Overview

Your foreign relative wishes to immigrate to the United States and you’ve determined that s/he is eligible.

How Does My Foreign Relative Acquire an Immigrant Visa?

The Immigration and Nationality Act (INA) allows a U.S. citizen or permanent resident to petition the United States Citizenship and Immigration Services (USCIS) for certain foreign relatives to come to the United States to live permanently. Learn more about the family sponsored preference categories. Once the petition is approved by the USCIS, it is forwarded to the National Visa Center (NVC).

The INA limits the number of family based immigrant visas that are issued each year based on a preference category. Each preference category is assigned a number of immigrant visas. In addition, there is a limit to the percentage of immigrant visas that can be allotted to each country in a year. Since the demand for immigrant visas is higher than the limited number and greater for some countries, an immigrant visa ‘waiting list’ forms. As such, your foreign relative’s preference category and country of origin will determine the time the relative petition will remain at the NVC until an immigrant visa number becomes available. The wait time can be years.

The NVC requires that your foreign relative complete an online immigrant visa application and file an affidavit of support along with required documentation. The NVC performs a background check on your foreign relative. Once the immigrant visa application, affidavit of support and documentation are received and the background check is complete and the results are satisfactory, the NVC forwards the petition and all other material to the United States consulate nearest your foreign relative’s foreign residence.

The United States consulate conducts an interview and issues the immigrant visa allowing your foreign relative to legally enter the United States to live permanently. Upon issuance of the immigrant) visa, your foreign relative must enter the United States within 6 months. After entry, your foreign relative and will be issued a permanent residence card allowing them to live permanently in the United States.

The immigrant visa process is complicated and time-consuming. We suggest the retention of an experienced immigration attorney well versed in the complexities of the process. The attorneys at CLG can efficiently guide you through each step of the process with the end goal of obtaining the immigrant visa as quickly as possible.

Requirements

Your foreign relative requires an immigrant visa to enter the United States. Is your foreign relative eligible to apply for an immigrant visa?

What are the Requirements to Obtain an Immigrant Visa?

U.S. Citizen or Permanent Resident Alien

The person filing the petition must be a United States citizen either by birth or naturalization or a permanent resident of the United States.

Family Relationship

There is a legally recognized family relationship between the petitioner and foreign relative.

Financial Support

The person filing the petition must be able to demonstrate that s/he can financially support their foreign relative, that they fulfill the minimum financial support requirements or that they have a co-sponsor who does.

Criminal History

Your foreign relative has not committed certain crimes.

Process

Your foreign relative requires an immigrant visa to enter the United States. You know that s/he is eligible to apply but the process seems complicated. For your information, CLG has listed the steps in the process below.

1. United States Citizenship and Immigration Services (USCIS)

In order to initiate the process, the petitioner (U.S. citizen or permanent resident) files a Petition for Alien Relative (form I-130) on behalf of the beneficiary (foreign relative) with the appropriate USCIS Service Center that has jurisdiction over where the petitioner resides. After the relative petition is filed, the USCIS will issue a receipt notice. After reviewing the relative petition, the USCIS will issue an approval notice. The approved relative petition is then forwarded to the National Visa Center (NVC).

Timing: Currently, the Petition for Alien Relative is approved within 20 to 41 months (on average) depending on your foreign relative’s family sponsored preference category.

2. National Visa Center (NVC)

The NVC performs a background check of your foreign relative, collects immigrant visa and affidavit of support fees and documents, processes the immigrant visa application and provides instruction regarding the interview and the required medical examination. After processing is complete, the NVC schedules an interview and forwards the relative petition, immigrant visa application and documents to the United States embassy or consulate nearest your foreign relative’s residence.

Timing: The Immigration and Nationality Act (INA) limits the number of family based immigrant visas that are issued each year based on a preference category. Each preference category is assigned a number of immigrant visas. In addition, there is a limit to the percentage of immigrant visas that can be allotted to each country in a year. Since the demand for immigrant visas is higher than the limited number and greater for some countries, an immigrant visa ‘waiting list’ forms. As such, your foreign relative’s preference category and country of origin will determine the time the relative petition will remain at the NVC until an immigrant visa number becomes available. The wait time can be years.

3. United States Embassy or Consulate

At the interview, the consular officer will verify that all required documentation has been provided. Second, and more importantly, the consular officer will question your foreign relative in detail with respect to the specifics of your relationship in order to determine its legitimacy.

Assuming that the consular officer is satisfied, the immigrant visa application is approved and an immigrant visa is placed in your foreign relative’s passport. The visas will be valid for 6 months. The United States embassy or consulate will also provide your foreign relative with a sealed envelope that contains the approved petition, applications and documentation. Before departing for the United States, your foreign relative must pay a USCIS Immigrant Fee online.

Timing: Currently, the interview is scheduled (on average) within 2-5 months of receipt of all requested material. Immigrant visas are issued within 7-10 days of approval.

4. Entering the United States

Upon issuance of the immigrant visas, your foreign relative must enter the United States within 6 months. Upon entry into the United States, your foreign relative will give the sealed envelope to the Customs and Border Protection (CBP) officer. The CBP officer will stamp your foreign relative’s passport. This signifies entry as an immigrant.

5. Permanent Resident (‘Green Card’) Status

After entry as an immigrant, your foreign relative will receive a lawful permanent resident card. The permanent resident card will be valid for 10 years.
If you have additional questions about the relative (immigrant) visa process, you may wish to read our immigrant visa FAQs.

Check Fees

All CLG clients are entitled to predictable and transparent fees. Your fixed fee covers all legal services, from our first discussion through to case completion, regardless of the time spent by our attorney. There are absolutely no additional charges for document preparation, emails, telephone calls, consultations, responses to government requests, interview preparation and attendance, issue solving or advocacy and no hidden costs.

In addition to attorney fees, you will also be required to pay the various government filing fees as they become due. All fees are listed below.

• FAQs about Arrival in the United States on an Immigrant Visa

  • Can my foreign spouse obtain a social security number after entry into the United States?

    Yes. Upon entry into the United States, your foreign spouse is a permanent resident. Your foreign spouse will receive a social security number.

  • What is the procedure when a foreign relative arrives in the United States?

    Upon entry into the United States, your foreign relative will give a sealed envelope (provided by the U.S. embassy or consulate) to the Customs and Border Protection (CBP) officer. The CBP officer will stamp the foreign relative’s passport. This signifies entry as an immigrant.

  • How long can a foreign relative remain in the United States after they enter?

    Permanently.

  • How does a foreign relative obtain the permanent residence (‘green card’) card after they enter the United States?

    Approximately 2 weeks after entry as an immigrant, your foreign relative will receive a lawful permanent resident card by mail. The permanent resident card will be valid for 10 years.

  • Can a foreign relative work legally after entry into the United States?

    Yes. Upon entry into the United States, the foreign relative is a permanent resident. The foreign relative will receive a social security number and can begin to work legally.

  • Can my foreign relative obtain a social security number after entry into the United States?

    Yes. Upon entry into the United States, your foreign relative is a permanent resident. Your foreign relative will receive a social security number.

• FAQs about Attorney Services

  • Can a U.S. citizen or permanent resident complete the immigrant visa process without an attorney?

    Yes. The immigration regulations do not require a U.S. citizen or permanent resident to use the services of an attorney.

  • Why should I retain an attorney?

    An experienced immigration attorney is well versed in the nuances of the visa process including petition and application preparation, responses to requests for evidence, documentation collection, government communication, consular interviews and advocacy. The attorney can successfully overcome possible issues by providing clients with solid advice based upon education and experience. If you are unsure as to whether you should hire an attorney, you may wish to read our page: Why hire an attorney?

  • How can I verify the status of my case?

    CLG clients can verify the status of a case online at anytime. At the beginning of the process, CLG clients register with our website by selecting a username and password and creating an individual account. You can verify the status of your case by logging in to the client section of the Choquette Law website. Enter your username (email address) and password into the ‘Login’ box. Once logged in to your account, you can view the status of your case as well as any notices issued by government entities. At all times, your information remains secure and private. Please view our privacy policy.

• FAQs about entering the United States on a Tourist Visa

  • Can a foreign relative apply for a tourist visa while an immigrant visa is pending?

    Yes. In order for a tourist visa to be issued, however, the United States embassy or consulate officer must be convinced that the foreign relative intends to return to their country after the visit to the United States. The pending immigrant visa application indicates that the foreign relative intends to live permanently in the United States. Thus, the foreign relative must prove that although s/he intends to live permanently in the United States, s/he will return to their home country after the visit. Since this is difficult to prove, it is likely that the United States embassy or consulate officer will deny the application for a tourist visa.

• FAQs about Immigrant Visas

  • What is an immigrant visa?

    An immigrant visa is issued by the United States embassy or consulate in the foreign spouse’s home country. An immigrant visa allows your foreign spouse to legally enter and live permanently in the United States.

  • What happens after you receive the immigrant visa?

    The consular officer will return your foreign spouse’s and any child’s passports with machine readable visas, along with a sealed envelope containing the documents previously provided and other documents prepared by the United States embassy or consulate. Before departing for the United States the foreign spouse and any children must pay a USCIS Immigrant Fee ($165) online. Upon entry, the sealed envelope will be opened by the Customs and Border Protection (CBP) officer and approximately 2 weeks after entry as an immigrant, each person will receive a lawful permanent resident card.

  • What are the requirements for issuance of an immigrant visa?

    • A legally recognized family relationship between the petitioner and foreign relative
    • The U.S. citizen or permanent resident can demonstrate an ability to financially support their foreign relative upon entry into the United States.
    • The foreign relative has not committed certain crimes.
  • How is an immigrant visa processed by the United States embassy or consulate?

    At the interview, the consular officer will verify that all required documentation has been provided. Second, and more importantly, the consular officer will question your foreign relative in detail with respect to the specifics of your family relationship in order to determine its legitimacy.

    Assuming that the consular officer is satisfied, the immigrant visa application is approved and an immigrant visa is placed in your foreign relative’s passport. The visa will be valid for 6 months. The United States embassy or consulate will also provide your foreign relative with a sealed envelope that contains the approved petition, applications and documentation.

  • Why would the United States embassy or consulate deny an immigrant visa?

    The United States embassy or consulate might deny the immigrant visa for a variety of reasons. From an administrative perspective, immigrant visas can be denied for failing to present requested documents, a divorce decree for example; incorrectly completing documents, or failing to provide adequate evidence of ability to financially support the foreign relative.
    From a relationship perspective, immigrant visas can be denied because the United States embassy or consulate officer is not convinced that a legal family relationship exists between the U.S. citizen or permanent resident and their foreign relative.

  • How long is the entire immigrant visa process?

    The issuance of an immigrant visa requires processing by the USCIS, NVC and United States embassy or consulate. The Immigration and Nationality Act (INA) limits the number of family based immigrant visas that are issued each year based on a preference category. Each preference category is assigned a number of immigrant visas. In addition, there is a limit to the percentage of immigrant visas that can be allotted to each country in a year. Since the demand for immigrant visas is higher than the limited number and greater for some countries, an immigrant visa ‘waiting list’ forms. As such, your foreign relative’s preference category and country of origin will determine the time the relative petition will remain at the NVC until an immigrant visa number becomes available. The wait time can be years.

  • How long does it take the United States embassy or consulate to issue an immigrant visa?

    Once the United States embassy or consulate officer is satisfied, the immigrant visa application is approved and a machine readable visa is placed in the foreign relative’s passport 1 week after the interview.

  • What is the immigrant visa fee at the United States embassy or consulate?

    At present, the immigrant visa application fee is $230 per applicant. Each applicant must pay a separate application fee. Click here for a list of applicable fees. Please note that the immigrant visa application fee is paid to the National Visa Center (NVC).

  • For how long is an immigrant visa valid after issuance by the United States embassy or consulate?

    An immigrant visa is valid for 6 months after issuance. This means that the foreign relative must enter the United States prior to the expiration of the 6 month period.

• FAQs about the National Visa Center (NVC)

  • What is the National Visa Center?

    Once the relative petition is approved by the USCIS, the relative petition is forwarded to the National Visa Center (NVC). The NVC performs a background check of your foreign relative, collects immigrant visa and affidavit of support fees and documents, processes the immigrant visa application and provides instruction regarding the interview and the required medical examination. After processing is complete, the NVC schedules an interview and forwards the petition, immigrant visa application and documents to the United States embassy or consulate nearest your foreign relative’s foreign residence.

  • How long is NVC processing?

    The Immigration and Nationality Act (INA) limits the number of family based immigrant visas that are issued each year based on a preference category. Each preference category is assigned a number of immigrant visas. In addition, there is a limit to the percentage of immigrant visas that can be allotted to each country in a year. Since the demand for immigrant visas is higher than the limited number and greater for some countries, an immigrant visa ‘waiting list’ forms. As such, your foreign relative’s preference category and country of origin will determine the time the relative petition will remain at the NVC until an immigrant visa number becomes available. The wait time can be years. Once an immigrant visa number becomes available, then the NVC requires approximately 2-3 months to process all documentation and forward it to the U.S. embassy or consulate.

• FAQs about the Relative Petition

  • What is a relative petition?

    A relative petition is the first step in the immigrant visa process (this is a link) and is filed by a U.S. citizen or permanent resident on behalf of their foreign relative with the United States Citizenship and Immigration Services (USCIS). If approved, the relative petition is forwarded to the National visa Center (NVC) to complete the second step of the process.

  • What are the requirements to file a relative petition?

    • The petitioner must be a U.S. citizen or permanent resident.
    • There is a legally recognized family relationship between the petitioner and foreign relative.
  • Can a permanent resident file a relative petition?

    Yes. A permanent resident can file a relative petition on behalf of a spouse or unmarried son or daughter. A spouse or unmarried son or daughter of a permanent resident is not considered an immediate relative. As such, the wait time for an immigrant visa to become available and issued by a U.S. embassy or consulate is significantly longer.

  • Can an unemployed petitioner file a relative petition?

    Yes. There is no USCIS requirement that the petitioner be employed in order to file a relative petition. However, in order for the U.S. embassy or consulate to issue an immigrant visa, evidence must be presented that the petitioner is able to financially support a foreign relative upon entry into the United States. If the petitioner is unemployed at the time of the embassy or consulate interview, a co-sponsor (a person other than the petitioner) may present evidence demonstrating their ability to financially support the foreign relative.

  • What is the government filing fee for a relative petition?

    A relative petition is termed a Petition for Alien Relative (form I-130). At present, the filing fee is $420. We have provided a complete list of fees applicable to the immigrant visa application process on our immigrant visa fees page.

  • How long does it take the USCIS to process a relative petition?

    After the relative petition is filed, the USCIS will issue a receipt notice. After reviewing the relative petition, if all the conditions and specifications are met, the USCIS will issue an approval notice. Currently, a relative petition is approved within 20 to 41 months (on average) depending on the foreign relative’s family sponsored preference category.

  • How long is the relative petition valid for after approval?

    As long as there is a legally recognized family relationship between the petitioner and foreign relative a relative petition is valid.