Department
of State
Bureau of Consular Affairs
Frequently
Asked Questions
Visas
- I'm
an American citizen traveling to another country. Where do I
get my visa?
- Who
can I call for information on visa cases and what can they do
about specific visa cases?
- When
should I call the Immigration and Naturalization Service?
- What
is an advisory opinion?
- What
about visa denials? What can Visa Services in Washington do?
- What
if I have sent correspondence to a foreign service post and
have not received a response?
- What
is the difference between an immigrant and a nonimmigrant
visa?
- How
can an alien become a legal permanent resident or green card
holder?
- What
is the difference between an immediate relative petition and a
preference petition?
- What
is the process for obtaining an immigrant visa?
- What
documents are required for the immigrant visa interview?
- What
foreign service post handles approved immigrant visa petitions
for persons who last resided in a country where there is no
American consular representation?
- What
is the waiting time for an immigrant visa after the National
Visa Center or the foreign service post receives the approved
petition?
- What
is a priority date?
- How
can I get the Visa Bulletin?
- How
does an applicant obtain police certificates?
- What
fees are involved in obtaining an immigrant visa?
- 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?
- What
must be done to invite someone for a visit to the United
States?
- What
does an applicant need for a visitor visa?
- How
does an alien obtain a student visa?
- How
does an alien in the U.S. change visa status?
- How
does an alien extend the period of time allowed to remain in
the U.S.?
- 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?
- What
is necessary for an alien to enter the U.S. to marry a U.S.
citizen?
- Does
the fiance(e) visa automatically change to an alien
registration card (green card)?
- How
can an applicant learn why he/she was denied a visa at a post
overseas?
- What
can an applicant do if he/she has been denied? Can he/she
appeal?
- How
do I get forms?
- How
can I enter the visa or green card lottery?
- How
do I become a U.S. citizen?
- Q:
Who can I call for information on visa cases and what can they
do about specific visa cases?
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.
- Q:
When should I call the Immigration and Naturalization Service?
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.
- Q:
What is an advisory opinion?
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.
- Q:
What about visa denials? What can Visa Services in Washington
do?
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.
- Q:
What if I have sent correspondence to a foreign service post
and have not received a response?
A:
Visa Services may be able to suggest other channels.
- Q:
What is the difference between an immigrant and a nonimmigrant
visa?
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.
- Q:
How can an alien become a legal permanent resident or green
card holder?
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.
- Q:
What is the difference between an immediate relative petition
and a preference petition?
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.
- Q:
What is the process for obtaining an immigrant visa?
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.
- Q:
What documents are required for the immigrant visa interview?
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.
- Q:
What foreign service post handles approved immigrant visa
petitions for persons who last resided in a country where
there is no American consular representation?
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.
- Q:
What is the waiting time for an immigrant visa after the
National Visa Center or the foreign service post receives the
approved petition?
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.)
- Q:
How can I get the Visa Bulletin?
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.
- Q:
How does an applicant obtain police certificates?
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.
- Q:
What fees are involved in obtaining an immigrant visa?
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.
- Q:
How long is an immigrant visa valid? What if the applicant
must delay arrival in the U.S.?
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).
- Q:
What documentation is required of a child born outside the
U.S. of legal permanent residents?
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.
- Q:
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?
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.
- Q:
Can a U.S. citizen or legal permanent resident file apetition
at any foreign service post for the immigration of a relative?
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.
- Q:
What must be done to invite someone for a visit to the United
States?
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.
- Q
: What does an applicant need for a visitor visa?
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.
- Q:
How does an alien obtain a student visa?
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.
- Q:
How does an alien in the U.S. change visa status?
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.
- Q:
How does an alien extend the period of time allowed to remain
in the U.S.?
A:
He/she should apply at the local Immigration and Naturalization
Service office.
- Q:
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?
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.
- Q:
What is necessary for an alien to enter the U.S. To marry a
U.S. citizen?
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.
- Q:
Does the fiance(e) visa automatically change to an alien
registration card (green card)?
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.
- Q:
How can an applicant learn why he/she was denied a visa at a
post overseas?
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.
- Q:
What can an applicant do if he/she has been denied? Can he/she
appeal?
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.
- Q:
How can I enter the visa or green card lottery?
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.
- Q:
How do I become a U.S. citizen?
A: You
need to call the INS about the examination and the naturalization
process. |