Family Immigration

A foreign citizen seeking to live permanently in the United States requires an immigrant visa (IV). To be eligible to apply for an IV, a foreign citizen must be sponsored by an immediate relative who is at least 21 years of age and is either a U.S. citizen or U.S. Lawful Permanent Resident (that is, a green-card holder).

There are two types of family-based immigrant visas:
Immediate Relative – these visas are based on a close family relationship with a U.S. citizen, such as a spouse, child or parent. The
number of immigrants in these categories is not limited each fiscal year.
Family Preference – these visas are for specific, more distant, family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident (LPR). The number of immigrants in these categories is limited each fiscal year.

Keep in mind that U.S. citizens can file an immigrant visa petition for their:
• Spouse
• Son or daughter
• Parent
• Brother or sister

THE UNITED STATES OF AMERICA

Step 1: Submit a Petition

U.S. citizens and lawful permanent resident petitioners residing in the United States must file Form I-130, Petition for Alien Relative, with the United States Citizenship and Immigration Services (USCIS). This can be done either electronically or through the traditional paper process through the mail.

Filing Petitions from Inside the United States
U.S. citizens and lawful permanent resident sponsors residing in the United States must file Form I-130, Petition for Alien Relative, with the USCIS Chicago Lockbox facility, following instructions on the USCIS website. U.S. employers must file Form I-140, Petition for Alien Worker, as instructed on the USCIS website.
Filing Petitions from Outside the United States
While most immigrant visa petitions are filed in the United States, filing certain types of petitions outside the United States is possible.
Petition Approval
Your immigrant petition must be approved by USCIS before your case can proceed to the National Visa Center.

Step 2: Begin National Visa Center (NVC) Processing

After USCIS approves your petition, they will transfer your case to the Department of State’s National Visa Center (NVC) for pre-processing. The first step in this processing is the creation of your case in the system. Once this is complete, you will get a Welcome Letter by e-mail or physical mail. With the information in this letter, you can log in to our Consular Electronic Application Center (CEAC) to check your status, receive messages, and manage your case.
Once you submit your fees, forms, and supporting documents to NVC, your case will be considered to ensure you provided all the documentation required to schedule the immigrant visa interview. Interviews are based on the availability of appointments offered at the Embassy/Consulate.

Step 3: Pay Fees

The first thing you need to do after receiving your NVC Welcome Letter is pay your processing fees. There are two processing fees:

Immigrant Visa Application Processing Fee
Affidavit of Support Fee.

You will need a bank routing number and a checking or savings account number from a U.S. based bank. To pay your fee, log into your case in CEAC and click the ‘PAY NOW’ button under Affidavit of Support Fee or IV Fee on your summary page.
Please note you cannot pay these two fees simultaneously; the online system will ask you to pay them one at a time. After submitting your payments online, please allow up to 1 week for NVC to process your fees before continuing to the next step. You will not be able to access Form DS-260 until NVC has processed your payments.

Step 4: Complete Affidavit of Support

An Affidavit of Support, also called the Form I-864, is a document an individual signs to accept financial responsibility for the applicant who is coming to live in the United States. The person who signs the Affidavit of Support is also called the “sponsor.” The petitioner must complete Form I-864; however if the petitioner’s income is insufficient, a joint-sponsor may agree to also complete an I-864 on the applicant’s behalf.
An Affidavit of Support is legally enforceable. The sponsor’s financial responsibility usually lasts until the applicant either becomes a U.S. citizen, or can be credited with 40 qualifying quarters of work (usually 10 years) under the Social Security Act.

Step 5: Collect Financial Evidence and other Supporting Documents

After the financial sponsor(s) completes the Affidavit of Support form, they should gather evidence of their finances and other supporting documents.

Step 6: Complete Online Visa Application (DS-260)

After you pay your fees and the status in CEAC is updated to ‘PAID’, you and each qualified family member immigrating with you must complete the Application for Immigrant Visa and Alien Registration (Form DS-260).
Submitting Form DS-260 does not formally execute a visa application. The visa application is not formally made until the visa applicant(s) is interviewed by a U.S. consular officer.
After submitting Form DS-260 online, you must print the confirmation page and bring it to your interview. You can print this from CEAC any time after you complete your DS-260 application.

Step 7: Collect Civil Documents

After you complete your DS-260(s), you and each family member immigrating with you MUST collect the civil documents required to
support your visa application.
Your civil documents MUST be issued by the official issuing authority in your country.
Please note that all documents not written in English, or in the official language of the country from which you are applying, must be
accompanied by certified translations. The translation must include a statement signed by the translator stating that:

The translation is accurate, and
The translator is competent to translate.

Documentation of Adoption

If an intending immigrant child was adopted and if the child’s application to immigrate is based upon a parent-child relationship, then you must submit the below custody documents. If you are the adoptive parent and/or petitioner, you must provide:

A certified copy of the adoption decree.
The legal custody decree if custody occurred before the adoption.
A statement showing dates and places where the child resided with the adoptive parents.
If the child was adopted when aged 16 or 17 years old, you must submit evidence that the child was adopted with, or subsequent to, the adoption of a natural sibling under age 16 by the same adoptive parent(s).

Birth Certificates

You and each family member immigrating with you must obtain an original birth certificate or certified copy.

Court and Prison Records

If you were convicted of a crime, you MUST obtain a certified copy of each court and prison record, even if you were later granted
amnesty, a pardon, or other act of clemency.

Marriage Certificates

If you are or have been married, you must obtain original marriage certificate/s or certified copies of EVERY marriage.

Marriage Termination Documentation

If you were previously married, you must obtain evidence of the termination of EVERY prior marriage you have had. Your evidence must be an original or certified copy of one of the following documents: FINAL legal divorce decree, death certificate, or annulment papers.

Military Records

if you served in the military of any country, you must obtain a photocopy of your military record.

Petitioner Documents

If you are applying for an IR5 visa as the parent of a U.S. citizen or for an F4 visa as the brother or sister of a U.S. citizen: You must
obtain an original birth certificate for your petitioner, or a certified copy. If you are applying for an IR1, CR1, or F2A visa as the spouse of a U.S. citizen or Lawful Permanent Resident and your petitioning spouse was previously married: You must obtain evidence of the termination of EVERY prior marriage your petitioning spouse has had. This evidence must be an original or certified copy of one of the following documents: FINAL legal divorce decree, death certificate, or annulment papers.

Photocopy of Valid Passport Biographic Data Page

You and each family member immigrating with you must submit a photocopy of the biographic data page of a currently valid passport. The biographic data page is the page with your photograph, name, date, and place of birth.

Police Certificates

If you are 16 years of age or older, you must obtain a photocopy of a police certificate from all countries you have lived in using below criteria:

Note: Present and former residents of the United States do NOT need to submit any U.S. police certificates.
Important: Police certificates expire after two years, unless the certificate was issued from your country of previous residence and you have not returned there since the police certificate was issued.

Step 8: Scan Collected Documents

Once you have collected all the necessary documents, you must scan and save them.

Step 9: Upload and Submit Scanned Documents

IMPORTANT: Do not send any documents to NVC by mail. However, you must bring every civil document you uploaded and submitted with your application to your visa interview.
To submit documents, log into CEAC and go to the “Start Now” buttons located under Affidavit of Support Documents and Civil Documents. When you have uploaded all the required documents for each section, press “Submit Documents”. The “Submit Documents” buttons will not work unless you have uploaded all of the required documents for each person. Once you press “Submit Documents”, your case will be placed in line for review at the National Visa Center (NVC).

Step 10: Prepare for the Interview

After the National Visa Center (NVC) schedules your visa interview appointment, they will send you, your petitioner, and your agent/attorney (if applicable) an email noting the appointment date and time. After you receive an interview Appointment Letter from NVC, you must take the following steps BEFORE the interview date.

Schedule and Complete a Medical Examination – You (and each family member or “derivative applicant” applying for a visa with you) are required to schedule a medical appointment with an authorized physician in the country where you will be interviewed. This exam must be with an embassy-approved doctor, also referred to as the Panel Physician. Exams conducted by other physicians will not be accepted. The exam results can take up to 96 hours. You must complete your medical examination, along with any required vaccinations, before your scheduled visa interview date. After your exam, the Panel Physician will either send the exam results directly to the embassy or give you a sealed envelope. If the doctor gives you an envelope, do not open it. Instead, bring it to your visa interview and give it to the consular officer.
Register for Courier Service/Other Pre-Interview Instructions
Gather Documents Required for the Interview – Every visa applicant, no matter their age, must bring certain documents to the interview, including photographs, and the original or certified copy version of all civil documents submitted to NVC. You do not need to bring your Affidavit of Support or financial evidence you submitted to NVC.

Step 11: Applicant Interview

On the scheduled date and time of your interview appointment, go to the U.S. Embassy or Consulate with your printed visa application (DS-260) confirmation page. A consular officer will interview you (and accompanying family member beneficiaries) and determine whether or not you are eligible to receive an immigrant visa. As part of the interview process, ink-free, digital fingerprint scans will be taken.
Who Must Attend the Interview
You, your spouse, and any qualified unmarried children immigrating with you must participate in the interview. Although all traveling applicants will be noted on the interview Appointment Letter you receive from the National Visa Center (NVC), applicants under the age of 14 are not required to attend the interview. However, if an applicant has turned 14 before the interview, they must appear. If your spouse and/or qualified unmarried children will immigrate at a later date and travel separately from you, they are not required to participate in your interview. They will be scheduled for a separate interview appointment. You should contact the U.S. Embassy or Consulate directly to arrange separate interviews, if needed. Your sponsor/petitioner does not attend the visa interview.

What to bring to the Interview
The applicant is responsible to bring all required original or certified copy civil documents to the visa interview. Failure to bring all required documents to the interview may cause delay or denial of the visa. You must bring the following documents to the interview:

Appointment Letter – The interview appointment letter you received from NVC.
Passport – For each applicant, an unexpired passport valid for six months beyond the intended date of entry into the United States
Photographs – two identical color photograph(s) for each applicant, which must meet the general Photograph Requirements.
DS-260 Confirmation Page
Supporting Documents – original or certified copies of all civil documents you uploaded into CEAC.

Your original documents will be returned to you when the interview has been completed. Any photocopies provided may be kept.

English Translations – If documents requiring English translation were not sent to NVC, you must obtain them and present them on the day of your interview.
Visa Fees – If your visa application fees were collected by NVC, you do not need to pay again. However, if you or any family member did not pay all the necessary fees, you will be asked to pay any unpaid fees at the U.S. Embassy or Consulate.

Step 12: After the Interview

If your visa is approved, you will be informed how and when your passport and visa will be returned to you. Your immigrant visa will be placed on a page in your passport. Please review the printed information right away to make sure there are no errors. If there are any spelling or biographical errors, contact the embassy or consulate immediately. You must pay the USCIS Immigrant Fee to U.S. Citizenship and Immigration Services (USCIS) after you receive your immigrant visa and before you travel to the United States. Only children who enter the United States under the Orphan or Hague adoption programs, Iraqi and Afghan special immigrants, returning residents (SB-1s), and those issued K visas are exempt from this fee.

QAZI LAW CHAMBER