa number the same as case number?

The National Visa Center (NVC) assigns each immigrant petition a case number. The NVC case number has three letters followed by ten numbers. The three letters are an abbreviation for the overseas embassy or consulate that will process the immigrant visa case (for example, JAK for Jakarta, MNL for Manila).

Who is the applicant in immigration?

Applicant: A foreign citizen who is applying for a nonimmigrant or immigrant U.S. visa.

Who is the petitioner in immigration?

Petitioner: A U.S. citizen or lawful permanent resident family member or employer (or the employer's agent) who files a family-based or employment-based immigrant visa petition with USCIS.

Who can apply for immigrant visa?

Family Based Immigration To be eligible to apply for an IV, a foreign citizen must be sponsored by an immediate relative who is at least 21 years of age and is either a U.S. citizen or U.S. Lawful Permanent Resident (that is, a green-card holder).

Who is the applicant in I-130?

A citizen or lawful permanent resident of the United States may file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS) to establish the existence of a relationship to certain alien relatives who wish to immigrate to the United States.

Is applicant same as beneficiary?

Applicant (Visa): A foreign citizen who is applying for a nonimmigrant or immigrant U.S. visa. The visa applicant may also be referred as a beneficiary for petition based visas.

Who is the petitioner and who is the respondent?

"Petitioner" refers to the party who petitioned the Supreme Court to review the case. This party is variously known as the petitioner or the appellant. "Respondent" refers to the party being sued or tried and is also known as the appellee.

Who is a petitioner and who is an applicant?

applicant. The applicant is the person who wants the USCIS to grant them an immigration benefit in the United States. However, the petitioner could be the beneficiary of the green card or visa, the employer, or the U.S. citizen or lawful permanent resident (green card holder) relative. 1.

What are the 4 types of immigrants?

To begin with, let's look at the four types of immigration status that exist: citizens, residents, non-immigrants and undocumented.

What does immigrant visa mean?

An immigrant visa is issued to a foreign national who intends to live and work permanently in the United States. In most cases, a relative or employer sponsors the individual by filing an application with U.S. Citizenship and Immigration Services (USCIS).

What is an applicant petitioner or requestor?

The Petitioner is a person making a request of the government. In the context of immigration, this is a person (the “petitioner”) who files an immigration form to request benefits on behalf of another person (the “beneficiary”).

What is the minimum income to sponsor an immigrant 2021?

For example, in 2021, a sponsor in the U.S. mainland would need to have income (or assets) of at least $33,125 to cover a petitioner who lives alone and is sponsoring one immigrant and two children (that is, a total of four people).

How long does it take to get visa after I-130 approved?

That can often take six to eight weeks after approval of the I-130, and possibly even longer. When NVC receives your case, it will send you a notification, typically via email. If you're a "preference relative" (on a waiting list), that delay won't affect you much.

Is petitioner same as sponsor?

The person who signs the Affidavit of Support is also called the “sponsor.” The petitioner must complete Form I-864; however if the petitioner's income is insufficient, a joint-sponsor may agree to also complete an I-864 on the applicant's behalf. An Affidavit of Support is legally enforceable.

Is petitioner same as applicant?

If you are sponsoring someone for a green card, you are the petitioner. If you are applying for an immigration benefit, you are the applicant.

Does the petitioner have to be in the US?

To qualify as a financial sponsor, a petitioner must be domiciled in any of the States of the United States, the District of Columbia, or any territory or possession of the United States. A lawful permanent resident (LPR) sponsor also must maintain his or her LPR status.

What is the difference between principal applicant and petitioner?

Principal Applicant = The person who is the main beneficiary of the immigrant petition. This person has a close family relationship with the petitioner in the United States, or is an employee of the sponsoring U.S. company.

Who must attend an immigration interview?

Who Must Attend the Interview. You, your spouse, and any qualified unmarried children immigrating with you, must participate in the interview. All traveling applicants required to participate will be named on the interview Appointment Letter you receive from the National Visa Center (NVC).

What is consular interview?

A consular officer will interview you (and accompanying family member beneficiaries) and determine whether or not you are eligible to receive an immigrant visa. As part of the interview process, ink-free, digital fingerprint scans will be taken.

What to bring to an interview?

What to bring to the Interview 1 English Translations – If documents requiring English translation were not sent to NVC, you must obtain them and present them on the day of your interview. For more information please review the U.S. Embassy or Consulate interview preparation instructions . 2 Visa Fees – If your visa application fees were collected by NVC, you do not need to pay again. However, if you or any family member did not pay all the necessary fees, you will be asked to pay any unpaid fees at the U.S. Embassy or Consulate.

Can a sponsor attend a visa interview?

You should contact the U.S. Embassy or Consulate directly to arrange separate interviews, if needed. Your sponsor/petitioner does not attend the visa interview.

What is an Immigrant Visa?

In simplest terms, an immigrant visa is a visa for a foreign individual who wishes to make the United States his or her permanent home. Being granted permanent residence is commonly referred to as getting a “green card.”

How old do you have to be to get a visa?

Unmarried children of a U.S. citizen who are under the age of 21. Other qualified relatives such as brothers, sisters and children who are married or aged 21 or older may have to wait for a visa to become available, as do relatives of permanent legal residents of the U.S.

What are the two categories of visas?

Although there are many subcategories, U.S. visas fall into two basic categories: immigrant and nonimmigrant visas . Determining which type of visa is appropriate to your situation and successfully navigating the process can be complicated, and consulting an experienced immigration lawyer should be your first step.

How does immigration work?

The immigration process is commenced by the filing of a petition on behalf of the person hoping to become a legal resident of the U.S . The exact process differs somewhat depending on the type of immigrant visa requested. For example, a family-based case begins with the submission of Form I-130, petition for Alien Relative. An employment-based case is typically commenced by the filing of form I-140, Petition for Alien Worker.

Can a green card holder apply for an immigrant visa?

A current green card holder may apply for an immigrant visa for his or her:

What is the process for applying for an I-130 visa?

Applying outside the U.S. for an Immigrant Visa is known as Consular Processing . So when USCIS approves your I-130 Petition it is sent the National Visa Center (NVC) which is an agency within the U.S. Department of State.

How long does it take to get an immigration visa after everything is accepted?

That message will state what, if anything, is missing. If nothing is missing, and everything is accepted, then the Beneficiary will be scheduled for an Immigrant Visa interview at a consulate abroad in about 2-8 months, depending on the consulate.

What is the medical exam for green card?

Any Applicant for an Immigrant Visa (green card) is required to get a medical exam. The medical exam cannot be done by just any doctor. Instead, the exam will be conducted by a government-approved doctor called a “Panel Physician.” The Panel Physician will ask questions about vaccination history, past drug use, and will draw blood. All this must be completed before the day of the consulate interview appointment.

What happens when you file an I-130?

The person who filed the I-130 will receive an email or mail correspondence with a case number and invoice ID number. The Beneficiary will use this information to log in to the NVC’s online case management system, known as Consular Electronic Application Center or “CEAC” for short.

What happens when an immigration officer asks all the questions necessary?

Once the officer has asked all the questions he or she deems necessary, then he or she will decide whether or not to issue the Immigrant Visa to the Applicant.

Why do people file immigration petitions?

Citizens and Lawful Permanent Residents) with the purpose of keeping families together. So these individuals can file Immigrant Visa Petitions to give their family members the right to come live in the U.S.

How long is an immigrant visa interview?

An immigrant visa interview can last as little as 10 minutes and as long as 2 hours. It depends on the case type and Applicant’s history. Bottom line: be nice and courteous and answer all of the officer’s questions honestly. And for more information on preparing for your visa interview, visit our article.

How to hire an attorney for a visa?

If you wish to hire an attorney, please submit a signed form G-28 Notice of Entry of Appearance as Attorney or Representative to the National Visa Center (NVC) using our Public Inquiry Form.

What happens if a visa is not available?

If a visa is not available, unfortunately there is nothing that NVC can do to expedite the petition. Immigrant visa processing is governed by the Immigration and Nationality Act of 1952, as amended, which controls availability of visas. There is no provision within the law that would allow the Department of State to issue a visa to someone for whom a visa is unavailable.

How to withdraw a petition from NVC?

To withdraw a petition, you must submit a signed written statement requesting that the petition be withdrawn and explaining the reason to NVC using our Public Inquiry Form. If an attorney or accredited representative submits the request, a G-28, Notice of Entry of Appearance as Attorney or Representative, must accompany the request.

How to change visa category back to F2B?

Applicants whose case is at NVC should submit requests using NVC’s online inquiry form. NVC will forward the request to USCIS and change the visa category back to F2B upon receipt of USCIS’s approval.

What does NVC do with a visa?

If a visa is available for your petition (or if the Department of State believes that one will be available in the next several months), NVC will send you, the beneficiary, a letter or email directing you to begin visa pre-processing with NVC.

What happens if you don't get a visa?

If visas are not available for your visa category, NVC will notify you that NVC received your petition and will hold it until a visa becomes available.

How to transfer a case to a consulate?

If your case is at a U.S. embassy or consulate, contact the potential gaining U.S. embassy or consulate in writing to request a transfer of your case. Please include a justification for the request. If you are not a resident of that country, specify that in your request.

How many segments are there in the visa application process?

The application process involves a lot of documentation and can be broken down into three segments: (1) gathering initial petition documents, (2) collecting additional family records, and (3) scheduling a visa interview.

How long does it take to get a SIV visa?

A 2013 amendment to the Afghan Allies Protection Act requires that the State Department’s review of an SIV application be completed within nine months, from submission to final notice of approval. But reports on how long the SIV process actually takes have varied. Some indicate it takes an average of 658 days, while others state that it can take as long as 996 days to process an SIV application. But the reported waits are only the time it takes the U.S. federal government to process an application it has received. If one accounts for the time an individual needs to put the application together – including collecting the necessary documents, filling out the application, and scheduling a visa interview – some SIV recipients have waited even longer, as much as three-and-a-half years in some instances.

What is the second visa in Afghanistan?

The second, the SQ visa class category , is available to any other Afghan national who was employed by or on behalf of the United States government in the region. Both of these SIV programs were created by Congress and are managed by the U.S. State Department. The number of SIVs available to people in Afghanistan are set by congressional statute.

How to interview for SIV?

Interviews are conducted in English, and applicants and their accompanying family members are fingerprinted. The applicant needs to bring along all the family members included in the application to the interview , along with the originals of family records submitted to NVC, as well as recent photographs for identification purposes. SIV candidates also need to provide written descriptions of their qualifying positions for the U.S. government. If still employed in a qualifying position at the time of the interview, the applicant should be prepared to give a written statement of his or her intent to resign and emigrate upon visa approval.

How many SQ visas will be issued in 2021?

The Department of State, Foreign Operations, and Related Programs Appropriations Act, 2021 increased the number of SQ visas by 4,000 bringing these available SIV visas to a total of 26,500. Currently there are three different pieces of legislation, that have been introduced, to increase that total by an additional 4,000, 8,000, and 20,000 SIV visas.

What is needed for SIV?

This packet would include: Form I-360; a copy of the applicant’s passport; proof of his or her work as a translator or employee; proof of screening and a background check by U.S. Armed Forces or the COM; and – most importantly – a letter of recommendation giving approval from the COM or his or her designee at the embassy, or a General or Flag officer in the chain of command of the Armed Forces unit aided by the applicant. This recommendation can often be the most difficult part of the application to procure, especially if the eligible SIV candidate is filing his or her application years after having worked with a U.S. affiliated entity or military unit.

How long does an employee have to be an ISAF employee?

has been an employee of the U.S. government or International Security Assistance Force (ISAF) for at least two years between 2001 and 2021 (this qualifies the individual for the SQ category).

How to apply for a green card?

1. Determine if you are eligible to apply for a Green Card. U.S. immigration laws provide a variety of ways for people to apply for a Green Card. The eligibility requirements for adjustment of status may vary depending on the immigrant category you are applying under. The first step in the adjustment of status process is to determine ...

What documents are needed for an I-485?

This includes passports, official travel documents, and Form I-94, regardless if they are expired.

How to check my I-485?

8. Check your case status. You may check your case status online or call our USCIS Contact Center at 800-375-5283 to check the status of your Form I-485. For people who are deaf, hard of hearing or have a speech disability: TTY 800-767-1833.

What form do I need to file to adjust my status?

If you are applying to adjust your status to lawful permanent resident under section 245 (i) of the Immigration and Nationality Act (INA), you must complete both Form I‑485 and Form I-485 Supplement A, Adjustment of Status Under Section 245 (i).

When USCIS makes a decision on your application, will we send you a written decision notice?

When USCIS makes a decision on your application, we will send you a written decision notice.

Can I file an I-485?

In general, you may not file your Form I-485 until a visa is available in your category. For information on visa availability, see the Visa Availability and Priority Dates page, the Adjustment of Status Filing Charts, and the Department of State website to view the Visa Bulletin. For exceptions to the visa availability requirement, ...

Do I need to be interviewed for a USCIS?

If we schedule you for an interview you will be required to appear at a USCIS office to answer questions under oath or affirmation regarding your Form I‑485. We will send you a notice with the date, time, and location of the interview.

What determines the type of student visa you need?

Your course of study, the school you plan to attend, or the exchange program you will be with will determine the type of student visa you will need.

What is an F-1 visa?

F-1 visa classification is for a full-time international student pursuing academic studies.

What is ESTA in travel?

Fill out the (ESTA) online application. ESTA determines the eligibility of a visitor to travel to the U.S. under the VWP.

What is transit C visa?

Transit C visa classification is for foreign nationals traveling through the U.S. to another country and stopping briefly in the U.S. as part of their travel to the next foreign destination.

What happens if you violate your work visa?

If you violate the terms of your work visa, it could be revoked. You could be deported, arrested, or denied re-entry into the U.S.

Do you need an authorization to travel under VWP?

If you plan to visit the U.S. under the VWP, you must get an approved travel authorization prior to your trip. Authorization approvals are determined using the Electronic System for Travel Authorization (ESTA) .

Can an international student apply for a student visa?

An international student can apply for a student or exchange visitor visa only after being accepted by a school certified in the Student and Exchange Visitor Program (SEVP). Students’ records are kept in the Student and Exchange Visitor Information System (SEVIS). Learn more about SEVP and SEVIS, and about the SEVIS fee.

What is an Immigrant Visa?

Immigrant visas give its holders the right to stay in the US permanently. Whereas with a US nonimmigrant visa, the person is required to return to their home country when their visa expires, an immigrant visa does not expire. It allows you to live, work, and study in the US or engage in any activity you like.

What is a visa in the US?

Visas are stamps in your passport that give you the right to travel to various countries. A U.S visa allows you to make plans to visit or live in the U.S. A U.S visa does not grant you entry into the U.S. This is determined by the officials at any U.S point of entry who can detain and return you if they have a reason.

How to find US Immigration Services?

When you decide to apply for a US immigrant visa, you will have to go through different institutions and services to complete this task. The services and institutions you will have to go through depending on your visa can be as follows:

What is the second type of visa?

The second type of US visas, the immigrant visas have a different type of US visa application requirements. They too start at a US consulate or embassy and you have to follow these guidelines for application for US visa which is of an immigrant type.

How far in advance do you have to schedule a visa interview?

Based on your current date, the NVC will schedule your visa interview with you and any accompanying family members. This is usually done one month in advance to give applicants time to prepare documents and prepare for the interview. At the interview, you will be asked questions by an official and it will be determined whether you are eligible and meet all the requirements for a US immigrant visa.

What is an employer sponsored visa?

The US employer sponsored visas are immigrant visas which allow its holders to work permanently in the U.S. The U.S government limits the number of employment based visas that they give to around 140,000 per fiscal year. The table below shows the different types of employment based visas.

What are the two categories of immigrant visas?

There are two major categories of immigrant visas: Immediate Relative and Family Sponsored. Employer Sponsored.

Family-Based Immigrant Visas

See more on prideimmigration.com

Employment-Based Immigrant Visas

Other Immigrant Visa Qualifications