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More About Immigrant Visa Processing

Posted on 21 Feb 2011 by admin | Filled under: immigration

There can be primarily two techniques for getting an immigrant visa, as a means to work and reside in the US as the "legalised permanent citizen" (known as a green card holder). One is usually by a family-based petition, and the other via an employment-based application. This document gives a general report on the processing of the family-based immigrant visa petition.

Family-based petition: Threshold conditions for petitioner

A family-based petition definitely defines an application on an immigrant visa reported for any family member of a applicant or petitioner, like those reported for: a spouse, father or mother, child, or sibling. To make sure you submit such type of application for an immigrant visa, the immigrant visa petitioner has to satisfy 2 most important conditions:

(1) affirm his / her position as either a US resident or maybe a lawful permanent resident, and

(2) affirm his / her family relationship with the intending immigrant (referred to as the "inheritor" of the immigrant visa petition).

Even though threshold conditions for completing of an immigrant visa petition by the U.S. resident is similar to people registered by a authorized permanent resident, you will find notable distinctions between the two. For one, mainly an adult US citizen may petition for his or her parents or siblings, or married children. Furthermore, a U.S. resident's spouse, child or parent (under 21years and unmarried) are identified as her "immediate relative" for which an immigrant visa is often obtainable (thinking they are generally admissible as specified below). This suggests they don't have to wait for the many number of years that family members of legalised permanent residents will have to wait to their immigrant visa to issue.

Family-based petition: Further conditions (mostly for beneficiary)

Whenever the petitioner ensures through documentary proof (for instance, naturalization document, green card, certificate of a birth, etc.) his US citizenship or lawful permanent residency as well as the requisite family connection with the intending immigrant, several other documents has to be registered with the immigrant visa application, commonly regarded as Form I-130.

These documents --- examples are: affidavit of support, police approval, medical examination document --- wants to affirm that the beneficiary of the immigrant visa application satisfies several legalised requirements that demonstrate desirability for admission or "admissibility " for the US. In the main, admissibility to the U.S. needs evidence that the assignee does not contain characteristics which could disqualify her to get a US. immigrant visa, like (but not restricted to):

(1) being a public charge once within the U.S. - a public charge is one who is about to become "principally relying on the US government for subsistence";

(2) an important criminal convictions;

(3) drug use;

(4) prostitution;

(5) communist connection,

(6) a polygamist,

(7) major health issues, along with other harmful elements.

Still all is not lost for an intending immigrant who may have any of these negative factors. Some of these negative factors may be remedied or "excused" by the U.S. immigration authorities --- before called the INS, now called the USCIS --- through a so-called "waiver." But because of the complexity of immigration laws and difficulty of getting a waiver, the help of an immigration lawyer is highly recommended, if not a must.