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Immigrant Visas

Immediate Relative

The following immediate relatives of U.S. citizens are eligible for immigration in the immediate relative category. There is no limit to the number of visas that can be issued in this category.

 

Spouse or Minor Child of a U.S. Citizen

An immigrant visa may only be processed for a child who has no claim to U.S. citizenship. Please refer to the special sections for fiancées or adopted children, if applicable.

Parent of a U.S. Citizen

U.S. citizen must be 21 or over

Step-parent or minor 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

Returning residents

Previous U.S. lawful permanent residents who are returning to the U.S. after a stay of more than one year abroad.

Immigration Process

If you qualify as an immediate family member, the immigrant visa process includes the following steps:

1. File Petition

    The first step in applying for an immigrant visa is for the U.S. citizen (petitioner) to file an immigrant visa petition, Form I-130.

    A separate petition must be filed for each person immigrating.

2. Approved Petition

    If the petition was filed with the USCIS, the approved petition will be forwarded to the National Visa Center (NVC) for additional processing. If the beneficiary resides in Kazakhstan, Kyrgyzstan or Tajikistan, the approved petition will be forwarded to the U.S. Embassy in Almaty for immigrant visa processing, including the interview.

    If the petition was filed with a Consular officer, the approved petition will not be forwarded to the National Visa Center (NVC). It will remain at the U.S. Embassy for further processing.

3. Application for Immigrant Visa and Interview

    Once the U.S. Embassy receives an approved petition, it contacts the applicant with an interview appointment and instructions package, explaining the document requirements for the interview and information about the required medical exam.

    If the documents meet the requirements, a visa will be issued on the NEXT working day. It is possible that applicants will have to spend the entire morning in the office before final action can be taken on the application. Should complications arise, you may have to return to our office another time.

    If a visa is refused, please see Visa Denials.

SPECIAL CASES

Widow/widower

A widow/widower of a U.S. citizen may file an immigrant visa petition, Form I-360, on his/her own behalf in the immediate relative category if he/she had been married to the U.S. citizen for at least two years, was not legally separated at the time of death and has not remarried. To qualify, the petition must be filed with the U.S. Citizenship and Immigration Services (USCIS) within two years of the death of the U.S. citizen.

Previous Lawful Residents

Previous lawful residents may qualify under special provisions in the U.S. law. Please refer the the section on Returning Residents.

Fiancées and Children

NOTE: A petition cannot be filed for a spouse until the marriage ceremony has taken place. If you are planning on traveling to the United States before the marriage ceremony, please refer to the section on Fiancée or K1(K2) visas.

The natural child of a U.S. citizen may have claim to U.S. citizenship. A petition cannot be filed until it has been established that the child is not a U.S. citizen. Please contact the Consular section for questions regarding U.S. citizenship.