Immigration

1. Temporary Visitors
2. Immigrants & Green Cards
3. Citizenship

I. Temporary Visitors

International travelers come to the U.S. for a wide variety o(citizens of other countries), coming to the U.S. temporarily. The visa, placed in your passport when issued, allows you to travel to a U.S. port-of-entry (airport, for example) and request permission of the Department of Homeland Security(DHS), Customs and Border Protection immigration officer to enter the U.S. A visa does not guarantee entry into the U.S.

*What the abbreviations (above) mean:

Before applying for a visa at a U.S. Embassy abroad the following is required:

• DOL - The U.S. employer must obtain foreign labor certification from the U.S. Department of Labor, prior to filing a petition with USCIS.
• USCIS - DHS, United States Citizenship and Immigration Services (USCIS) must approve a Form I-129 petition, filed by the U.S. employer. ** A T-1 applicant must have USCIS approval of a Form I-914 application before a family member can apply for a visa.
• SEVIS - Program approval entered in the Student and Exchange Visitor Information System(SEVIS)
• (NA) - Not Applicable - Means that additional approval by other government agencies is not required prior to applying for a visa at the U.S. Embassy abroad.

Back to the top

II. Immigrants & Green Cards

1. Immediate Relative and Family Sponsored
   1. Family Immigration
   2. Marriage to a Foreign National
   3. Adopting a Child
2. Employer Sponsored
   1. Employment First Preference (E1): Priority Workers
   2. Employment Second Preference (E2): Professionals Holding Advanced Degrees and Persons of Exceptional Ability
   3. Employment Third Preference (E3): Skilled Workers, Professionals, and Unskilled Workers (Other Workers)
   4. Employment Fourth Preference (E4): Certain Special Immigrants
   5. Special Immigrants
   6. Diversity Visa Program

Immigrating to the United States to live here permanently is an important and complex decision. In this section, you will learn about who may immigrate to the United States, the different types of immigrant visas, the required forms, and the steps in the immigrant visa process.

In general, to be eligible to apply for an immigrant visa, a foreign citizen must be sponsored by a U.S. citizen relative(s), U.S. lawful permanent resident, or by a prospective employer, and be the beneficiary of an approved petition filed with U.S. Citizenship and Immigration Services (USCIS).

These are three major immigrant categories, which are:

1. Immediate Relative and Family Sponsored

   1. Family Immigration

      Immediate Relative Immigrant Visas (Unlimited):

      These visa types are based on a close family relationship with a United States (U.S.) citizen described as an Immediate Relative (IR). The number of immigrants in these categories is not limited each fiscal year. Immediate relative visa types include:

      • IR-1: Spouse of a U.S. Citizen
      • IR-2: Unmarried Child Under 21 Years of Age of a U.S. Citizen
      • IR-3: Orphan adopted abroad by a U.S. Citizen
      • IR-4: Orphan to be adopted in the U.S. by a U.S. citizen
      • IR-5: Parent of a U.S. Citizen who is at least 21 years old

      Family Preference Immigrant Visas (Limited):

      These visa types are for specific, more distant, family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident (LPR). There are fiscal year numerical limitations on family preference immigrants, shown at the end of each category. The family preference categories are:

      • Family First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their minor children, if any. (23,400)
      • Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (age 21 and over) of LPRs. At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder is allocated to unmarried sons and daughters. (114,200)
      • Family Third Preference (F3): Married sons and daughters of U.S. citizens, and their spouses and minor children. (23,400)
      • Family Fourth Preference (F4): Brothers and sisters of U.S. citizens, and their spouses and minor children, provided the U.S. citizens are at least 21 years of age. (65,000)

      Note: Grandparents, aunts, uncles, in-laws, and cousins cannot sponsor a relative for immigration.

   Back to Immigrants & Green Cards menu

   2. Marriage to a Foreign National

      Spouse or Fiancé(e) of U.S. Citizen

      Spouse:

      If you are an American citizen you have two ways to bring your foreign spouse (husband or wife) to the United States to live. They are:

      • Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1) - An immigrant Petition for Alien Relative, Form I-130 is required.
      • Non-immigrant visa for spouse (K-3) - It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the country where the marriage took place. After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case. Two petitions are required:

        Petition for Alien Relative, Form 1-130;

        and Petition for Alien Fiancé(e), Form I-129F

      Fiancé(e)

      If you are an American citizen, you may bring your fiancé(e) to the United States to marry and live here.

      Nonimmigrant visa for fiancé(e) (K-1)- To travel to the United States for marriage. An I-129F fiancé(e) petition is required.

      Spouse of Lawful Permanent Resident (LPR) in U.S.

      Important Notice:

      While U.S. immigration law still includes a provision for the V visa category for qualified spouses and children (under age 21) of U.S. lawful permanent residents (LPRs), we do not foresee that any V visas will be issued, since potential applicants will not meet the criteria explained below.

      Overview

      The Legal Immigration Family Equity Act (LIFE Act), enacted on December 21, 2000, created a nonimmigrant visa category, the V visa, with specific provisions for certain spouses and children of U.S. lawful permanent residents (LPRs). The purpose of the LIFE Act was to reunite families who had been or could be separated for long periods during the process of immigrating to the United States. V visas, therefore, allowed these family members to be in the United States with their LPR spouses and parents while waiting to complete the immigration process.

      Qualifying for a V Visa

      To qualify for a V visa, a spouse or child (under age 21) of a U.S. lawful permanent resident (LPR) must meet all of the following criteria:

      • The U.S. LPR spouse and/or parent MUST have filed
      • Form I-130, Petition for Alien Relative, with the U.S.
      • Citizenship and Immigration Services (USCIS) on behalf of his or her spouse/child(ren) on or before December 21, 2000;
      • The petition's priority date must be at least three years old;
      • The priority date must not be current;
      • The applicant must not have already had an immigrant visa interview or be scheduled for an interview;
      • The petition must not already be at a U.S. embassy or consulate for immigrant visa processing; and
      • The applicant must be otherwise eligible as an immigrant.

   Back to Immigrants & Green Cards menu

   3. Adopting a Child

   Back to Immigrants & Green Cards menu

2. Employer Sponsored

   1. Employment First Preference (E1): Priority Workers

      A First Preference applicant must be the beneficiary of an approved Immigrant Petition for Foreign Worker, Form I-140, filed with USCIS. Labor certification is not required for any of the Priority Worker subgroups. Priority Workers receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas. There are three sub-groups within this category:

      1. Persons with extraordinary ability in the sciences, arts, education, business, or athletics. Applicants in this category must have extensive documentation showing sustained national or international acclaim and recognition in their fields of expertise. Such applicants do not have to have specific job offers, so long as they are entering the U.S. to continue work in the fields in which they have extraordinary ability. Such applicants can file their own Immigrant Petitions for Alien Worker, Form I-140, with the USCIS.
      2. Outstanding professors and researchers with at least three years experience in teaching or research, who are recognized internationally. Applicants in this category must be coming to the U.S. to pursue tenure, tenure track teaching, or a comparable research position at a university or other institution of higher education. The prospective employer must provide a job offer and file an Immigrant Petition for Alien Worker, Form I-140, with the USCIS.
      3. Multinational managers or executives who have been employed for at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer. The applicant's employment outside of the U.S. must have been in a managerial or executive capacity, and the applicant must be coming to work in a managerial or executive capacity. The prospective employer must provide a job offer and file an Immigrant Petition for Alien Worker, Form I-140, with the USCIS.

   Back to Immigrants & Green Cards menu

   2. Employment Second Preference (E2): Professionals Holding Advanced Degrees and Persons of Exceptional Ability

      A Second Preference applicant must generally have a labor certification approved by the Department of Labor. A job offer is required and the U.S. employer must file an Immigrant Petition for Alien Worker, Form I-140, on behalf of the applicant. Applicants may apply for an exemption, known as a National Interest Waiver, from the job offer and labor certification if the exemption would be in the national interest, in which case the applicant may file the Immigrant Petition for Alien Worker, Form I-140, along with evidence of the national interest. Professionals Holding Advanced Degrees and Persons of Exceptional Ability receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas, plus any unused visas from the Employment First Preference category.

      There are two subgroups within this category:

      1. Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession.
      2. Persons with exceptional ability in the sciences, arts, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.

   Back to Immigrants & Green Cards menu

   3. Employment Third Preference (E3): Skilled Workers, Professionals, and Unskilled Workers (Other Workers)

      A Third Preference applicant must have an approved Immigrant Petition for Alien Worker, Form I-140, filed by the prospective employer. All such workers generally require labor certification approved by the Department of Labor. Skilled Workers, Professionals, and Unskilled Workers (Other Workers) receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas, plus any unused visas from the Employment First Preference and Second Preference categories.

      There are three subgroups within this category:

      1. Skilled workers are persons whose jobs require a minimum of 2 years training or work experience that are not temporary or seasonal.
      2. Professionals are members of the professions whose jobs require at least a baccalaureate degree from a U.S. university or college or its foreign equivalent degree.
      3. Unskilled workers(Other workers) are persons capable of filling positions that require less than two years training or experience that are not temporary or seasonal.

   Back to Immigrants & Green Cards menu

   4. Employment Fourth Preference (E4): Certain Special Immigrants

      A Fourth Preference applicant must be the beneficiary of an approved Petition for Amerasian, Widow(er), or Special Immigrant, Form I-360, with the exception of Certain Employees or Former Employees of the U.S. Government Abroad (see number 3 below). Labor certification is not required for any of the Certain Special Immigrants subgroups. Special Immigrants receive 7.1 percent of the yearly worldwide limit of employment-based immigrant visas.

      There are many subgroups within this category:

      1. Broadcasters in the U.S. employed by the International Broadcasting Bureau of the Broadcasting Board of Governors or a grantee of such organization
      2. Ministers of Religion
      3. Certain Employees or Former Employees of the U.S. Government Abroad - Must use Form DS-1884, Petition To Classify Special Immigrant Under INA 203(b)(4) As An Employee Or Former Employee of the U.S. Government Abroad
      4. Certain Former Employees of the Panama Canal Company or Canal Zone Government
      5. Certain Former Employees of the U.S. Government in the Panama Canal Zone
      6. Certain Former Employees of the Panama Canal Company or Canal Zone Government on April 1st, 1979
      7. Iraqi and Afghan interpreters/translators who have worked directly with the United States armed forces or under Chief of Mission authority as a translator/interpreter for a period of at least 12 months and meet requirements. This classification has an annual numeric limitation of 50 visas. See Special Immigrant Visas for Iraqi and Afghan Translators/Interpreters - Frequently Asked Questions for more information.
      8. Iraqi and Afghan nationals who have provided faithful and valuable service while employed by or on behalf of the U.S. government in Iraq for not less than one year after March 20th, 2003 or in Afghanistan for not less than one year after October 7th, 2001, and have experienced an ongoing serious threat as a consequence of that employment. The provision in U.S. law for Iraqi nationals created 5,000 special immigrant visas each fiscal year (FY) for 5 years, from FY2008 through FY2012. The provision in U.S. law for Afghan nationals created 1,500 special immigrant visas each fiscal year for 5 years from FY2009 through FY2013. See Special Immigrant Visas for Iraqis - Worked for/on behalf of the U.S. Government and Afghans - Worked for/on behalf of the U.S. Government for more information.
      9. Certain Foreign Medical Graduates (Adjustments Only)
      10. Certain Retired International Organization Employees
      11. Certain Unmarried Sons and Daughters of International Organization Employees
      12. Certain Surviving Spouses of deceased International Organization Employees
      13. Juvenile Court Dependents (no family member derivatives; Adjustments Only)
      14. Persons Recruited Outside of the United States Who Have Served or are Enlisted to Serve in the U.S. Armed Forces
      15. Certain retired NATO-6 civilians
      16. Certain Unmarried Sons and Daughters of NATO-6 civilians
      17. Certain Surviving Spouses of deceased NATO-6 civilian employees
      18. Persons who are beneficiaries of petitions or labor certification applications filed prior to September 11th, 2001, if the petition or application was rendered void due to a terrorist act on September 11th, 2001
      19. Certain Religious Workers

   Back to Immigrants & Green Cards menu

   5. Employment Fifth Preference (E5): Immigrant Investors

      A Fifth Preference applicant must file an Immigrant Petition by Alien Entrepreneur, Form I-526, with US

   Back to Immigrants & Green Cards menu

   6. Special Immigrants
      • Employment: Iraqi or Afghan Translators/Interpreters
      • Employment: Iraqis - Worked for/on behalf of U.S. Government
      • Employment: Afghans - Worked for/on behalf of U.S. Government
      • Employment: Religious Workers

   Back to Immigrants & Green Cards menu

   7. Diversity Visa Program

      Visas provided are drawn from countries with low rates of immigration to the U.S. Unlike other immigrant types, Diversity Visas (DV) do not require a U.S. sponsor, and therefore a petition is not needed.

   Back to Immigrants & Green Cards menu

III. Citizenship

You May Qualify for Naturalization If:

1. You have been a permanent resident for at least 5 years and meet all other eligibility requirements.

   If you are a green card holder of at least 5 years, you must meet the following requirements in order to apply for naturalization:

   • Be 18 or older
   • Be a green card holder for at least 5 years immediately preceding the date of filing the Form N-400, Application for Naturalization
   • Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of filing the application
   • Have continuous residence in the United States as a green card holder for at least 5 years immediately preceding the date of the filing the application
   • Be physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing the application
   • Reside continuously within the United States from the date of application for naturalization up to the time of naturalization
   • Be able to read, write, and speak English and have knowledge and an understanding of U.S. history and government (civics).
   • Be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during all relevant periods under the law
2. You have been a permanent resident for 3 years or more and meet all eligibility requirements to file as a spouse of a U.S. citizen.
   • Be 18 or older
   • Be a permanent resident (green card holder) for at least 3 years immediately preceding the date of filing Form N-400, Application for Naturalization
   • Have been living in marital union with the U.S. citizen spouse, who has been a U.S. citizen during all of such period, during the 3 years immediately preceding the date of filing the application and up until examination on the application
   • Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of filing the application
   • Have continuous residence in the United States as a lawful permanent resident for at least 3 years immediately preceding the date of filing the application
   • Reside continuously within the United States from the date of application for naturalization until the time of naturalization
   • Be physically present in the United States for at least 18 months out of the 3 years immediately preceding the date of filing the application
   • Be able to read, write, and speak English and have knowledge and an understanding of U.S. history and government (also know as civics)
   • Be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during all relevant periods under the law

Back to the top

3. You have qualifying service in the U.S. armed forces and meet all other eligibility requirements.

Back to the top

4. Your child may qualify for naturalization if you are a U.S. citizen, the child was born outside the U.S., the child is currently residing outside the U.S., and all other eligibility requirements are met.

Back to the top