Family Based Green Cards

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FAMILY-BASED PERMANENT RESIDENT STATUS (“GREEN CARD”)

Family unification is a major objective of U.S. immigration laws.  Several carefully defined groups are eligible to immigrate to the U.S. based upon close family relationships.  Immigrant visas are always immediately available in unlimited numbers for immediate relatives of U.S. citizens.  An immediate relative is classified as an unmarried child under 21 years of age or spouse of a U.S. citizen, and the parents of a U.S. citizen over 21 years of age.  The Immigration and Naturalization Service must be satisfied that in an application based on a marriage the marriage is not only legal but that a bona fide husband and wife relationship exists.  Severe penalties may be imposed for fraudulent applications.

The Immigration Act allocates a total of 465,000 visas to other categories of relatives:  Adult unmarried children of U.S. citizens qualify for the Family Based 1st preference category; unmarried children under 21 years of age and spouses of permanent residents qualify for the Family Based 2A category; unmarried adult children of permanent residents qualify for the Family Based 2B category; married children of U.S. citizens qualify for the Family Based 3rd preference category; and brothers and sisters of U.S. citizens over 21 years of age qualify for the Family Based 4th preference category.  For some of these categories there is a shortage of visas under the annual quotas and a long waiting period may be required until permanent resident status can be granted and the person issued a “green card”.  In many cases a petition must first be filed with the U.S. Immigration and Naturalization Service in order to establish a priority date under the quota system.

OBTAINING PERMANENT RESIDENT STATUS

THROUGH RELATIVES

Family unification is a major objective of U.S. immigration laws. Several carefully defined groups are eligible to immigrate to the U.S. based upon close family relationships. Immigrant visas are always immediately available in unlimited numbers for immediate relatives of U.S. citizens. An immediate relative is classified as an unmarried child under 21 years of age or spouse of a U.S. citizen, and the parents of a U.S. citizen over 21 years of age.

The Immigration and Naturalization Service must be satisfied that in an application based on a marriage the marriage is not only legal but that a bona fide husband and wife relationship exists. Severe penalties may be imposed for fraudulent applications.  Additionally, if the marriage occurred less than 2 years before the case is adjudicated, then only conditional status is granted and the couple must again petition for removal of the conditional status two years later.

The Immigration Act allocates a total of 465,000 visas to other categories of relatives:

Family Based 1st Preference:  Adult unmarried children of U.S. citizens qualify for the Family Based 1st preference category;

Family Based 2nd Preference:  Unmarried children under 21 years of age and spouses of permanent residents qualify for the Family Based 2A category;

Unmarried adult children of permanent residents;

Family Based 3rd Preference:  Married children of U.S. citizens;

Family Based 4th Preference:  Brothers and sisters of U.S. citizens over 21 years of age qualify for the Family Based 4th preference category.

For some of these categories there is a shortage of visas under the annual quotas and a long waiting period may be required until permanent resident status can be granted and the person issued a “green card”. In many cases a petition must first be filed with the U.S. Immigration and Naturalization Service in order to establish a priority date under the quota system.

PERMANENT RESIDENCE (“GREEN CARD”) THROUGH MARRIAGE OR CLOSE RELATIVE

Family reunification has always been an important part of our immigration law.  However, the reality of family sponsored immigration does not always match the goal of family reunification.  The immigration laws permit United States citizens and United States resident aliens to submit a petition to the Citizenship & Immigration Services to obtain immigrant status for an immediate relative.  A United States citizen may submit a petition for a parent, spouse, unmarried child, married child, brother or sister.   A United States resident alien may submit a petition for a spouse or unmarried child.

The United States citizen or resident alien that submits the petition is called the “petitioner”.  The family member that is being sponsored for the immigrant status is called the “beneficiary”.  In some cases the beneficiary may be allowed to include their spouse and minor unmarried children when they immigrate to the United States.  The family members of the foreign relative are called “derivative beneficiaries”.  As an example, when a United States citizen submits a petition for their brother, the brother’s spouse and minor unmarried children are derivative beneficiaries.  However, when a United States citizen submits a petition for their parent, only that parent may immigrate; a separate petition must be submitted for the other parent; and the parent’s children (the petitioner’s brother or sisters) are not derivative beneficiaries.

The instructions for the petition, referred to as a form I-130, require that the petitioner submit proof of United States citizenship or resident status and of the relationship to the foreign relative.  The United States immigration laws permit only United States citizens 21 years of age or older to submit petitions for their parents.  The law is also very specific about who is a child.  A petitioning father may have to submit additional proof of relationship to a child born outside of a marriage.  There are also special rules for step-children and adopted children.

When the beneficiary is being sponsored by a United States citizen spouse or resident there is an additional burden on the petitioner and beneficiary to prove that the marriage is real and not just for the purpose of obtaining immigration benefits.  It is very important that the petition submitted to the Citizenship & Immigration Services is supported well with documents.

The Citizenship & Immigration Services reviews the petition and decides if the required relationship exists between the petitioner and beneficiary.  If approved by the Citizenship & Immigration Services the petitioner is notified through the mail with an approval notice.  The Citizenship & Immigration Services then either retains the form I-130, or forwards the form I-130 to the Department of State National Visa Center for further processing.  When the Citizenship & Immigration Services approves the form I-130 it is affirming that the required relationship exists.  The beneficiary must also prove that the meet the other requirements for immigrant status.

Once the immigrant petition is reviewed and approved by the Citizenship & Immigration Services the beneficiary must wait until a visa is available in the immigrant category for which they have been approved.  The immigrant category may be available immediately or it could require a wait of longer than ten years.  When the beneficiary’s place in line has finally been reached, the beneficiary must apply for resident status.

The beneficiary then applies for resident status either by submitting an application for an immigrant visa through the National Visa Center and having an interview with a consul at the United States Consulate in their country of last legal residence or citizenship; or in very limited circumstances through an application for adjustment of status to lawful permanent resident status filed with the Citizenship & Immigration Services.

Fiancé Visas

(from State Department Web Site)

The fiancé(e) K-1 nonimmigrant visa is for the foreign-citizen fiancé(e) of a United States (U.S.) citizen. The K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival. The foreign-citizen will then apply for adjustment of status to a permanent resident (LPR) with the Department of Homeland Security’s (DHS) U.S. Citizenship and Immigration Services (USCIS). Because a fiancé(e) visa permits the holder to immigrate to the U.S. and marry a U.S. citizen shortly after arrival in the United States, the fiancé(e) must meet some of the requirements of an immigrant visa. Eligible children of K-1 visa applicants receive K-2 visas.

What Is a “Fiancé(e)”?

Under U.S. immigration law, a foreign-citizen fiancé(e) of a U.S. citizen is the recipient of an approved Petition for Alien Fiancé(e), Form I-129F, who has been issued a nonimmigrant K-1 visa for travel to the United States in order to marry his or her U.S. citizen fiancé(e). Both the U.S. citizen and the K-1 visa applicant must have been legally free to marry at the time the petition was filed and must have remained so thereafter. The marriage must be legally possible according to laws of the U.S. state in which the marriage will take place.

In general, the foreign-citizen fiancé(e) and U.S. citizen sponsor must have met in person within the past two years. USCIS may grant an exception to this requirement, based on extreme hardship for the U.S. citizen sponsor to personally meet the foreign-citizen fiancé(e), or, for example, if it is contrary in the U.S. citizen sponsor’s or foreign-citizen fiancé(e)’s culture for a man and woman to meet before marriage.

The International Marriage Broker Regulation Act of 2005 (IMBRA)

Detailed information about IMBRA requirements is contained in the Form I-129F, Petition for Alien Fiancé(e), instructions.

The First Step: Filing the Petition

You, the U.S. citizen sponsor, must file Form I-129F, Petition for Alien Fiancé(e), with the USCIS office that serves the area where you live. See Direct Filing Addresses for Form I-129F, Petition for Alien Fiancé(e) for information on where to file the petition. Further information is available on the USCIS website under Fiancé(e) Visas. Note: Form I-129F cannot be filed at a U.S. Embassy, Consulate, or USCIS office abroad.

After USCIS approves the petition, it is sent to the National Visa Center (NVC) for processing, and NVC will send it to the U.S. Embassy or Consulate where your fiancé(e) will apply for a K-1 nonimmigrant visa.

The Second Step: Applying for a Visa

Once the U.S. Embassy or Consulate where you, the foreign-citizen fiancé(e), will apply receives the petition from NVC, it will provide you with specific instructions, including where to go for the required medical examination. During your interview, ink-free, digital fingerprint scans will be taken. Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a Consular Officer.

Eligible children of K-1 visa applicants may apply for K-2 visas. Separate applications must be submitted for each K visa applicant, and each K visa applicant must pay the visa application fee.

Required Documentation

You, the foreign-citizen fiancé(e), (and eligible children applying for K-2 visas) will be required to bring the following forms and documents to the visa interview:

Two (2) Nonimmigrant Visa Applications, Form DS-156 (prepared in duplicate). NOTE: K-1/K-2 visa applicants should not fill in Form DS-160, Online Nonimmigrant Visa Application

One (1) Nonimmigrant Fiancé(e) Visa Application, Form DS-156K

One (1) Application For Immigrant Visa and Alien Registration, Form DS-230, Part I  (You are not required to complete Part II.)

K Visa applicants applying at U.S. Consulate General Montreal and U.S. Consulate General Ciudad Juarez have different application form requirements. Review information on the U.S. Consulate General Montreal or U.S. Consulate General Ciudad Juarez website to learn which forms you must complete.

A passport valid for travel to the United States and with a validity date at least six months beyond your intended period of stay in the U.S. (unless country-specific agreements provide exemptions)

Divorce or death certificate(s) of any previous spouse(s) for both you and the U.S. citizen sponsor

Police certificates from your present country of residence and all countries where you have lived for 6 months or more since age 16 (Police certificates are also required for accompanying children age 16 or older)

Medical examination (vaccinations are optional, see below)

Evidence of financial support (Form I-134, Affidavit of Support, may be requested)

Two (2) 2×2 photographs. See the required photo format explained in Photograph Requirements

Evidence of relationship with your U.S. citizen fiancé(e)

Payment of fees, as explained below

Note: The Consular Officer may ask for additional information, such as photographs and other proof that the relationship with your U.S. citizen fiancé(e) is genuine. Documents in foreign languages, other than the language of the country in which the application takes place, should be translated. Applicants should take to the visa interview clear, legible photocopies of civil documents and translations, such as birth and divorce certificates. Original documents and translations will be returned.

Medical Examination and Vaccination Requirements

In preparing for the interview, applicants will need to schedule and complete a medical examination. Before the issuance of an immigrant or K visa, every applicant, regardless of age, must undergo a medical examination which must be performed by an authorized panel physician. You will be provided instructions regarding medical examinations from the U.S. Embassy or Consulate where you will apply for your visa, including information on authorized panel physicians. See Medical Examination for more information, including a list of panel physicians by country, and frequently asked questions.

K visa applicants are encouraged to get the vaccinations required under U.S. immigration law for immigrant visa applicants.  Although such vaccinations are not required for K visa issuance, they will be required when adjusting status to that of legal permanent resident following your marriage. Applicants are therefore encouraged to fulfill these vaccination requirements at the time of the medical examination. See Vaccination Requirements for IV Applicants for the list of required vaccinations and additional information.

Proof of Financial Support and Affidavit of Support Forms

During the visa interview, applicants will be required to present evidence to the Consular Officer that they will not become a public charge in the U.S. You may present evidence that you are able to financially support yourself or that your U.S. citizen fiancé(e) is able to provide support. The Consular Officer may request that a Form I-134, Affidavit of Support be submitted by the U.S. citizen fiancé(e).

The U.S. citizen fiancé(e) will need to submit Form I-864 to USCIS with the application for adjustment of status to that of legal permanent resident following the marriage.

Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?

No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year’s tax return, and other requirements only apply when Form I-864 is needed. Applicants presenting Form I-134 will need to show that their U.S. sponsor’s income is 100 percent of the federal poverty guideline.

Fees – How Much Does a K Visa Cost?

Fees are charged for the following services:

Filing an Alien Fiancé(e) Petition, Form I-129F

Nonimmigrant visa application processing fee, Form DS-156 (required for each K visa applicant)

Medical examination (required for each K visa applicant; costs vary from post to post)

Other costs may include translation and photocopying charges, fees for getting the documents required for the visa application (such as passport, police certificates, birth certificates, etc.), and travel expenses to the U.S. Embassy or Consulate for an interview. Costs vary from country to country and case to case.

Filing Form I-485, Application to Register Permanent Residence or to Adjust Status

For current fees for Department of State, see Fees for Visa Services. For current fees for USCIS, see Check Filing Fees on the USCIS website.

My Petition Expired – Can It Be Extended?

The I-129F petition is valid for four months from the date of approval by USCIS. A Consular Officer can extend the validity of the petition if it expires before visa processing is completed.

Ineligibilities for Visas – What if I Am Ineligible for a K Visa?

Certain conditions and activities may make you, the applicant, ineligible for a visa. Examples of these ineligibilities include: drug trafficking; overstaying a previous visa; and submitting fraudulent documents.

If you are ineligible for a visa, you will be informed by the Consular Officer and advised whether there is a waiver of the ineligibility and what the waiver process is. Learn more and see the complete list of ineligibilities.

How Long Will It Take to Get My K Visa?

For Form I-129F, Petition for Alien Fiancé(e), you can visit the USCIS website for the status of your petition.

Once your case has been received from NVC by the U.S. Embassy or Consulate that will process it, the length of time varies from case to case according to its circumstances. Some cases are delayed because applicants do not follow instructions carefully or supply incomplete information. (It is important to give us correct postal addresses and telephone numbers.) Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a Consular Officer.

After You Receive a K-1 Fiancé(e) Visa

If you are issued a K-1 visa, the Consular Officer will give you your passport containing the K-1 visa and a sealed packet containing the civil documents you provided, plus other documents prepared by the U.S. Embassy or Consulate. It is important that you do not open the sealed packet. Only the DHS immigration official should open this packet when you enter the United States. As the K-1 visa holder, you must enter the U.S. either before or at the same time as any qualifying children holding K-2 visas.

With your visa, you can apply for a single admission at a U.S. port of entry within the validity of the visa, which will be a maximum of 6 months from the date of issuance. You must marry your U.S. citizen fiancé(e) within 90 days of your entry into the United States.

Does My U.S. Citizen Fiancé(e) Need to File Separate Petitions for My Children?

No. Your eligible children may apply for K-2 visas based on the approval of Form I-129F, Petition for Alien Fiancé(e), that your U.S. citizen fiancé(e) filed on your behalf, but your U.S. citizen fiancé(e) must list the children on the petition. Separate visa applications must be submitted for each K-2 visa applicant, and each applicant must pay the K visa application fee.

After your marriage, your children will need to file separately from you for adjustment of status. They cannot be included on your application for adjustment of status. More information about adjustment of status is available on USCIS’s website under Green Card (Permanent Residence).

Important Notice: Under U.S. immigration law, a child must be unmarried. In order to file for adjustment of status for your child following your marriage to your U.S. citizen spouse, the child’s stepchild relationship with your spouse must be created before the child reaches the age of 18.

Are My Children Required to Travel with Me?

Your children may travel with (accompany) you to the United States or travel later (follow-to-join). Like you, your children must travel within the validity of their K-2 visas. Separate petitions are not required if the children accompany or follow to join you within one year from the date of issuance of your K-1 visa. If they want to travel later than one year from the date your K-1 visa was issued, they will not be eligible to receive K-2 visas, and separate immigrant visa petitions will be required. If your child has a valid K-2 visa and you have already adjusted status to that of permanent resident, your child may still travel on the K-2 visa.

Entering the United States – Port of Entry

A visa allows a foreign citizen to travel to the U.S. port-of-entry and request permission to enter the United States. You should be aware that a visa does not guarantee entry into the United States. The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the U.S. Upon arrival at the port-of-entry, be prepared to present to the CBP officer your passport with visa and your unopened/sealed packet containing your documents. Travelers should review important information about admissions and entry requirements on the CBP website under Travel.

Adjustment of Status, Working in the United States, and Traveling Outside of the United States

Information for K-1/K-2 visa holders about adjustment of status, permission to work in the United States, and travel outside of the United States is available on the USCIS website under Fiancé(e) Visas.

How to Apply for a Social Security Number Card

To learn about applying for a Social Security Number Card, visit the website for the Social Security Administration.

Further Questions

If your inquiry concerns a visa case in progress at a U.S. Embassy or Consulate, you should first contact the U.S. Embassy or Consulate handling your case for status information. Select U.S. Embassy or Consulate to review their website for contact information.

Before making an inquiry, we request that you carefully review this website. Often, the answers to questions are easily found which enables us to help other applicants and U.S. sponsors in need of assistance. Due to the volume of inquiries we receive, Visa Services cannot promise an immediate reply to your inquiry.

Visa Services’ contact information is available at How to Contact Us.

Green Cards Through Marriage

(from State Department Web Site)

What Is a “Spouse”?

A spouse is a legally wedded husband or wife.

Merely living together does not qualify a marriage for immigration.

Common-law spouses may qualify as spouses for immigration purposes depending on the laws of the country where the common-law marriage occurs.

In cases of polygamy, only the first spouse may qualify as a spouse for immigration.

Same-sex marriages are not recognized by immigration law for the purpose of immigrating to the U.S.

The First Step toward an Immigrant Visa: Filing the Petition

The first step is to file a Petition for Alien Relative, Form I-130, with the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) for your spouse (husband or wife) to immigrate to the United States. For instructions on how to file a petition, including where you should send the petition, see the USCIS website.

In certain circumstances, a U.S. citizen living abroad can file an immigrant visa petition outside of the United States. Review Filing Immigrant Petitions Outside the United States to learn more.

U.S. Sponsor Minimum Age Requirement

There is no minimum age for a U.S. sponsor (petitioner) to file a petition for a spouse. However, you must be at least 18 years of age and have a residence (domicile) in the U.S. before you can sign the Affidavit of Support (Form I-864 or I-864EZ). This form is required for an immigrant visa for a spouse and other relatives of U.S. sponsors.

Is Residence in the U.S. Required for the U.S. Sponsor?

Yes. As a U.S. sponsor/petitioner, you must maintain your principal residence (also called domicile) in the U.S., which is where you plan to live for the foreseeable future. Living in the U.S. is required for a U.S. sponsor to file the Affidavit of Support, with few exceptions. To learn more, review the Affidavit of Support (I-864 or I-864EZ) Instructions.

If You Were an LPR and Are Now a U.S. Citizen: Upgrading a Petition

If you filed a petition for your spouse when you were a lawful permanent resident (LPR), and you are now a U.S. citizen, you must upgrade the petition from family second preference (F2) to immediate relative (IR). You can do this by sending proof of your U.S. citizenship to the National Visa Center (NVC). You should send:

A copy of the biodata page of your U.S. passport; or

A copy of your certificate of naturalization

Important Notice: If you are now a U.S. citizen, you must file separate immigrant visa petitions for each of your children. If you upgrade a family second preference (F2) petition for your spouse and you did not file separate petitions for your children when you were a lawful permanent resident (LPR), you must do so now. A child does not receive derivative status in an immediate relative (IR) petition. This is different from the family second preference (F2) petition where a child is included in his/her parent’s F2 petition. A child is not included as a derivative in his/her parent’s IR petition.

Children born abroad after you became a U.S. citizen may qualify for U.S. citizenship. They should apply for U.S. passports. The consular officer will determine whether your child is a U.S. citizen and can have a passport. If the consular officer determines your child is not U.S. citizen, the child must apply for an immigrant visa if he/she wants to live in the U.S.

Next Steps – Fees, Affidavit of Support, and Visa Application

After USCIS approves the petition, it is sent to the National Visa Center (NVC). Once received, the NVC will assign a case number for the petition and send the Choice of Address and Agent form to the applicant, if an attorney or agent will be used. (NOTE: If you already have an attorney, the NVC will not send you this form.) NVC will begin pre-processing the applicant’s case by providing the applicant and petitioner with instructions to submit the appropriate fees. After the appropriate fees are paid, the NVC will request that the applicant submit the necessary immigrant visa documents, including the Affidavit of Support, application forms, civil documents, and more. Learn more about National Visa Center visa case processing.

Fees

Fees are charged for the following services:

Filing an immigrant Petition for Alien Relative, Form I-130 (this fee is charged by USCIS).

Processing an immigrant visa application, Form DS-230 or DS-260 (see Note below)

Medical examination and required vaccinations (costs vary)

Other costs may include: translations; photocopying charges; fees for obtaining the documents you need for the immigrant visa application (such as passport, police certificates, birth certificates, etc.); and expenses for travel to the U.S. embassy or consulate for your visa interview. Costs vary from country to country and case to case.

For current fees for Department of State services, see Fees for Visa Services. For current fees for USCIS services, see Check Filing Fees on the USCIS website.

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. Applicants will be provided with instructions by the NVC on where and when to pay the appropriate fees. These instructions are also available on NVC’s Immigrant Visa Processing webpage. Do not send payments to the NVC’s address in Portsmouth, New Hampshire.

Required Documentation

In general, the following documents are required:

Passport(s) valid for 60 days beyond the expiration date printed on the immigrant visa

Affidavit of Support (I-864, I-864A, I-864 EZ, or I-864W, as appropriate) from the petitioner/U.S. sponsor.

Application for Immigrant Visa and Alien Registration, Form DS-230, both Part I and Part II, or Online Immigrant Visa Application and Registration, Form DS-260  (NOTE: Form DS-260 is a new online application form. It is currently in use for immigrant visa applicants whose cases meet certain criteria. Review Online Immigrant Visa Forms to learn whether you must complete the online DS-260 form.)

Two (2) 2×2 photographs. See the required photo format explained in Photograph Requirements.

Civil Documents for the applicant. See Documents the Applicant Must Submit for more specific information about documentation requirements, including information on which documents may need to be translated. The consular officer may ask for more information during your visa interview. If not already submitted to the NVC, bring clear, legible photocopies of civil documents, such as birth and marriage certificates, and any required translations to your immigrant visa interview. Original documents and translations can then be returned to you.

Completed Medical Examination Forms – These are provided by the panel physician after you have completed your medical examination and vaccinations (see below).

Visa Interview

Once the NVC determines the file is complete with all the required documents, they schedule the applicant’s interview appointment. 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, petitioner, attorney, and third-party agent, if applicable, will receive appointment emails, or letters (if no email address if available), containing the date and time of the applicant’s visa interview along with instructions, including guidance for obtaining a medical examination.

Applicants should bring their valid passports, as well as any other documentation above not already provided to NVC, to their visa interviews. During the interview process, ink-free, digital fingerprint scans will be taken. Generally, applicants will receive their original civil documents and original translations back at the time of interview.

Medical Examination and Vaccinations

Important Notice: In preparing for your interview, you will need to schedule and complete your medical examination and any required vaccinations before your visa interview.  Before an immigrant visa can be issued, every applicant, regardless of age, must undergo a medical examination which must be performed by an authorized panel physician. Applicants are provided instructions by NVC regarding medical examinations, including information on authorized panel physicians. See Medical Examination for more information, including a list of panel physicians by country, and frequently asked questions.

Vaccination Requirements

U.S. immigration law requires immigrant visa applicants to obtain certain vaccinations prior to the issuance of immigrant visas. See Vaccination Requirements for IV Applicants for the list of required vaccinations and additional information.

What Is Conditional Residence?

If you have been married for less than two years when your foreign citizen spouse enters the United States on an immigrant visa, his or her permanent resident status is considered “conditional.” The immigrant visa is a conditional resident (CR) visa, not an immediate relative (IR) visa.

You and your spouse must apply together to USCIS to remove the conditional status within the ninety days before the two-year anniversary of your spouse’s entry into the United States on his or her immigrant visa. The two-year anniversary date of entry is the date of expiration on the alien registration card (green card). See Remove Conditions on Permanent Residence Based on Marriage on the USCIS website.

How Long Does It Take?

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. Sometimes the U.S. sponsor, or petitioner, cannot meet Affidavit of Support requirements. Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a consular officer.

Ineligibilities for Visas – What If the Applicant Is Ineligible for a Visa?

Certain conditions and activities may make an applicant ineligible for a visa. Examples of these ineligibilities include: drug trafficking; overstaying a previous visa; and submitting fraudulent documents. If you are ineligible for a visa, you will be informed by the consular officer and advised whether there is a waiver of the ineligibility available to you and what the waiver process is. Classes of Aliens Ineligible to Receive Visas contains the complete list of ineligibilities.

Misrepresentation of Material Facts or Fraud

Attempting to obtain a visa by the willful misrepresentation of a material fact or fraud may result in you becoming permanently ineligible to receive a U.S. visa or enter the United States.

When You Have Your Immigrant Visa – What You Should Know

If you are issued an immigrant visa, the consular officer will give you your passport containing the immigrant visa and a sealed packet containing the documents which you provided. It is important that you do not open the sealed packet. Only the U.S. immigration official should open this packet when you enter the United States. You are required to enter the U.S. before the expiration date printed on your visa. When traveling, the primary (or principal) applicant must enter the U.S. before or at the same time as family members holding visas.

Entering the U.S. – Port of Entry

A visa allows a foreign citizen to travel to the U.S. port of entry and request permission to enter the U.S. Applicants should be aware that a visa does not guarantee entry into the U.S. The DHS, U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the U.S. Travelers should review important information about admissions and entry requirements on the CBP website under Travel.

How to Apply for a Social Security Number Card

If you elected on your immigrant visa application form to receive your Social Security Number Card upon admission to the United States as an immigrant, your card will be sent via mail to the U.S. address you designated on your application form, and should arrive approximately six weeks following your admission. If you did not elect to receive your Social Security Number Card automatically, you will have to apply to be issued a card following your arrival in the United States. To learn about applying for a Social Security Number Card, visit the Social Security Administration website.

Additional Information

Immigrant visa applicants should not make any final travel arrangements, dispose of property, or give up jobs until and unless visas are issued. Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a consular officer. An immigrant visa is generally valid for six months from the issuance date.

General Visa Questions

Before submitting your inquiry, we request that you carefully review this website for answers to your questions. Because of the volume of inquiries, we cannot promise an immediate reply to your inquiry.

If your inquiry concerns a visa case in progress overseas, you should first contact the U.S. embassy or consulate handling your case for status information. Select U.S. Embassy or Consulate to find contact information.

You can find contact information for the Office of Visa Services, Public Inquiries Division at How to Contact Us.