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 citizen’s behalf with U.S. Citizenship and Immigration Services (USCIS).
  

Immigration based on Family


A U.S. citizen can file an immigrant visa petition for:

Spouse

Son or daughter

Parent

Brother or sister

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

Spouse

Unmarried son or daughter

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).

Family-Based Immigrant Visas

A lawful permanent resident is a foreign national who has been granted the privilege of permanently living and working in the United States. If you want to become a lawful permanent resident based on the fact that you have a relative who is a citizen of the United States or is a lawful permanent resident, your relative in the United States will need to sponsor you and prove he/she has enough income or assets to support you, the intending immigrant(s) when in the United States. Your relative sponsor and you, the intending immigrant, must successfully complete certain steps in the immigration process in order to come to the United States. Here are the key steps: First, the USCIS must approve an immigrant visa petition, I-130 Petition for Alien Relative filed by your sponsoring relative for you. Next, most sponsors will need to demonstrate adequate income or assets to support the intending immigrant, and accept legal responsibility for financially supporting their family member, by completing and signing a document called an Affidavit of Support. Once this is complete, then the intending immigrant will apply for the immigrant visa.

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