IMMIGRANT VISA APPLICATION PROCESS

In order to receive immigrant visa, usually the relative or employer must file on behalf of a person. However, certain individuals suc priority workers, investors, certain special immigrants, and diversity immigrants can file petitions or applications on his or her behalf. The application for an immigrant visa is generally made abroad. Every alien is required to personally appear before a consular officer. This requirement may be waived only for the child under 14.

The consular office may require the alien applicant to produce documents such as police certificates, prison records, military records, birth certificates, marriage licenses or any other documents. Certain applicants are inadmissible to the US. Grounds for inadmissibility include: drug crimes, prostitution, terrorist activities, etc.

When consular office approves the petition for immigrant visa, it grants an alien immediate relative preference status.

Immigrant visa is good for 6 months. There are two exceptions:

1) Generally, in order to receive visa, the alien's passport must be valid at least for 2 months beyoind the expiration of immigrant visa. If immigrant's passport is valid for less than 8 months, the immigrant visa will be issued for less than 6 months.

2) The child according to immigration law if one who is unmarried and under 21. Immigrant visa will be issued for less than 6 months if the child turning 21 during the following 6 months.

Even when an individual has immigrant visa issued to him, the admission to the US still can be denied if individual committed a crime, or if an individual is seeks admission as a spouse, but subsequent to visa issuance and prior to admission the marriage ended in divorce or dissolution.

                                                           
VISA ALLOCATION

There are five groups of aliens who can immigrate to the U.S.
1) Immediate relatives;
2) Family Sponsored Immigrants;
3) Special Immigrants
3) Employment Based Immigrants;
4) Diversity and Miscellaneous Immigrants.

Immediate relatives are not subject to numerical quotas. For all other categories there is a waiting time based on Priority date. Only when visa is current for particular categry for given priority date, the person is eligible to apply and  receive immigrant visa. The information about priority dates are available online:

http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html