The Immigrant Visa Process

Foreign citizens who want to live permanently in the United States must first obtain
an immigrant visa. This is the first step to becoming a lawful permanent resident.
Immigrating to the United States is an important and complex decision. In this
section, you will learn about who may immigrate to the United States, the different
types of immigrant visas, the required forms, and the steps in the immigrant visa
process. Because most immigrants receive visas in the family or
employment based visa categories, they are a key focus of this section. To
be eligible to apply for an immigrant visa, a foreign citizen must be sponsored by a
U.S. citizen relative, U.S. lawful permanent resident, or a prospective employer, with
a few exceptions, explained below. The sponsor begins the immigration process by
filing a petition on the foreign citizens behalf with U.S. Citizenship and Immigration
Services (USCIS).
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Immigrating Based on Family
A U.S. citizen can file an immigrant visa petition for:

Spouse

Son or daughter

Parent

Brother or sister

A U.S. lawful permanent resident (that is, a green-card holder) can file an immigrant
visa petition for:

Spouse

Unmarried son or daughter

As you get started:

Learn more about Family Categories.

To begin the immigration process, your sponsoring family member must file
an I-130 Petition for Alien Relative with U.S. Citizenship and Immigration
Services (USCIS).

Employment-Based Immigration

A U.S. employer can sponsor certain skilled workers who will be hired into
permanent jobs. In some specialized fields, U.S. law allows prospective immigrants
to sponsor themselves. In addition, U.S. law provides a number of special immigrant
categories, as well as an immigrant investor program.
As you get started:

Learn more about Employment Categories

To begin the immigration process, your sponsoring employer must file an I140 Petition for Alien Worker with U.S. Citizenship and Immigration Services
(USCIS). In some categories, you can file the I-140 petition yourself.

Number of Visas Each Year is Limited in Some Categories

Regarding some of the immmigrant visa categories, United States law limits the
number of visas available each year, with certain limits by country. In these limited
categories, whenever the number of qualified applicants exceeds the available
immigrant visas, there will be a waiting list. In this situation, the available immigrant
visas will be issued in the chronological order in which the petitions were filed. The
date your petition was filed is called your priority date. You can learn more
about priority dates.
Other Immigrant Visa Categories
Many immigrants receive visas in the family or employment based visa categories;
however there are other immigrant visa categories. A U.S. citizen can also petition
for the immigration of a foreignfianc(e) to be married in the United States, or an
orphan adopted abroad/to be adopted in the United States. Several immigrant visa
categories that cover special types of workers or special circumstances are
established by U.S. laws. (Learn more about special immigrant categories.) The
United States also conducts an annual program for Diversity Visas. For these other
visa categories, the immigrant process flow chart above does not apply; therefore,
select from the category webpages under More Information above to learn how to
apply in these visa categories.
Espaol

What does it mean to be a...

Agent
Attorney of Record
Beneficiary

Petitioner
Sponsor

Immigrating permanently to the United States of America can be a very challenging

process. It will take persistence and patience but with over 41 million immigrants living in
the US, it is clearly possible to navigate the system successfully. [1] Whether you're doing
it to escape persecution, to stay with a family member, for an employment opportunity,
or just to start a new life, this guide should help you along the way.
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Part

Applying For Permanent Resident Status

1.

1
Assess whether you are eligible for permanent resident status in the United
States. Permanent resident status in the US is granted for four main reasons: family ties,
employment, status as a refugee, and to promote diversity.[2] If you are granted permanent
resident status, you will be given a permanent visa, otherwise known as a green card.
o

To qualify for permanent resident status due to family ties you must be directly
related to a US citizen or green-card holder. That means that you are the spouse, child, parent,
or sibling of a US citizen. That US citizen can petition for you to get a visa, but approval is not
guaranteed and certain relationships are given higher preference.[3]

To qualify for permanent resident status due to employment you must secure
employment from a US company. The first step is to have them request labor certification
approval from the Department of Labor. This process can be long and costly, so a company
must have a strong desire to hire you if they agree to go through the whole undertaking. These
visas are given out to encourage highly skilled people to come to the US. [4]

To qualify for permanent resident status due to status as a refugee you must
have a "well-founded fear of persecution" based on a variety of social statuses, such as ethnic
or religious affiliation, that restricts your ability to return to your country of origin. For specific
details about applying for permanent residency due to your status as a refugee, go
to http://fas.org/sgp/crs/misc/RL31269.pdf.

To qualify for permanent resident status through the Diversity Visa Lottery
Program, known commonly as the green card lottery, you have to be immigrating from a country
with a low rate of immigration to the US. If less than 50,000 people from your home country
have immigrated to the US in the past 5 years, then you may be eligible to submit an application.
For more information on this program go to http://www.uscis.gov/green-card/other-ways-getgreen-card/green-card-through-diversity-immigration-visa-program/green-card-through-diversityimmigrant-visa-program.

2
Submit a petition for a permanent visa. This petition should be submitted by the US citizen
that is sponsoring your application. This person will vary, depending on the way you qualify for
permanent residency, but is usually a family member that is an American citizen or your
prospective employer.[5]
This is not your application for permanent residency, it is the form that must be

approved before the U.S. Citizenship and Immigration Services will consider a permanent visa
application.

If your petition is denied, the response should include a reason for denial and

your rights to appeal the decision if there are any.[6]

3
Review your application and supporting documents with a lawyer once your petition has
been approved. While a lawyer is not always required, it is a good idea to hire one that
specializes in immigration law. One mistake in your application can result in a rejection and a
lawyer can work as your representative throughout the process.
o

This part of the process marks your entry into the National Visa Center
Processing system, which will guide you through the pre-approval process.The center is the

agency which is responsible for collecting fees and supporting documentation. They will notify

you when these are required and when they have actually been received.[7]

4
Submit your fees, application, supporting materials, and wait for a response.Waiting is a
big part of the process, unfortunately. After you pay your fees, you will then be allowed to turn in
your application and supporting materials. Supporting materials include financial records, to
prove that you will not be a financial burden to the US, and civil documents from your home
country (which will need to be translated into English if they are not already).[8]

5
Have a medical examination before the date of your interview. This examination is designed
to assess whether your entry into the US would cause a public health threat. Your doctor will
determine if you have any communicable diseases, as well as giving you any required
vaccinations.[9] The doctor will have to fill out USCIS form I-693 and you will need to return it to
the USCIS in a sealed envelope.[10]

6
Go to an interview. At the end of the process, you will be asked to go to an interview with a
government official, usually at a US embassy. The date, time, and location will be given to you.
At the end of the interview, you will usually be told whether or not your visa application has been
accepted!

7
Enter the United States. Your permanent resident status will begin once you go through
customs when entering the US.
Renew your green card. Your green card needs to be renewed every 10 years (or

every 2 years if you are given a conditional green card).[11] Do not forget to renew your green
card before it expires. You can do this by filling out USCIS form I-90 either online or sending it
via the mail.
o

You should start the renew process when your green card is 6 months from
expiration, this way there will be plenty of time for the renewal to be processed.

Part

Applying For US Citizenship

1.

1
Reside in the US with a valid green card for more than 5 years. Green card holders must
reside in the US for 5 years before they are eligible for full US citizenship, unless you are
married to an American citizen, then it is only 3 years before you can apply.[12] During that time it

is important to follow all laws and rules regarding your green card. Infractions could hurt your
chances for full citizenship.
2.

2
Apply for naturalization. While green card holders do not have to apply for full US citizenship,
there are many that do. Citizenship allows for voting rights, having a US passport, benefits from
the federal government, such as social security, and the ability to run for elected office. To begin
the process of applying for naturalization, otherwise known as citizenship, you need to fill out
form N-400 at http://www.us-immigration.com.

If your application is denied you have the right to appeal the decision. You can

request a hearing with an immigration officer to discuss the basis for the denial. If you are still
denied after this hearing, you can then submit a form to review your application in US district

court.[13] Both the hearing and the court review will cost you additional fees.

3
Go to a citizenship interview. The interview will be scheduled once your application is
processed and it will be conducted by an agent of the US Citizenship and Immigration
department. The interview should consist of questions about your application and your general

background, your character, and your attachment to the Constitution and your willingness to take
the Oath of Allegiance to the United States.[14]
Do not lie during your interview. You are under oath during the interview and if

they decide you are lying, your application can be denied on the spot.

4
Pass the US citizenship test. Once you have passed the interview, you will be scheduled for
the citizenship test. Naturalization applicants are required to take a test on English and Civics.
[15]

This is not an easy test so it requires a lot of studying to be fully prepared.

The English portion of the test consists of parts on reading, writing, and

speaking. You will need to be able to write a sentence that is understandable to a USCIS agent,
read a sentence in a way that is understandable to a USCIS agent, and answer a question
normally when asked by a USCIS agent. All three parts allow you three chances to pass the
component.
The Civics portion of the test consists of questions about US history and

government. You will be asked 10 questions orally and you must answer 6 of them correctly.
There are 100 civics questions that are possible and they are all available to the public at
www.uscis.gov (in the Education and Resources section).[16]
There are studied guides and classes you can take that will help you prepare for

the test.

5
Take an oath to the United States. You are not officially a citizen of the United States until to
make the Oath of Allegiance. Those who pass their citizenship test will be invited to attend a
naturalization ceremony, where they will give their oath and then will become official citizens of
the United States.
o

If you cannot attend your naturalization ceremony there are other options for
completing the Oath of Allegiance, including taking the oath directly after your interview.

Well, Id like to talk today about immigration in the USA.

There are many reasons why different groups of people choose to immigrate: to
escape conflicts or violence, for educational purposes, for jobs and business
opportunities and perhaps the most commonly assumed reason for immigration
to escape poverty. Even so, immigrating permanently to the USA can be a very
challenging process. It will take persistence and patience but with over 41 million
immigrants living in the US, it is clearly possible to navigate the system
successfully.