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An immigrant visa is required of anyone who wishes to enter the United States to reside there indefinitely, whether or not that person plans to seek employment in the United States.
CategoriesU.S. immigration law provides for the issuance of immigrant visas in four general categories:
1. immediate relatives,
2. family based,
3. employment based and
4. Diversity Immigrant Visa Program, known as the "green card lottery".
The following immediate relatives of U.S. citizens are eligible to qualify for immigration in the immediate relative category.
There is no numerical limitation on immediate relative visas and therefore no waiting period beyond required processing time.
Note: Grandparents, aunts, uncles, in-laws and cousins cannot sponsor a relative for immigration.
Definition: U.S. immigration law defines a minor child as under 21 years old. A child over 21 is referred to as a son or a daughter.
• Spouse or Minor Child of a U.S. Citizen
An immigrant visa may only be processed for a child if he/she has no claim to U.S. citizenship.
• Parent of a U.S. Citizen
U.S. citizen petitioner must be 21 or over
• Step-parent or step-child of a U.S. Citizen
Step-parent, step-child relationship must occur before the child’s 18th birthday
• Spouse of a deceased U.S. citizen
Petition must be filed within 2 years of the death of the U.S. citizen
• Orphan
Adopted overseas or to be adopted in U.S.
The following relatives of a U.S. citizen or Lawful Permanent Resident are eligible to qualify for immigration in the family based preference category.
Family based preference visas are numerically limited and typically involve a significant waiting period before a visa number is available for immigration.
Note: Married sons or daughters of Lawful Permanent Residents are not eligible for immigration benefits.
Definition: Your priority date is the date your petition was filed.
• Unmarried Son or Daughter of a U.S. citizen
• Spouse or minor child of a Lawful Permanent Resident
• Unmarried Son or Daughter of a Lawful Permanent Resident
• Married Son or Daughter of a U.S. Citizen
• Brother or Sister of a U.S. Citizen
(U.S. citizen must be 21 or over)
Only persons of extraordinary ability under the category of priority worker and investors may petition for themselves. The evidence requirements are stringent.
In all other cases, a specific offer of employment from a U.S. based employer is required to qualify for immigration in the employment based preference categories.
• Priority Workers
Persons of extraordinary ability in the sciences, education, arts, business or athletics: outstanding professors and researchers & certain multinational executives & managers.
• Professionals holding advanced degrees; Persons with exceptional ability in the sciences, arts and business
Professions include but are not limited to: architects, engineers, lawyers, physicians, surgeons, teachers.
U.S. advanced degree or equivalent required, or baccalaureate degree plus at least 5 years of experience in the specialty; also eligible are persons of exceptional ability in the sciences, arts and business.
• Professionals
A person who holds a baccalaureate degree and who is a member of the professions (listed above).
• Skilled Workers
Workers with at least two years training or experience.
• Other Workers
Workers whose skills are in short supply in the U.S.
• Special immigrants
Certain religious workers and ministers of religion , certain international organization employees.
Recommended employees of the U.S. government (minimum 15 years of service) and returning residents.
• Investors
Persons who will create employment for at least ten unrelated persons (already holding Legal Permanent Resident or U.S. citizen status) by investing a minimum of $1,000,000 in a new commercial enterprise in the U.S.
This amount may be adjusted to $500,000 for investment in rural and high unemployment areas.
The Diversity Immigrant Visa Program commonly known as the "Green Card Lottery", makes available each year by random selection 50,000 permanent residence visas to persons from countries that have low rates of immigration to the United States. Eligibility to apply for the program is dertermined by a persons place of birth not citizenship or residence. The list of excluded countries may vary from year to year. Further information
Last updated: June 2005
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