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A: 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.
A: 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.
A: 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.
A: Visa
Services does not exercise authority to change consular
officers’ decision on visa applications, but they can
assist in finding out the status of an application. They can
also suggest several different methods for getting the
information addresses for letters, telexes, faxes, and, in
emergency situations, cables. If you have some facts on an
individual case, they can frequently explain the legal
grounds for refusal and any possible avenues of relief, for
example.
A: Visa
Services may be able to suggest other channels.
A: 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.
A: 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. Specific information is available from
the Immigration and Naturalization Service.
A: 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.
A: 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.
A:
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.
A: 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.
A: 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.
A: 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. The Visa Bulletin -- under the Visa Services
homepage -- gives the changes in availability of priority
dates. (See question below for more information.)
A: The Visa
Bulletin is available under the Visa
Services home page. You may also dial 202-647-3000 from
your fax machine. The document number is 1038.
A: Each
country has its own requirements for obtaining police
certificates or clearances. Specific information is
available from the U.S. consulate processing the case.
A: 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.
A: 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).
A: 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.
A: 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.
A:
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.
A: 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.
A: 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. See further information on visitor
visas under the Visa Services home page.
A: 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. See further
information on student
visas under the Visa Services home page.
A:
Immigration and Naturalization Service (INS) authorizes
changes of status when an alien is in the U.S. The local INS
office should be contacted.
A: He/she
should apply at the local Immigration and Naturalization
Service office.
A: 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. More
information is available under the Visa Services home
page.
A: 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.
A: 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.
A: 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.
A: 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.
A: If the
form begins with the letter "I," it is an
Immigration and Naturalization Service (INS) form. Check the
INS web site at http://www.ins.usdoj.gov/graphics/index.htm.
If you are
looking for a form OF-156 (Nonimmigrant Visa Application),
you may download
it from the Visa Services home page or call the autofax
at 202-647-3000.
If you have
questions about immigrant visa packets 3 or 4, you need to
call the National Visa Center at 603-334-0700, or check
NVC under the Visa Services home page.
A: The Visa
Office has set up a hotline at 202-331-7199 with recorded
information on the visa lottery. Winners are notified by the
National Visa Center. Those who are not notified can assume
they were not selected and can re-enter the following year.
A: You need
to call the INS about the examination and the naturalization
process.
A: You need
to call the INS who issues green cards to legal permanent
residents.
A: From the
embassy or consulate of the country you are planning to
visit. The booklet, Foreign Entry Requirements has
information on visa/entry requirements, embassy and
consulate addresses, and telephone numbers for all foreign
missions in the United States. (See the FAQ entitled
"Other Subjects" for information on how to obtain
a copy of Foreign Entry Requirements.)
Frequently
Asked Questions on More Subjects
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