A Brief Guide to US Immigrant Visa Processing

US Immigrant Visa Processing

Migrating to the US is an important, yet complex, decision. It brings its own share of benefits and challenges. Depending on the type of immigrant visa applied for, the process can take up to a few months. San Diego immigration lawyers have prepared a short guide to visa processing for your convenience, as follows.

Eligibility

Most immigrant visas in the US are family or employment based. To be eligible for a US immigration visa, you must be sponsored by a US citizen relative, any lawful US permanent resident or a prospective employer (with a few exceptions). The sponsorship process is initiated by the sponsor. It begins by filing a petition on behalf of the foreign citizen with the US Citizenship and Immigration Services (USCIS).

Family-based Immigration

A legal US citizen can file an immigrant visa petition for their spouse, son or daughter, parent and brother or sister. However, a lawful US permanent resident (i.e. a green card holder) can only file an immigrant visa for his/her spouse and unmarried son or daughter. To commence the immigration process, the sponsoring family should file an I-130 Petition for Alien Relative with the US Citizenship and Immigration Services (USCIS).

Employment-Based Immigration

US employers can also sponsor certain skilled workers who meet the prescribed eligibility criteria. These skilled workers can then come to the US and will be hired into permanent jobs. In some specialized sectors, US laws give leverage to prospective employers to sponsor employees themselves.

In addition, US laws offer a number of special immigrant categories for employees, as well as a comprehensive immigrant investor program.

The employment-based immigration program commences with the employer filing an I-140 Petition for Alien Worker with the US Citizenship and Immigration Services (USCIS). In some cases, the prospective employee is required to file an I-140 petition on their own.

Other Immigrant Visas

In addition to the family and employment-based visas, there are a few other US visa options available for immigrants. A US citizen can file a petition for the immigration of a foreign fiancé (e) with the intent of marriage in the US. Similarly, a petition for US immigration can be filed to adopt an orphan or for an orphan to be adopted from abroad.

Every year, the US issues diversity visas under a lottery scheme. The winner gets a green card application. To qualify for the lottery, you need to review the eligibility conditions for Diversity Visas. A child born in the US, but living abroad, can apply for immigration on becoming a major.

An immigrant may also apply for a US visa based on marriage to a lawful US citizen.

Regulations

All immigrant visas issued are subjected to rigorous checks and balances implemented by USCIS. In the event a fraud is discovered on your visa application or discovered after the visa application has been processed, the consequences can be severe.

Incomplete documentation is likely to get your immigrant visa form rejected and you may be barred from reapplying for some time. For these reasons, it is best to receive consultation of licensed and experienced immigration services in San Diego before making any visa application.

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