Immigrant Visas
Immigrant Visa Eligibility
In general, in order to be eligible to apply for an immigrant visa, a foreign citizen must first be sponsored by a U.S. citizen relative or by a prospective employer. This process, often called "petitioning," is the first step in the application process, and is done in the United States. (Limited exceptions are "immediate relative" petitions, which may be accepted abroad under some circumstances.) If the petition is approved and is current, the petition allows a prospective immigrant to begin the visa application process. Generally, approved petitions are forwarded to a U.S. consulate in the country in which the applicant is residing. In such cases the applicant will be notified by mail and provided with instructions on the application process.
(Please note, most immigrant visas are numerically limited, meaning that only a certain number of immigrants in most visa categories may immigrate to the U.S. in a given year. Therefore, although someone may have an approved petition they may -- depending on the visa category, --not be eligible to begin visa processing for many years. However, unlike most other immigrant categories, "Immediate Relatives" are not subject to numerical limits under immigration law. You can check the current "priority date" for various immigrant visa categories visit the Department of State immigrant visa website.
The major immigrant categories are:
- Immediate Relatives
- Special Immigrants
- Family-sponsored
- Employment-sponsored
The Diversity Visa Program provides a certain number of permanent resident visas annually. These visas are drawn from countries with low rates of immigration to the U.S. For more information see the Diversity Visa Program.
Finally, special immigrant processing (such as following-to-join, refugee/asylee cases) may also be processed by the consulate. In such cases, processing will commence upon formal notification from the U.S. Citizenship and Immigration Service (USCIS). Processing for certain cases may also require receipt of relevant documents from USCIS as well. All applicants for such cases will be notified by the consular section that their cases are ready for processing. Like all cases handled by the IV section, you will receive appropriate written instructions for processing your case.