IMMIGRANT VISAS

The Immigrant Visa Process: An Overview

To become a Lawful Permanent Resident (LPR) of the U.S. a person must obtain an immigrant visa (IV) - permission to seek entry into the U.S. There are four key stages that almost all prospective immigrants must go through to obtain an immigrant visa. While the length of time and procedures change depending on the visa category, all prospective applicants pass through some version of each of the following stages to obtain an immigrant visa.

1. Petitions
2. Preparation for the Immigrant Visa Interview
3. The Immigrant Visa Interview
4. Return of Passport & Documents by Courier

These stages are described in general terms below.

Stage 1: Petitions

In most cases, obtaining an immigrant visa starts with the filing of a petition by a U.S. citizen or LPR on behalf of the applicant. The purpose of the petition is to establish that the applicant fits into one of the classes of individuals permitted to legally immigrate to the U.S. These classifications are grouped into three broad categories: family-, employment- and diversity lottery-based immigrants. Diversity Visa (DV) applicants do not file a petition, but their entry into the "visa lottery" establishes eligibility.

The person or business that files the petition is called the petitioner, and the person on whose behalf it is filed is called the principal beneficiary. Spouses or children who might be permitted to travel based on the beneficiary's petition are called derivatives.

Most petitions are filed either by family members or by potential future employers with the Department of Homeland Security (DHS) office in the district where they reside. Family members (U.S. citizens only) may also file petitions in-person at the DHS office in the U.S. Embassy, New Delhi. A properly filed petition must be signed by the petitioner and accompanied by the appropriate filing fee.

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Stage 2: Preparation for the Immigrant Visa Interview

Once the petition has been filed and approved, the next stage for the beneficiary will be preparation for the interview. The prospective immigrant must complete application forms providing biographic and other information and gather and submit documents to VFS that will be used in the interview. They must also have a medical exam by a panel physician and pay a processing fee.

Not all beneficiaries move immediately from petition filing and approval stage to the preparation stage. Some classifications of immigrants are subject to annual numerical limits. In numerically limited classifications, beneficiaries may have to wait anywhere from two to twelve years from the time the petition is filed on their behalf to the time when they are scheduled for an appointment. The Department's National Visa Center (in Portsmouth, NH) and Kentucky Consular Center (in Williamsburg, KY) store such cases and provide beneficiaries with information about their case status, sending standardized packets of information to them at various stages in the preparation process.

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Stage 3: The Immigrant Visa Interview

Applicants are scheduled for interview as soon as they are documentarily prepared and, for numerically limited classifications, as soon as the Visa Office confirms that a number, under the applicable numerical quota, is available for that applicant. The purpose of the interview is to evaluate the beneficiary's and any derivatives' eligibility for an immigrant visa. At this time, the consular officer will confirm that all required documents have been presented and that there is a legal basis for immigration for each applicant, that is, that the required family relationship, employment offer or winning diversity lottery entry exists. Consular officers must also review the prospective immigrants' files for any legal impediments to their receiving a visa ("ineligibilities"), paying particular attention to the medical exam results, evidence of financial support, police records, results of name checks and the applicants' statements.

The beneficiaries will be either issued or refused a visa at the end of the interview. If a visa is refused, they will be personally informed of the reason and provided with information on what can be done to overcome or process a waiver of the grounds for refusal, if a waiver is available. If the visa is approved, an immigrant visa form is prepared for each individual.

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Stage 4: Return of Passport & Documents by Courier

When the applicant's visa application is successful, the consular officer retains his or her passport and documents. The passport then has the visa placed inside it and the documents are placed in a sealed packet.  The passport and document packet are delivered to VFS for distribution by courier. The courier delivers the passport and document packet to the address given by the applicant. It will take up to seven business days after the interview for delivery. The applicants pay for the courier service when they submit their documents at VFS before their visa interview.

When the applicant receives the sealed document packet it must not be opened by anybody. It must remain sealed. If the document packet is opened it must be returned to the U.S. Embassy or Consulate to be resealed before the beneficiary travels to the U.S. A charge must be paid to have it resealed.

Once received, the visa and accompanying document packet can be used to travel to a U.S. port of entry and seek admission as a Lawful Permanent Resident (LPR).