Residence Visas
This page serves as a resource for individuals seeking to make the U.S. their permanent home. The United States offers a diverse range of immigrant visas, each tailored to different categories of applicants, including family-sponsored visas, employment-based visas, special immigrant visas, and the Diversity Immigrant Visa Program. Our aim is to provide you with an in-depth understanding of the various pathways to U.S. residency, including the eligibility criteria, application processes, and specific considerations for each visa type. Whether you are seeking to reunite with family, advance your career, or embark on a new life journey, this guide is designed to assist you in navigating the complexities of the U.S. immigration system and help you understand the steps required to achieve your American dream.
Immigrant Visas can be divided in 3 categories:
- Immediate Relative & Family Sponsored
- Employer Sponsored – Employment
- Other Immigrants
Immediate Relative & Family Sponsored
In this section, we explore the category of Immediate Relative & Family Sponsored visas, a cornerstone of the U.S. immigration policy that underscores the value of family unity. This part of the category is dedicated to plays a pivotal role in bringing families together. We aim to provide a broad overview of the processes, requirements, and considerations relevant to this category, setting a foundation for understanding the specific visa types detailed in the subsequent pages. This category contains IR, CR, K, IH and F2 visas.
IR1 and CR1 Visa
Immigrant Visa for a Spouse of a U.S. Citizen
For those embarking on the journey of spousal immigration to the United States, the IR1 and CR1 visas represent crucial pathways. This article serves as a guide to understanding these options, beginning with the definition of a “spouse” in immigration terms. A legally wedded husband or wife qualifies as a spouse, but mere cohabitation does not. Common-law marriages may be recognized depending on the country’s laws where the marriage occurred. In polygamous marriages, only the first spouse is recognized for immigration purposes.
Initiating the Process: Filing the Petition
The journey begins with filing a Petition for Alien Relative, Form I-130, through the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS). This step is necessary for a spouse seeking to immigrate to the United States. The USCIS website provides detailed instructions for filing, including the petition’s destination. In certain cases, U.S. citizens residing abroad may file the petition outside the United States.
Sponsorship Requirements and Residency
A U.S. sponsor must be at least 18 years old and have a U.S. residence to sign the Affidavit of Support (Form I-864 or I-864EZ), a requirement for the immigrant visa. The U.S. sponsor must maintain their principal residence, or domicile, in the United States. This domicile is necessary for filing the Affidavit of Support, with limited exceptions.
Upgrading a Petition for New U.S. Citizens
If a lawful permanent resident (LPR) sponsor becomes a U.S. citizen, they must upgrade the petition from family second preference (F2) to immediate relative (IR) status. This upgrade requires sending proof of U.S. citizenship to the National Visa Center (NVC).
The Path Forward: Fees, Documents, and Interview
After USCIS approves the petition, it is transferred to the NVC, which assigns a case number and instructs the applicant to complete Form DS-261. The applicant and petitioner are then directed to submit the required fees and documents, including the Affidavit of Support and Form DS-260, Immigrant Visa and Alien Registration Application. Costs vary and include fees for the medical examination, required vaccinations, and other related expenses.
Documentation and Visa Interview
Applicants must provide various documents, including a valid passport, the Affidavit of Support, Form DS-260, and civil documents like birth and marriage certificates. A medical examination and vaccinations are also required. The NVC, upon receiving the complete file, schedules the visa interview at the relevant U.S. Embassy or Consulate.
Processing Time and Visa Ineligibilities
The processing time for these visas varies and depends on factors such as the applicant’s adherence to instructions and the U.S. sponsor’s ability to meet the Affidavit of Support requirements. Visa ineligibilities, like drug trafficking, overstaying a previous visa, or fraud, may complicate the process. In such cases, consular officers will inform the applicants about any possible waivers.
Post-Approval Steps
Once granted the visa, the applicant can enter the United States. Upon entry, they should apply for a Social Security Number Card. The article concludes by addressing the transition to permanent residency and additional resources for general visa questions.
K-1 and K-3 Visa
The United States offers specific visa categories for the foreign-citizen fiancé(e)s and spouses of its citizens: the K-1 and K-3 visas.
The K-1 Visa: Fiancé(e) Visa Explained
The K-1 visa, often referred to as the fiancé(e) visa, is designed for the foreign-citizen fiancé(e)s of U.S. citizens planning to marry within 90 days of entering the United States. This visa is a nonimmigrant visa, which means it allows the holder to enter the U.S. temporarily. After the marriage, the foreign-citizen spouse can apply for an adjustment of status to become a lawful permanent resident (LPR).
The K-3 Visa: Spousal Visa
On the other hand, the K-3 visa is a nonimmigrant visa for the foreign-citizen spouses of U.S. citizens. This visa category was created to shorten the physical separation between the couple while their immigrant visa petition is being processed. The K-3 visa allows the spouse to live in the U.S. and then adjust their status to a permanent resident after the petition’s approval.
Initiating the Visa Process
For the K-1 visa, the process starts with the U.S. citizen filing Form I-129F, Petition for Alien Fiancé(e), with USCIS. Once the petition is approved, the foreign-citizen fiancé(e) can apply for the K-1 visa. For the K-3 visa, after the U.S. citizen files Form I-130, Petition for Alien Relative, they can also file Form I-129F to facilitate their spouse’s entry into the U.S. while awaiting the immigrant visa.
Application Requirements and Procedures
The application process includes providing evidence of the relationship, fulfilling medical examination requirements, and attending a visa interview at a U.S. embassy or consulate. The primary requirement is to prove a genuine relationship between the U.S. citizen and their foreign-citizen fiancé(e) or spouse.
Processing Times and Transitional Steps
Processing times for K-1 and K-3 visas can vary significantly based on individual circumstances and the workload of USCIS and consular offices. Once in the U.S., K-1 visa holders must marry their U.S. citizen fiancé(e) within 90 days, while K-3 visa holders can adjust their status to permanent residents following the marriage and petition approval.
Understanding Visa Limitations and Adjustments
These visas are specifically for the partners of U.S. citizens and come with certain limitations and requirements. After the marriage, K-1 and K-3 visa holders can apply for an adjustment of status to become permanent residents, a critical step towards building a life together in the United States.
IR3, IH3, IR4, IH4
Intercountry Adoption of Orphan Children by U.S. Citizens
This section delves into the specific visas associated with the intercountry adoption of orphan children by U.S. citizens, focusing on the IR3, IH3, IR4, and IH4 categories. These visas form the cornerstone of the U.S. immigration process for internationally adopted children, reflecting the commitment to ensuring the welfare and proper placement of orphans in loving, permanent homes.
IR3 and IH3 Visas: Immediate Relative Adoption
The IR3 and IH3 visas are issued to orphans adopted by U.S. citizens abroad. The IR3 visa is granted when the adoption is finalized in the child’s home country, and the adoptive parents have seen the child before and during the adoption process. In contrast, the IH3 visa is issued to children from countries that are part of the Hague Adoption Convention, a multinational agreement that seeks to safeguard intercountry adoptions.
IR4 and IH4 Visas: U.S.-Finalized Adoptions
The IR4 and IH4 visas apply to orphans who enter the U.S. to be adopted. The IR4 visa is for children whose adoption will be finalized in the United States, and whose adoptive parents did not see them before or during the adoption process in the child’s home country. The IH4 visa is its counterpart under the Hague Adoption Convention, for children entering the U.S. for a final adoption.
The Adoption Process: Requirements and Procedures
The adoption process involves several key steps, including filing a petition with the USCIS, undergoing a home study, ensuring the child is legally classified as an orphan, and complying with the legal adoption or custody requirements of both the U.S. and the child’s home country. The process varies depending on whether the adoption is under the Hague Convention.
Medical and Legal Considerations
Medical examinations are a vital part of the process, ensuring the child’s health before entering the U.S. Legal considerations include obtaining the necessary documents, such as the child’s birth certificate and abandonment decree, and ensuring all adoption procedures comply with international and U.S. laws.
Post-Adoption Adjustments and Citizenship
Once in the U.S., children with IR3 and IH3 visas automatically acquire U.S. citizenship. For IR4 and IH4 visa holders, citizenship is granted after the adoption is legally finalized in the United States. The adjustment to life in the U.S. involves not just the legalities of immigration and citizenship, but also the emotional and cultural transition for both the child and the adoptive family.
IR2, CR2, IR5, F1, F3, F4
Certain Family Members of U.S. Citizens
This section focuses on the visa categories available to certain family members of U.S. citizens, specifically the IR2, CR2, IR5, F1, F3, and F4 visas. Each of these categories plays a significant role in the U.S. immigration system’s family reunification efforts, allowing U.S. citizens to bring their close relatives to the United States.
IR2 and CR2 Visas: Children of U.S. Citizens
The IR2 visa is designed for unmarried children under 21 years of age of U.S. citizens. These children are considered immediate relatives and can accompany or follow to join a parent who has obtained an IR1 or CR1 visa. The CR2 visa is similar but is issued to children whose parents have been married for less than two years, thereby granting conditional residency status.
IR5 Visa: Parents of Adult U.S. Citizens
The IR5 visa category is for parents of U.S. citizens who are at least 21 years old. This visa allows parents to live permanently in the U.S. as immediate relatives of their adult children, strengthening family bonds across borders.
F1, F3, and F4 Visas: Family Preference Categories
The F1 visa is for unmarried sons and daughters of U.S. citizens and their minor children. The F3 visa caters to married sons and daughters of U.S. citizens, including their spouses and minor children. Lastly, the F4 visa is designated for siblings of U.S. citizens, where the citizen sponsor is at least 21 years old, including the siblings’ spouses and minor children. These family preference categories are subject to annual numerical limits.
Application Process and Requirements
The process begins with the U.S. citizen filing a petition on behalf of their relative. The application involves proving the family relationship, meeting financial sponsorship requirements, and undergoing a medical examination. The processing time can vary significantly based on the visa category and the current demand.
Adjustment of Status and Permanent Residency
Upon entering the U.S., beneficiaries of these visas may apply for adjustment of status to become lawful permanent residents. This step is a critical part of the journey toward fully integrating into life in the United States and potentially pursuing U.S. citizenship.
F2A, F2B
Certain Family Members of Lawful Permanent Residents
This section explores the F2A and F2B visa categories, which are specifically designed for certain family members of lawful permanent residents (LPRs) of the United States. These visa categories are integral to the U.S. immigration system’s commitment to family reunification, enabling LPRs to bring their close relatives to join them in the U.S.
F2A Visa: Spouses and Minor Children of LPRs
The F2A visa category is open to the spouses and unmarried children under 21 years of age of lawful permanent residents. This visa allows these family members to reside in the United States and is a vital step towards strengthening family units across international borders.
F2B Visa: Unmarried Sons and Daughters of LPRs
The F2B visa is designated for the unmarried sons and daughters of lawful permanent residents who are 21 years old and above. Unlike the F2A category, this visa is for adult children, providing them an opportunity to join their families in the U.S. and build a life alongside their LPR parents.
Application Process and Eligibility Criteria
The application process for both F2A and F2B visas involves the LPR filing a petition on behalf of their eligible family members. This process includes establishing the qualifying family relationship, meeting the financial sponsorship requirements, and ensuring the applicants undergo a medical examination.
Waiting Periods and Priority Dates
Due to annual caps on the number of visas issued in these categories, there are often significant waiting periods. Applicants must wait for their priority date to become current, which can vary based on the demand and the per-country visa cap.
Adjustment of Status and Path to Residency
Upon entry into the United States, beneficiaries of F2A and F2B visas may seek to adjust their status to become permanent residents. This step is essential for them to fully integrate into the U.S. society and, eventually, they may choose to pursue citizenship.
Employer Sponsored – Employment visas
Employment Visas, specifically focusing on E and C visa categories. In this segment, we delve into the world of employment-based visas, offering key insights into the pathways and requirements for individuals seeking to work in the United States through employer sponsorship. These visas cater to a diverse array of professionals, including traders, investors, and individuals participating in specialized international exchange programs.
E1, E2, E3, EW3, C5, T5, R5, I5
Employment-Based Immigrants
In the realm of U.S. immigration, various visa categories cater to specific employment and investment needs. This article provides an overview of the E1, E2, E3, EW3, C5, T5, R5, and I5 visas, each designed to accommodate different professional and entrepreneurial objectives.
E1 Visa: Treaty Traders
The E1 visa is for nationals of countries with which the United States maintains a treaty of commerce and navigation. This visa allows individuals to enter the U.S. to engage in substantial trade, primarily between the United States and their home country.
E2 Visa: Treaty Investors
Similar to the E1, the E2 visa is available to nationals from treaty countries. It is designed for those who are investing a substantial amount of capital in a U.S. business. E2 visa holders can work in the U.S. for the company in which they have invested.
E3 Visa: Australian Specialty Occupation Professionals
The E3 visa is exclusive to Australian nationals who are going to the U.S. to work in a specialty occupation. The applicant must have a legitimate offer of employment in the U.S. and possess the necessary academic or other qualifying credentials.
EW3 Visa: Unskilled Workers
The EW3 visa category is part of the broader EB-3 visa group, specifically for unskilled workers who can perform labor requiring less than two years of training or experience that is not of a temporary or seasonal nature.
C5, T5, R5, I5 Visas: Immigrant Investor Program Visas
These visa categories are part of the EB-5 Immigrant Investor Program, which allows entrepreneurs (and their spouses and unmarried children under 21) to apply for a green card if they:
- Make the necessary investment in a commercial enterprise in the United States (C5 and T5 visas); and
- Plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers (R5 and I5 visas).
This program is designed to stimulate the U.S. economy through job creation and capital investment by foreign investors.
Application Process and Requirements
Each of these visas has specific application processes and requirements. They generally require a demonstration of the purpose of the U.S. entry, such as trade or investment documentation for E1 and E2 visas or a job offer and professional qualifications for the E3 visa. The EB-5 related visas require substantial investment and proof of job creation.
SD and SR
Religious Workers
In the diverse landscape of U.S. visas, the SD and SR categories are specifically designed for religious workers. This article aims to shed light on these lesser-known but important visa types, which allow foreign nationals to enter the United States for religious work.
SD Visa: Ministers of Religion
The SD visa category is reserved for ministers of religion. This includes individuals who are authorized by a recognized religious denomination to conduct religious worship and perform other duties usually performed by authorized members of the clergy of that denomination. The SD visa is a type of immigrant visa, meaning it allows its holders to seek permanent residency in the United States.
SR Visa: Other Religious Workers
The SR visa category caters to other religious workers who are not ministers. These individuals might be engaged in various religious occupations and vocations that require a high level of religious training and are recognized as a religious occupation within the denomination. Like the SD visa, the SR visa is also an immigrant visa, offering a path to permanent residency.
Application Process and Eligibility
To qualify for an SD or SR visa, applicants must be a member of a religious denomination having a bona fide nonprofit, religious organization in the United States. The application process involves the U.S. employer (the religious organization) filing a petition on behalf of the foreign religious worker. Evidence must be provided to demonstrate the legitimacy of the religious organization, the religious nature of the occupation, and the applicant’s qualification for the role.
Duration and Limitations
Both the SD and SR visas are subject to certain limitations, including caps on the number of visas issued annually. The duration of stay in the U.S. under these visas is generally tied to the period of employment. Applicants must also comply with the requirements of their visa category to maintain their status and proceed towards permanent residency.
Other Immigrants
In this section, we turn our attention to the “Other Immigrant Visas” category, focusing on the Diversity Visa (DV) and Returning resident visa (SB). These visa types are unique components of the U.S. immigration system, each serving distinct purposes and catering to different groups of individuals.
DV
Diversity Immigrant Visa
The Diversity Visa (DV) program, often referred to as the “Green Card Lottery,” represents a unique facet of U.S. immigration policy. This program aims to diversify the immigrant population in the United States, offering a chance for individuals from countries with historically low rates of immigration to the U.S. to become lawful permanent residents.
The Concept and Goal of the DV Program
Established under the Immigration Act of 1990, the DV program allocates up to 50,000 immigrant visas annually. Its primary goal is to offer an immigration opportunity to individuals from nations underrepresented in the U.S. immigrant population, thereby promoting a global diversity in the U.S.
Eligibility Criteria
Eligibility for the DV program is country-based and determined by the individual’s country of birth. Applicants must hail from countries deemed “low-admission” to the United States. The list of eligible countries is subject to change each year and is based on immigration statistics of the preceding five years. In addition to being a native of a qualifying country, applicants must meet education or work experience requirements, possessing at least a high school education or its equivalent, or two years of work experience in an occupation requiring at least two years of training.
The Application Process
Participation in the DV program is through an online entry during a designated registration period, typically held annually. Applicants must submit a digital form and a recent photograph through the official DV Lottery website. There is no fee to enter the DV Lottery. Winners are selected randomly by a computer-generated drawing. It’s important to note that being selected in the lottery does not automatically grant a visa; it allows the individual to apply for a Diversity Immigrant Visa.
Post-Selection Steps
Selected applicants must complete further visa processing steps, including submitting a Form DS-260, undergoing a medical examination, and attending a visa interview at a U.S. embassy or consulate. They must also prove that they will not become public charges in the United States.
Challenges and Considerations
The DV program is highly competitive, with millions of applicants each year but only 50,000 visas available. Applicants should also be wary of fraud and scams, particularly services that promise increased chances of winning in exchange for a fee.
SB
Returning Resident
The Returning Resident SB visa is a crucial aspect of U.S. immigration policy, designed specifically for lawful permanent residents (LPRs) who need to return to the United States after an extended stay abroad. This article aims to elucidate the purpose, eligibility criteria, and application process of the SB visa, providing a clear pathway for LPRs seeking to re-establish their residency in the U.S.
Purpose of the SB Visa
The SB visa category addresses the needs of LPRs who have remained outside the United States for more than one year due to circumstances beyond their control and thus could not maintain their residency status. This visa allows them to re-enter the U.S. and resume their status as permanent residents.
Eligibility Criteria
To qualify for an SB visa, applicants must demonstrate that:
- They were a lawful permanent resident when they departed the United States.
- Their intention at the time of departure was to return to the U.S. and they have not abandoned this intention.
- They are returning to the United States from a temporary visit abroad and, if the stay was protracted, this was caused by reasons beyond their control and for which they were not responsible.
Application Process
The application for an SB visa involves several steps:
- Filing a Form DS-117: Applicants must file a Form DS-117, Application to Determine Returning Resident Status, with the nearest U.S. Embassy or Consulate.
- Supporting Documentation: Applicants need to provide documentation supporting their claims of LPR status, the reasons for the prolonged stay abroad, and ties to the United States.
- Interview and Adjudication: Applicants will have an interview at a U.S. Embassy or Consulate. The consular officer will review the evidence and decide on the returning resident status.
Fees and Processing Time
There are fees associated with the filing of Form DS-117 and the visa application process. The processing time for the SB visa can vary depending on the specific circumstances of the case and the workload at the respective U.S. Embassy or Consulate.
