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FAQs on Immigration
Frequently Asked Questions on Permanent Residency (Immigration)
 

These questions refer to immigrant visas (and foreign births). For nonimmigrant visas, see FAQs: Temporary Visitors.

General

1. What is the difference between an immigrant and a nonimmigrant visa?
2. How do I get forms?
3. In the U.S., whom can I call for information on immigrant visa cases and what can they do about specific visa cases?
4. What about immigrant visa denials?
5. I'm traveling to another country. Where do I get my visa?
6. I need to find a foreign embassy or consulate in the U.S. Where can I find the number?

Permanent Residency

7. How can I enter the visa or green card lottery?
8. How can I become a legal permanent resident or green card holder?
9. How do I become a U.S. citizen?
10. What is the process for obtaining an immigrant visa?
11. What documents are required for the immigrant visa interview?
12. What is the waiting time for an immigrant visa after the National Visa Center or the Foreign Service post receives the approved petition?
13. What is a priority date?
14. How can I get the Visa Bulletin?
15. When I filed a petition for my relative I was a legal permanent resident (green card holder). I recently became a U.S. citizen. How can I upgrade the petition?
16. I moved. How do I give the National Visa Center my new address?

17. I have been waiting for a very long time for my relative to get an immigrant visa. Now there is a family emergency and I need my relative to immigrate soon to the U.S. Can the National Visa Center help me?
18. Can a U.S. citizen or legal permanent resident file a petition at any Foreign Service post for the immigration of a relative?
19. What Foreign Service post handles approved immigrant visa petitions for persons who last resided in a country where there is no American consular representation?
20. How do I obtain a police certificate?
21. What fees are involved in obtaining an immigrant visa?
22. How long is an immigrant visa valid? What if I must delay my arrival in the U.S.?
23. I lost my "green card." What should I do?
24. If I become a dual citizen will it affect my U.S. citizenship?
25. Do I Need a Work Permit to Work in the U.S.?
26. How Long Can I Remain Outside the U.S. without Losing My Immigrant Status?

Children

27. What should I do if my baby is born abroad?
28. What documentation is required of a child born outside the U.S. of legal permanent residents?
29. 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?
30. I was born abroad to U.S. parent(s). How do I get proof of my birth and citizenship?
31. What if my U.S. parent(s) did not register my foreign birth at a U.S. Embassy or Consulate?

Fiancés

32. What is necessary for me to enter the U.S. to marry a U.S. citizen?
33. Will My fiancé visa automatically change to a permanent resident card (green card)?

 

General

1. What is the difference between an immigrant and a nonimmigrant visa?

An immigrant visa grants the privilege of living and working permanently in the United States. A nonimmigrant visa is 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. For more information, see our Immigration Home Page, our Temporary Visitor Home Page, or FAQs for Temporary Visitors (Nonimmigrants).

2. How do I get forms?

Most forms are available online at Forms, Fees & Filing Locations. If you have questions about a Packet 3 or Packet 4, you need to call the National Visa Center at 603-334-0700.

3. In the U.S., whom can I call for information on immigrant visa cases and what can they do about specific visa cases?

You may contact your nearest USCIS District Office or Sub Office. To check the status of a visa petition you have made, contact the USCIS office that received it, and be prepared to provide the USCIS staff with specific information about the petition. For more information, see Checking the Status of My Case.

4. What about immigrant visa denials?

If the visa petition you filed is denied, the denial letter will tell you how to appeal. For more information, see Appealing the Denial of My Petition or Application.

5. I'm traveling to another country. Where do I get my visa?

From the embassy or consulate of the country you are planning to visit. See Foreign Embassies & Consulates in the U.S.

6. I need to find a foreign embassy or consulate in the U.S. Where can I find the numbers?"

See Foreign Embassies & Consulates in the U.S.

Permanent Residency

7. How can I enter the visa or green card lottery?

See The Diversity Visa Lottery Program

8. How can I become a legal permanent resident or green card holder?

To become a legal permanent resident (or green card holder), you must first be admitted as an immigrant. The most common methods for obtaining an immigrant visa are: 1) through family relationship with a U.S. citizen or legal permanent resident, or 2) through employment. For more details, see The Immigration Process and Green Cards.

9. How do I become a U.S. citizen?

A person may become a U.S. citizen (1) by birth or (2) through naturalization. Naturalization is the way immigrants become citizens of the United States. In most cases, you must be an immigrant (permanent resident) with continuous residence in the U.S. for a number of years before you may apply for naturalization. For more information, see Naturalization or The Immigration Process. If you were born in the United States (including, in most cases, Puerto Rico, Guam, and the U.S. Virgin Islands), you are a U.S. citizen at birth (unless you were born to a foreign diplomat). Your birth certificate is proof of your citizenship. If you were born abroad to a U.S. citizen parent, you may also be a citizen at birth. For more details, see: Birth Abroad.

10. What is the process for obtaining an immigrant visa?

See The Immigration Process.

11. What documents are required for the immigrant visa interview?

Basic requirements include: a passport, three photographs, birth and police certificates, marriage, divorce, or death certificates, proof of financial support, and medical examination. You may also bring supporting information. For details on your specific situation, see your nearest U.S. Consulate or Embassy.

12. What is the waiting time for an immigrant visa after the National Visa Center or the Foreign Service post receives the approved petition?

Several factors influence how long the process may take. Immigrant visa numbers are made immediately available for immediate relatives of U.S. citizens, so processing will begin upon receipt. However, preference visas (see The Preference System) are limited in number, and processing will not begin until the priority date on the petition is available. Long waits may occur for preference visas because each year more people apply for them than can be satisfied under the annual limit. Certain categories, such as the family fourth preference, are heavily oversubscribed. For more information, see Immigrant Visa Numbers.

13. What is a priority date?

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 State Department Visa Bulletin is a monthly publication that gives the changes in availability of priority dates. (See question below for more information.) Visa Services also has a twenty-four hour recording that gives the monthly priority dates. Dial (202) 663-1541.

14. How can I get the Visa Bulletin?

Access the Visa Bulletin online, by email, by telephone, by fax, or by mail.

    Online: http://travel.state.gov/visa_bulletin.html

    Email: VISABULLET@SA1WPOA.US-STATE.GOV (you may contact the Bulletin by email, but it is not distributed by email)

    Telephone: (202) 663-1541, for a 24-hour recording that gives the monthly priority dates that are currently being processed. The recording is updated in the middle of each month with information on cut-off dates for the following month.

    Fax: From your fax, dial (202) 647-3000. Follow the prompts and enter code 1038 to have the Visa Bulletin faxed to you.

    Mail: To be placed on the Visa Bulletin mailing list (or to change an address), write to:

Visa Bulletin
Visa Office
Department of State
Washington, D.C. 20522-0106

Only addresses within the U.S. postal system may be placed on the mailing list. When reporting changes or corrections of address, include a recent mailing label. The Postal Service does NOT automatically notify the Visa Office of address changes. (Obtaining the Visa Bulletin by mail is a much slower option than any of the alternatives mentioned above.)

 

15. When I filed a petition for my relative I was a legal permanent resident (green card holder). I recently became a U.S. citizen. How can I upgrade the petition?

Make a copy of your Naturalization Certificate. Send the copy - NOT the original - to the National Visa Center, 32 Rochester Avenue, Portsmouth NH 03801-2909, with a letter containing the beneficiary name and case number of the petition you want to upgrade. The National Visa Center will send the beneficiary any additional forms and information that may be required.

16. I moved. How do I give the National Visa Center my new address?

Write to The National Visa Center, 32 Rochester Avenue, Portsmouth NH 03801-2909, or fax your new address to 603-334-0759. Be sure to include your case number or your USCIS receipt number.

17. I have been waiting for a very long time for my relative to get an immigrant visa. Now there is a family emergency and I need my relative to immigrate soon to the U.S. Can the National Visa Center help me?

Unfortunately, if your relative's case is not current, there is nothing that the National Visa Center can do to expedite visa processing. Immigrant visa processing is governed strictly by law, which controls visa categories, priority dates and the availability of visa numbers. Immigrant visa numbers are made available only in the order of priority dates. There is no provision within the law that would allow the National Visa Center to waive these requirements in any individual case.

18. Can a U.S. citizen or legal permanent resident file a petition at any Foreign Service post for the immigration of a relative?

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 USCIS office; if the petitioner resides abroad, the petitioner must file at the U.S. embassy or consulate that has jurisdiction.

19. What Foreign Service post handles approved immigrant visa petitions for persons who last resided in a country where there is no American consular representation?

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. You may contact the National Visa Center by writing to: The National Visa Center; 32 Rochester Avenue; Portsmouth, New Hampshire 03801-2909. For additional assistance, contact the State Department's Visa Office at 202-663-1225.

20. How do I obtain a police certificate?

Each country has its own requirements for obtaining police certificates or clearances. Specific information is available from the U.S. consulate processing your case.

21. What fees are involved in obtaining an immigrant visa?

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 other fees to obtain required documents, for certifying or notarizing documents, and for the medical examination. You 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.

22. How long is an immigrant visa valid? What if I must delay my arrival in the U.S.?

The consul may issue an immigrant visa with a maximum validity of six months. If you must delay travel to the U.S. beyond six months, you should contact the U.S. consulate and arrange to have the interview scheduled closer to your possible departure. If an immigrant visa has already been issued and circumstances force you to remain abroad longer, you should contact the U.S. consulate and request an extension of your immigrant visa's validity. If the validity of your immigrant visa expires, a new one may be issued upon payment of the application and issuance fees (U.S. $260).

23. I lost my "green card." What should I do?

If you are inside the U.S., file Form I-90 with your local USCIS office. Detailed instructions are on the form. If you are outside the U.S., contact your nearest U.S. Consulate, USCIS office, or port of entry.

24. If I become a dual citizen will it affect my U.S.citizenship?

A person who is automatically granted another citizenship does not risk losing U.S. citizenship. However, a person who acquires a foreign citizenship by applying for it may lose U.S. citizenship. In order to lose U.S. citizenship, the law requires that the person must apply for the foreign citizenship voluntarily, by free choice, and with the intention to give up U.S. citizenship. The U.S. Government does not encourage dual nationality because of the problems it may cause. Claims of other countries upon dual-national U.S. citizens can place them in situations where their obligations to one country are in conflict with the laws of the other. In addition, their dual nationality may hamper U.S. efforts to provide protection to its citizens when they are abroad, especially in the country of their other nationality. For more information, see Dual Nationality, or the Citizenship and Nationality area of the State Department's website for American citizens abroad. For advice on your specific situation, call the Office of Overseas Citizens Services at 202-647-5226.

25. Do I Need a Work Permit to Work in the U.S.?

U.S. employers must check to make sure all employees, regardless of citizenship or national origin, are allowed to work in the United States. If you are not a citizen or a lawful permanent resident (immigrant), you may need to apply for a work permit, formally called an "Employment Authorization Document" (EAD), to prove you may work in the United States. For more information, see Obtaining a Work Permit.

26. How Long Can I Remain Outside the U.S. without Losing My Immigrant Status?

If you are a lawful permanent resident (or conditional permanent resident) and will be outside of the U.S. for more than a year, you will need to make special preparations for your re-entry, before you leave the U.S. See Returning Resident Aliens. If you have applied to adjust to permanent resident status, you should be careful of any trip outside the U.S. - see Have a Pending Immigration Application? Beware of Foreign Travel.


Children

27. What should I do if my baby is born abroad?

A baby born abroad to U.S. citizen parent(s) should be reported as soon as possible to the nearest U.S. embassy or consulate. For details, see Birth Abroad.

28. What documentation is required of a child born outside the U.S. of legal permanent residents?

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. For more information, see Birth Abroad.

29. 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?

The child must have an immigrant visa to enter the U.S. See Bringing My Children to Live in the U.S.

30. I was born abroad to U.S. parent(s).  How do I get proof of my birth and citizenship?

If you were born in a foreign country to a U.S. citizen parent or parents, and your parent registered your birth at a U.S. embassy or consulate, you should request a copy of the Consular Report of Birth. See Birth Abroad for instructions and mailing information.

31. What if my U.S. parent(s) did not register my foreign birth at a U.S. Embassy or Consulate?

If you were born in a foreign country to a U.S. citizen parent or parents and your parent did not register your birth in the form of a Consular Report of Birth FS-240, you may apply to a U.S. passport agency for a U.S. passport (proof of citizenship), or, alternatively, to USCIS for a Certificate of Citizenship to document your U.S. citizenship. See Birth Abroad for more details.

Fiancés

    32. What is necessary for me to enter the U.S. to marry a U.S. citizen?

    The U.S. citizen must file a fiancee petition, Form I-129F, with the local U.S. Citizenship and Immigration Services (USCIS). The USCIS will forward the approved petition to a U.S. embassy or consulate abroad. The post will then contact you with information and eventually schedule an interview for a fiancee visa. You have 90 days from entry into the U.S. in which to marry the U.S. citizen, and you must leave within this time if you do not apply to become a permanent resident. See Bringing My Fiancee to Marry in the U.S. for important details.

    33. Will my fiancee visa automatically change to a permanent resident card (green card)?

No. After the marriage takes place, your U.S. citizen spouse must contact U.S. Citizenship and Immigration Services to change your status to legal permanent resident. This information is given to you when you enter the U.S. For more information, see Bringing My Fiancee to Marry in the U.S.

The information provided in this website is not legal advice and should not be interpreted as legal advice. This website is intended to provide a basic understanding of this information in summary form. This information may not be comprehensive, is subject to change, and may not apply to all individual circumstances. Any information received here should be confirmed with the appropriate government agencies or with an attorney, particularly as it relates to your individual circumstances. Your use of this website indicates your agreement to be bound by our Terms of Use.


 
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