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 is a priority date? 
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? 


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 is a priority date? 
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 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.

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.

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.

Back to U.S.A index...

.