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Department
of State F.A.Q.
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Who can I call for information on visa cases
and what can they do about specific visa cases?
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When should I call the Immigration and Naturalization Service?
- What
is an advisory opinion?
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What is the difference between an immigrant and a nonimmigrant
visa?
- How
can an alien become a legal permanent resident or green
card holder?
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What is the difference between an immediate relative petition
and a preference petition?
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What is the process for obtaining an immigrant visa?
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What documents are required for the immigrant visa interview?
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What foreign service post handles approved immigrant visa
petitions for persons who last resided in a country where
there is no American consular representation?
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What is the waiting time for an immigrant visa after the
National Visa Center or the foreign service post receives
the approved petition?
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What is a priority date?
- How
does an applicant obtain police certificates?
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What fees are involved in obtaining an immigrant visa?
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How long is an immigrant visa valid? What if the applicant
must delay arrival in the U.S.?
-
What documentation is required of a child born outside the
U.S. of legal permanent residents?
- The
legal permanent resident parents left the child abroad with
family members and returned to the U.S. They now wish to
bring the child to the U.S. What must they do?
- Can
a U.S. citizen or legal permanent resident file a petition
at any foreign service post for the immigration of a relative?
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What must be done to invite someone for a visit to the United
States?
- What
does an applicant need for a visitor visa?
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How does an alien obtain a student visa?
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How does an alien in the U.S. change visa status?
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How does an alien extend the period of time allowed to remain
in the U.S.?
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Can the holder of an expired nonimmigrant visa, such as
an "I" journalist visa, in the U.S. be issued another nonimmigrant
visa before leaving the U.S. for a temporary absence?
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What is necessary for an alien to enter the U.S. to marry
a U.S. citizen?
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Does the fiance(e) visa automatically change to an alien
registration card (green card)?
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How can an applicant learn why he/she was denied a visa
at a post overseas?
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What can an applicant do if he/she has been denied? Can
he/she appeal?
1. Who can I call for information on visa cases and what can
they do about specific visa cases?
You
can call the Visa Services' Public Inquiries Branch at 202-663-1225.
This number has recorded information with an option to speak
with during most business hours. If you wish to inquire about
an immigrant visa petition that has already been approved
by the Immigration and Naturalization Service (INS), you may
wish to contact the National Visa Center (NVC) at 603-334-0700.
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2. When should I call the Immigration and Naturalization Service?
Once an individual is in the United States, they come under
the jurisdiction of the Immigration and Naturalization Service
(INS), U.S. Department of Justice.
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3. What is an advisory opinion?
It is an opinion rendered by Visa Services when a post has
a question about the interpretation of immigration law and
needs the State Department to make a determination on a point
of that law.
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4. What is the difference between an immigrant and a nonimmigrant
visa?
An immigrant visa is the visa issued to persons wishing to
live permanently in the United States. A nonimmigrant visa
is the visa issued to persons with permanent residence outside
the U.S. but who wish to be in the U.S. on a temporary basis,
for example, tourism, medical treatment, business, temporary
work, or study.
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5. How can an alien become a legal permanent resident or green
card holder?
To
become a legal permanent resident, an alien must first be
admitted as an immigrant. There are two basic methods for
obtaining an immigrant visa: 1) through family relationship
with a U.S. citizen or legal permanent resident, or 2) through
employment.
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6. What is the difference between an immediate relative petition
and a preference petition?
An
immediate relative petition can be filed by a U.S. citizen
on behalf of a spouse, parent, or child. A preference petition
is filed by a U.S. citizen on behalf of a son or daughter,
by a legal permanent resident on behalf of a spouse, son or
daughter, or child, or by an employer on behalf of an employee.
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7. What is the process for obtaining an immigrant visa?
An
alien must be sponsored by a relative or employer who files
the appropriate petition with the Immigration and Naturalization
Service (INS). INS approves the petition, it is forwarded
to the National Visa Center in Portsmouth, New Hampshire.
The National Visa Center then informs the beneficiary that
an approved petition has been received and provides instructions
on next steps. As soon as a visa number is available on a
preference petition or as soon as INS approves an immediate
relative petition, the National Visa Center sends the beneficiary
instructions on the next steps to take.
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8. What documents are required for the immigrant visa interview?
Requirements may differ slightly from post to post, but the
basic requirements include: a passport, three photographs,
birth and police certificates, marriage, divorce, or death
certificates, proof of financial support, and medical examination.
More detailed information would have to come from the National
Visa Center or the processing post.
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9. What foreign service post handles approved immigrant visa
petitions for persons who last resided in a country where
there is no American consular representation?
Persons from countries that do not have an American embassy
or consulate are considered "homeless" because they cannot
return to their home country to be interviewed for the immigrant
visa. When the National Visa Center receives an immigrant
visa approved petition on a "homeless" case, it assigns the
case to an embassy or consulate that has been determined is
capable of handling the additional workload. The petitioner
or beneficiary will be informed by the National Visa Center
of the post that was chosen.
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10. What is the waiting time for an immigrant visa after the
National Visa Center or the foreign service post receives
the approved petition?
Several factors influence how long the process may take. Immediate
relative visas are not numerically limited by statute so,
workload permitting, the post may begin processing the approved
petition upon receipt. Preference visas are numerically limited;
therefore, the post must wait until the priority date on the
petition is available before starting to process the case.
The major reason for lengthy waits, i.e. priority dates that
are months or several years earlier than your inquiry, is
the fact that each year many more people apply for immigrant
visas than can be satisfied under the annual numerical limit
set by law for preference cases. Certain categories, such
as the family fourth preference, are heavily oversubscribed.
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11. What is a priority date?
The
priority date, in the case of a relative immigrant visa petition,
is the date the petition was filed. In the case of an employer-sponsored
petition, the priority date is the date the labor certification
was filed with the Department of Labor.
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12. How does an applicant obtain police certificates?
Each country has its own requirements for obtaining police
certificates or clearances. Specific information is available
from the U.S. consulate processing the case.
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13. What fees are involved in obtaining an immigrant visa?
The cost of an immigrant visa is $260 (U.S.) for application
and $65 (U.S.) for issuance per person, regardless of age.
There may also be fees to obtain required documents, for certifying
or notarizing documents, and for the medical examination.
The cost of the immigrant visa itself remains constant, but
other fees vary from post to post. The applicant will be informed
of fees by the processing post. The fees are payable in U.S.
and equivalent local currency. Cash is acceptable at all posts;
other methods of payment must be determined by the processing
post.
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14. How long is an immigrant visa valid? What if the applicant
must delay arrival in the U.S.?
The
consul may issue an immigrant visa with a maximum validity
of six months. If an applicant must delay travel to the U.S.
beyond six months, he/she should contact the U.S. consulate
and arrange to have the interview scheduled closer to his/her
possible departure. If an immigrant visa has already been
issued and circumstances force the alien to remain abroad
longer, the applicant should contact the U.S. consulate and
request an extension of the immigrant visa's validity. If
the validity of an immigrant visa expires, a new one may be
issued upon payment of the statutory application and issuance
fees (U.S. $325).
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15. What documentation is required of a child born outside
the U.S. of legal permanent residents?
A
child born abroad of legal permanent resident parents may
enter the U.S. without a visa provided the child is accompanied
by a parent upon that parent's initial return to the U.S.
within two years of the child's birth with documentation showing
the parent-child relationship.
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16. The legal permanent resident parents left the child abroad
with family members and returned to the U.S. They now wish
to bring the child to the U.S. What must they do?
The child must have an immigrant visa to enter the U.S. The
legal permanent resident parent(s) must file a preference
petition with the Immigration and Naturalization Service.
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17. Can a U.S. citizen or legal permanent resident file a
petition at any foreign service post for the immigration of
a relative?
Authority to accept a petition rests solely with the Immigration
and Naturalization Service (INS). INS has determined that
petitions must be filed in the petitioner's place of residence.
Therefore, if the petitioner resides in the U S., the petitioner
must file at his/ her local INS office; if the petitioner
resides abroad, the petitioner must file at the U.S. embassy
or consulate that has jurisdiction.
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18. What must be done to invite someone for a visit to the
United States?
A
guest of a U.S. host can be helped by sending him/her a letter
of invitation. The letter should include the invitee's name,
reason for visit, period of stay in the U.S., and method of
payment of expenses. If the guest is paying his/her own expenses,
he/she must be prepared to show the consular officer that
sufficient funds are available for the trip. If the American
host is paying the expenses, an affidavit of support may be
included.
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19. What does an applicant need for a visitor visa?
An applicant must have a passport, valid for six months beyond
duration of the proposed visit, one passport-size photograph,
and proof of social, economic, professional or other compelling
ties to a residence outside the United States to which he/she
will be expected to return after the visit.
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20. How does an alien obtain a student visa?
The
requirements are generally the same as for a visitor visa.
However, in addition to the passport, photo, and proof of
ties abroad, the applicant must also have an I-20 form issued
by the school he/she wishes too attend. The I-20 form is proof
that the applicant has been accepted for a program of study
at an accredited institution.
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21. How does an alien in the U.S. change visa status?
Immigration
and Naturalization Service (INS) authorizes changes of status
when an alien is in the U.S. The local INS office should be
contacted.
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22. How does an alien extend the period of time allowed to
remain in the U.S.?
He/she should apply at the local Immigration and Naturalization
Service office.
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23. Can the holder of an expired nonimmigrant visa, such as
an "I" journalist visa, in the U.S. be issued another nonimmigrant
visa before leaving the U.S. for a temporary absence?
In
certain circumstances, yes. Visa Services does reissue A,
E, G, H, L, and I visas, so long as there is the same type
visa stamp already in the passport, and the date of expiration
is not more than one year earlier.
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24. What is necessary for an alien to enter the U.S. to marry
a U.S. citizen?
The U.S. citizen must file a fiance(e) petition, Form I-129F,
with the local Immigration and Naturalization Service (INS).
The INS will forward the approved petition to a U.S. embassy
or consulate abroad. The post will then contact the alien
with information and eventually schedule an interview for
a fiance(e) visa. The alien has 90 days from entry into the
U.S. in which to marry the U.S. citizen.
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25. Does the fiance(e) visa automatically change to an alien
registration card (green card)?
No.
After the marriage takes place, the U.S. citizen must contact
Immigration and Naturalization Service to change the alien
spouse's status to legal permanent resident. This information
is given to the alien fiance(e) upon his/her entry to the
U.S.
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26. How can an applicant learn why he/she was denied a visa
at a post overseas?
An applicant is always told the reason for denial, orally
or in writing. If an applicant does not understand the reason
for denial, or wishes to offer further evidence to overcome
the denial, he/she should contact the post where the application
was made to determine that post's reapplication policy.
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27. What can an applicant do if he/she has been denied? Can
he/she appeal?
You
should know that all denials are reviewed by a senior consular
officer. There is no "appeal" process per se on visa denials,
but an applicant can reapply for a nonimmigrant visa if he/she
can present new evidence to overcome the previous grounds
for refusal. Some high-volume posts require that a significant
period of time (six months to one year) elapse before reapplication
with new qualifying evidence.
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