10 Things You Need to Know About Visa Availability & Priority
Becoming a permanent resident of the United States of America is coveted by many and each year thousands and thousands of applications are made by people from all over the world trying to get this status. The US offers numerous openings for individuals to apply for immigrant visas. An immigrant visa is a document provided to an applicant that allows such a person to travel to and apply for permanent residence in the United States
Who Qualifies for The Visa
The USCIS has guidelines on who qualifies for the US visas. For instance, for an applicant to be eligible, he should not have been a convicted criminal or fugitive. Again, eligibility is determined by among other things; the applicant’s home country; criminal records among other things.
What Is the First Step Towards Getting an Immigrant Visa?
The very first step towards getting an immigrant visa is filling with a petition. A sponsor files a request for a relative. The petition is filed with the U.S Citizenship and Immigration Services (USCIS) and the Department of Homeland Security. In many occasions, the sponsor submits the request from within the U.S. However, it is also possible to file a petition from outside the US, but in such cases, there are a few additional regulations that the sponsor must adhere.
Who Can Sponsor for Immigrant Visa
The age requirement for sponsors to file for petitions vary slightly depending on the type of petition being filed. For instance, a sponsor must be 21 and over to file a petition for your parents or siblings. However, any citizen regardless of age can file a petition for any other family-based immigrant visa categories. To sign an affidavit of support, a citizen or otherwise permanent U.S resident must be 18 years and over.
When Is the Application Available
The number of visas available to foreign nationals is usually determined by the Immigration and Nationality Act (INA). The availability of visas depends on the type. There are two major types of immigrant visas which include visas for immediate relatives and employment-based. Those for immediate relatives are usually available throughout the year, and they are not limited. Applicants who qualify for immediate relative visas include;
- Spouses of U.S citizens
- Unmarried children who are also under 21 years of age
- Parents of a citizen
- Widows or widowers of deceased citizens (the citizen must have filed a petition before his death or the widow(er) should file a petition within two years from the time of the death of the U.S citizen spouse).
Visas for immigrant preference category are usually limited. It, therefore, means that the visas are seasonal and are divided among all eligible foreign countries.
Number of Visas Available
As such, there are about 230,000 immigrant visas for family-sponsored visas while employment-based are limited to approximately 140,000 every year. These categories are further sub-divided with each receiving given percentage as is determined by the law. Again, the sub-categories are again divided based on the country of origin of applicants.
Who Is Given Priority
It is normal for the demand to surpass the available slots. Therefore, when that happens, a visa queue is initiated. Usually, visas are allocated depending on an immigrant’s priority date, country of origin, and preference category. The priority date determines an applicant’s queue position. Once the date becomes current, an applicant can then apply for status adjustment and lawfully be eligible for permanent resident status.
How to Find Your Priority Date?
Any prospective and eligible applicant can be awarded the visa. However, in occasions where there are many applications, some applications are put on hold until the next fiscal year. The time it takes before you get your visa or can make status adjustment depends on;
- The visa limitations
- The visa demand and supply
- The visas are available in an applicant’s preference category.
How to Check Your Position in The Visa Queue?
Checking your position in a visa queue is effortless. A visa bulletin becomes useful when the number of applicants is more than the visas available. In such a case, the other applicants are queued numerically depending on the date of application for future consideration. It is only when an applicant’s priority date becomes current that visa processing is allowed to proceed.
Terminating A Petition
If for any reason you decide to discontinue your interest in the visa process, you will be required to make a formal termination request. The request is usually made in the form of a letter that is duly signed with the petitioner’s name and the Department of State (DOS) number.
The process of visa application can be rigorous, and usually, it takes time to complete. However, regardless, the final results which are getting the visa or otherwise the Green Card if you like is very rewarding. Contact: RunRex for more information