Besides an overview of U.S. Immigration Visas and a Step-by-Step Guide to U.S. Immigration Visa Interviews, Thinksmart Insurance has compiled 17 questions related to U.S. immigration visas below. We hope this guide will help make your relocation to the world’s leading economy smooth and successful.
1. Can I change from a non-immigrant visa to an immigrant visa in the U.S.?
Yes, you can change from a non-immigrant visa (such as a student, tourist, or temporary work visa) to a U.S. immigrant visa. Still, this process is often complex and requires you to meet specific conditions of the immigrant visa category you wish to switch to. Common ways to change status include:
- Through Family Sponsorship: If you have a relative who is a U.S. citizen or permanent resident, they can sponsor you for an immigrant visa.
- Through Employment: You may apply for employment-based immigrant visas such as EB-1, EB-2, or EB-3 if you have the required skills, education, and experience.
- Through Investment: The EB-5 visa allows you to make a substantial investment in the U.S. and create jobs, potentially qualifying you for permanent residency.
- Through Special Immigration Programs: Such as asylum or other specific worker programs like the Diversity Visa.
To successfully change status, you must comply with U.S. Citizenship and Immigration Services (USCIS) regulations, including not violating the conditions of your current non-immigrant visa and submitting all required documentation.
2. How long is a U.S. immigrant visa valid, and can it be renewed?
Once your U.S. immigrant visa is issued and you enter the U.S., you will become a permanent resident and receive a Green Card. The validity of the immigrant visa depends on the type of Green Card you receive:
- Conditional Green Card: Typically valid for 2 years, applicable to those married for less than 2 years to a U.S. citizen or initial EB-5 investors. You must apply to remove conditions within 90 days before the card expires to become a full permanent resident with a 10-year Green Card.
- Regular Green Card: Valid for 10 years and can be renewed indefinitely without limits on the number of renewals. Renewal usually involves submitting an application and paying the renewal fee without a re-interview.
Additionally, after living in the U.S. with a Green Card for the required time (usually 5 years, or 3 years if married to a U.S. citizen), you can apply for U.S. citizenship. Once you become a U.S. citizen, you no longer need to renew your Green Card.
3. How much does it cost to apply for a U.S. immigrant visa?
The cost of applying for a U.S. immigrant visa depends on the visa type and sponsorship category:
- Family Sponsorship: The fee for filing Form I-130 is $535. The visa processing fee at the National Visa Center (NVC) is $325, and the financial sponsorship fee (I-864) is $120.
- Employment-Based (EB-1, EB-2, EB-3): The fee for filing Form I-140 is $700. The fee for the adjustment of status application (I-485) is $1,225 for individuals aged 14 and over and $750 for children under 14 who apply with a parent.
- Investment-Based EB-5: Total costs include an investment of at least $800,000 to $1,050,000, the Form I-526 filing fee of $3,675, and other expenses that can amount to tens of thousands of USD.
4. How long does it take to process different types of U.S. immigrant visas?
Processing times for U.S. immigrant visas vary based on the visa type and your case status. Here are some common examples:
- Family-Sponsored Visas:
- IR (Immediate Relative) Visas: Typically faster, ranging from 6 months to 1 year since they are not subject to annual caps.
- F (Family Preference) Visas: This may take several years to over a decade, depending on the type of sponsorship and backlog.
- Employment-Based Immigrant Visas:
- EB-1 Visas: Generally processed faster, from 6 months to 1 year if not backlogged.
- EB-2 and EB-3 Visas: This may take 1 to several years, depending on the processing time and U.S. Department of Labor procedures.
- EB-5 Investment Visas: Processing can take from 1.5 to 2 years or longer due to stringent financial and employment checks.
- Diversity Visa (Lottery Visa): Processing times can vary but usually conclude by the end of the U.S. fiscal year after issuance.
Specific processing times also depend on the volume of cases received at USCIS, case complexity, and other factors like changes in immigration policies.
5. How does a U.S. immigrant visa differ from a U.S. tourist visa?
Here are the main differences between a U.S. immigrant visa and a U.S. tourist visa:
- Immigrant Visa: Issued to individuals intending to live in the U.S. permanently. They receive a Green Card, allowing them to work and enjoy the rights of permanent residents.
- Tourist Visa (B1/B2): Only allows short-term stays (usually up to 6 months), with no work rights or long-term residency privileges.
6. Is it easy to get a U.S. immigrant visa through marriage?
The IR1/CR1 spousal immigrant visa is generally easier to obtain than other categories because it prioritizes family unity. However, applicants must prove a bona fide relationship through documents, photos, and interviews. Approval rates are typically high if the relationship is legitimate and well-documented.
7. How long does it take to process a U.S. immigrant visa application?
Processing time for a U.S. immigrant visa application depends on various factors such as visa type, sponsorship category, the volume of pending cases at relevant agencies, and the applicant’s home country. Below are the average processing times for some U.S. immigrant visa categories:
- Family-Sponsored Immigrant Visas:
- IR1/CR1 (Spouse of U.S. Citizen): Approximately 12-18 months.
- IR2/CR2 (Child under 21 of U.S. Citizen): Approximately 12-18 months.
- F1 (Unmarried Child of U.S. Citizen): Can take 7-8 years.
- F2A (Spouse and unmarried children under 21 of Permanent Resident): About 2-3 years.
- F2B (Unmarried Adult Child of Permanent Resident): Can take 5-6 years.
- F3 (Married Child of U.S. Citizen): Can take 12-14 years.
- F4 (Sibling of U.S. Citizen): Can take 14-20 years.
- Employment-Based Immigrant Visas:
- EB-1 (Individuals with Extraordinary Ability, Outstanding Professors, Multinational Managers): Approximately 6-8 months.
- EB-2 (Advanced Degree Holders or Persons with Exceptional Ability): Around 12-24 months, depending on the applicant’s country.
- EB-3 (Skilled Workers, Professionals, and Other Workers): About 1-2 years for labor certification and an additional 1-2 years for visa processing.
- EB-5 (Investment): Approximately 18-24 months but can be longer if backlogged.
- Investment-Based Immigrant Visas (EB-5):
- Processing Form I-526 (Immigrant Petition by Alien Investor): About 24-36 months.
- After Form I-526 approval: It may take another 6-12 months for interviews and remaining procedures.
- Same-Sex Marriage Immigrant Visas (Also IR1/CR1):
- Similar to U.S. citizen spousal visas: Approximately 12-18 months.
8. How long after the interview will I receive my U.S. immigrant visa?
After the U.S. immigrant visa interview, it usually takes about 7 to 10 business days to receive your visa, though this can vary depending on several factors:
- If your application is approved at the interview: You will receive your passport with the visa within approximately 7-10 business days via mail or courier service.
- If additional administrative processing is required: Processing time may extend from several weeks to months, depending on the case complexity and additional security checks.
You can check your visa status on the CEAC website: https://ceac.state.gov/CEACStatTracker/Status.aspx by entering your Case Number or DS-160 barcode.
9. What are the steps to apply for a U.S. immigrant visa under the special skills category?
To apply for a U.S. immigrant visa under the special skills category, typically follow these four steps:
- Step 1: The employer files for labor certification (PERM).
- Step 2: After approval, file Form I-140 (Petition for Immigrant Worker).
- Step 3: Wait for the priority date and then file Form I-485 (if in the U.S.) or attend the interview at a U.S. Consulate.
- Step 4: Receive the visa and enter the U.S.
10. What is the F4 Family-Based Immigrant Visa, and what is the process?
The F4 visa is for siblings of U.S. citizens. The process includes:
- Step 1: The U.S. citizen submits Form I-130.
- Step 2: Wait for processing, which typically takes 14-20 years depending on the country.
- Step 3: Complete the case at the National Visa Center (NVC), pay fees, and prepare for the interview at the U.S. Consulate.
- Step 4: After the interview, the visa is issued, and the sponsored person can enter the U.S.
11. How to check the status of a U.S. immigrant visa application?
To check the status of a U.S. immigrant visa application, you can follow these 5 methods:
- Check on the USCIS website (U.S. Citizenship and Immigration Services):
- Visit the USCIS website: USCIS Case Status.
- Enter your receipt number: This is a 13-character number (e.g., WAC1234567890) sent to you by mail or email when your application is received and processed. You don’t need to include hyphens (-) when entering this number.
- Click “Check Status”: After entering the number, click the “Check Status” button to see your current case status.
- Check on the NVC (National Visa Center) website:
- Visit the NVC website: CEAC Status Check.
- Select “Immigrant Visa (IV)” to check the status of your immigrant visa application.
- Enter your Case Number: This is the case number provided by the NVC, usually starting with letters like EAC, WAC, LIN, SRC, or in the format HCM (e.g., HCM2023123456).
- Enter the Captcha Code: After entering the case number, you’ll need to enter the verification code displayed on the screen.
- Click “Submit” to see the result: Your case status will be displayed in detail, including the steps completed and the next steps.
- Contact NVC or the U.S. Embassy/Consulate directly:
- Send an email to NVC: You can email NVC at NVCInquire@state.gov with details about your case such as the Case Number, full name, date of birth, and contact information.
- Contact the U.S. Embassy/Consulate: If your case has moved to the U.S. Embassy or Consulate, you can check the status through the website of the Embassy/Consulate where your case is being processed or contact them directly via phone or email.
- Use the USCIS mobile app:
- USCIS Case Status app: Available on Google Play or Apple App Store, this app helps you track your case status anytime.
- Call USCIS or NVC:
- Call USCIS: The USCIS helpline is 1-800-375-5283. Have your receipt number and personal information ready when calling.
- Call NVC: The NVC helpline is 1-603-334-0700 (Monday to Friday, from 7:00 AM to 12:00 PM EST).
These methods help you track your application progress and be aware of any additional requirements from the processing agency, ensuring a smoother visa application process.
12. Can an H1B Visa be converted to a Green Card?
An H1B visa can be converted to a Green Card through the process of submitting Form I-140 (immigrant petition for alien workers) and Form I-485 (adjustment of status). This process typically takes between 6 months to 2 years, depending on USCIS processing speed and case backlog.
13. What are the financial requirements for applying for a U.S. immigrant visa?
Financial requirements for applying for a U.S. immigrant visa depend on the type of visa and the sponsorship category. Here are common financial requirements for various U.S. immigrant visa categories:
- Family-Based Sponsorship:
- The sponsor must demonstrate sufficient financial ability to support the sponsored immigrant, using Form I-864 (Affidavit of Support).
- Minimum Income: The sponsor’s income must be at least 125% of the Federal Poverty Guidelines. In 2024, the minimum requirement is about $24,850 per year for a family of four.
- Additional Assets: If the income is insufficient, the sponsor can use additional assets such as real estate, savings, or investments to meet financial requirements. The total asset value must be 3-5 times the income shortfall.
- Investment Visa (EB-5):
- Minimum Investment Amount: $800,000 if investing in a Targeted Employment Area (TEA) or $1,050,000 for other areas.
- Prove Legal Source of Funds: The investor must provide evidence of the legal source of funds, which may include personal income, inheritance, investment from assets, or gifts.
- Job Creation: Must create at least 10 full-time jobs for U.S. citizens, permanent residents, or authorized workers within two years of the investment.
- Employment-Based Visa (EB-2, EB-3):
- No specific financial requirements for the worker. However, the U.S. employer must prove the ability to pay the wage stated in the labor certification (PERM).
- Spouse and Children Under 21 (IR1/CR1, IR2):
- The sponsor must prove financial capability similar to family sponsorship, with a minimum income of 125% of the Federal Poverty Guidelines.
- If the sponsor does not meet financial requirements, a joint sponsor can be used to fulfill this requirement.
- Additional Financial Requirements:
- Health Insurance: Depending on the visa type and consular requirements, immigrants may need to prove they will have health insurance in the U.S. or have the financial ability to pay for medical expenses.
- Visa Fees: Includes application fees, processing fees, and service fees at the NVC or U.S. Embassy/Consulate.
These financial requirements are designed to ensure that immigrants to the U.S. will not become a public charge. Failure to meet financial requirements may result in visa denial.
14. Are U.S. immigrant visas for children and dependents different?
Children and dependents can apply for visas accompanying the primary sponsor (IR2 for children of U.S. citizens, F2A for children of permanent residents). The processing and financial requirements are similar but may require additional documents to prove the relationship.
15. How to renew a U.S. immigrant visa?
Typically, there is no need to renew an immigrant visa because after entering the U.S., you will receive a Green Card. The Green Card needs to be renewed every 10 years using Form I-90 (fee $540). If it is a Conditional Green Card (2 years), you need to file Form I-751 to remove conditions, with a fee of $680.
16. Is there a U.S. immigrant visa category for students?
Student visas (F1, M1) are not immigrant visas, but students can apply to change to a work visa (H1B) and then to an immigrant visa (such as EB-2, EB-3) if they meet the employment and skill requirements.
17. Is there a difference in U.S. immigrant visas for same-sex marriages?
There is no difference in the process and requirements for same-sex marriages compared to opposite-sex marriages. U.S. law recognizes same-sex marriage, so the review process and relationship-proof requirements are the same.
The above are 17 questions related to U.S. immigrant visas. If you have any questions, do not hesitate to call Thinksmart Insurance at the hotline (678) 722 3447, or message via Messenger and leave your questions at email Support@Thinksmartinsurance.com.
