You will see usually 2 methods for getting an immigrant visa, as a means of working and surviving in the US as an “authorized permanent citizen” (also referred to as a green card holder). One is actually through a family-based application, and another through an employment-based application. This post offers a basic overview of the processing of the family-based visa application.

Family-based application: Threshold needs for individual

A family-based application clearly describes an application on an immigrant visa submitted for any family person of the form or petitioner, for instance those submitted for: somebody, mother or father, child, or brother or sister. In order to document this kind of use for an immigrant visa, the visa petitioner should abide by 2 principal needs:

show his / her position as possibly a US resident or perhaps a certified permanent citizen, and

confirm his / her family connection with all of the intending immigrant (known as the “inheritor” of visa application).

Even though threshold necessities for submitting of the immigrant visa use by the US resident relates to folks submitted by the authorized long lasting citizen, you can find significant variations relating to the two. For one, simply an adult US resident may petition for his / her mother and father or siblings, or married children. Additionally, a US resident’s spouse, baby or parent (below 21yrs and also single) are often categorized as her “immediate relative” for which an immigrant visa is normally accessible (supposing these people are normally admissible as mentioned here). This indicates they don’t really need to await a many years which members of the family of authorized permanent citizens typically have to await to their immigrant visa to issue.

Family-based petition: Various other needs (primarily for beneficiary)

Once the petitioner determines through documented proof (for instance, naturalization document, green cards, birth record, and so on.) his Individuals citizenship or authorized long lasting residency plus the required family connection with the intending immigrant, particular other documents should be authorized with the immigrant visa request, commonly known as Form I-130.

These documents — examples are: affidavit of support, police settlement, medical test report — tries showing that the beneficiary of the immigrant visa program fulfills particular lawful features that demonstrate desirability for entrance or “admissibility ” for the US. In the main, admissibility to the U.S. needs evidence that the named beneficiary doesn’t have got characteristics which could disqualify her to have a US. immigrant visa, like (rather than restricted to):

being truly a public charge when within the US – a public fee is one who’s planning to become “mainly dependent upon the US government for subsistence”;
a significant legal convictions;
drug use;
prostitution;
communist connection,
a polygamist,
severe health issues, and also other harmful characteristics.

However all is not missing for an intending immigrant and also require these negative factors. Some of these negative factors may be remedied or “excused” by the U.S. immigration authorities — before called the INS, now called the USCIS — by way of a so-called “waiver.” But because of the complexity of immigration laws and regulations and difficulty of getting a waiver, the help of an immigration lawyer is strongly suggested, if not a must. 東京で就労ビザ申請代行