- Marriage to a U.S. Citizen
A United States citizen cannot transmit citizenship to a spouse. A spouse or fiancé(e) who wishes to take up indefinite residence in the United States requires one of the following Immigrant Visa.
An immigrant visa is required if you are married, or intend marrying outside the United States. The spouse of a U.S. citizen will qualify for immigration in the immediate relative category. For further information, please follow this link. Note: Applicants who qualify for a visa on the basis of a marriage which was entered into less than two years prior to the date on which he/she is admitted into the United States as an immigrant, will be granted conditional resident status
- Nonimmigrant (K-3) visa
Spouses on whose behalf an immigrant visa petition, Form I-130, has been filed, may also be eligible for the nonimigrant K-3 visa. The visa entitles the holder to travel to the United States to await the approval of the immigrant visa petition. For further information, please follow this link
- Fiance(e) Visas
If you will marry in the United States with the intention of taking up indefinite residence after marriage, you will require a fiancé(e) visa. For further information, please follow this link.
Note: If you will do not intend taking up indefinite residence in the United States but will continue to live and work abroad after the marriage ceremony you should apply for a B-2 visa, or if eligible travel visa free under the Visa Waiver Program.
- Accompanying children
Children of U.S. citizens who have no claim to U.S. citizenship are eligible for immigration either in the immediate relative category, if under the age of 21 and single, or the family based preference category if over the age of 21 and/or married. Note: Step-children of a U.S. citizen will qualify for immigration in the immediate relative category only if the marriage creating the relationship of step-parent and child occurred before the child’s eighteen birthday.
Derivative visa status is accorded to the child under the age of 21 of the beneficiary of a fiance(e) visa petititon, provided the child has no claim to U.S. citizenship.
- Immediate Relative
Who is eligible?
The spouse, parent, step-parent, child and step-child under the age of 21, of a U.S. citizen and the spouse of a deceased U.S. citizen.
- Family Based
Unmarried son/daughter (aged 21 or over) of a U.S. citizen; married son/daughter of a U.S citizen; brother/sister of a U.S. citizen; spouse and unmarried son or daughter of a Lawful Permanent Resident (LPR).
- Employment Based
The employment based category is sub-divided into five:
First Preference Category – Priority Workers – Persons of extraordinary ability in the sciences, education, arts, business or athletics: outstanding professors and researchers & certain multinational executives & managers.
Second Preference Category – Members of “The Professions”, Persons with exceptional ability in the sciences, arts and business – Defined as a member of the professions holding an advanced degree or equivalent, or baccalaureate degree plus at least 5 years of progressive experience in the specialty, and persons of exceptional ability in the sciences, arts and business.
Third Preference Category – Professionals – A person who holds a baccalaureate degree and who is a member of the professions and Skilled and Unskilled Workers – Skilled workers with at least two years training or experience and unskilled workers whose skills are in short supply in the U.S. Note: The Embassy does not keep a list of these professions.
Fifth Preference Category – Investor visas – Investors may qualify for employment creation immigrant visas if they seek to enter the United States for the purpose of establishing a new commercial enterprise.
- Diversity Visa Program
An annual Diversity Immigration Program, commonly known as the visa lottery, makes available each year by random selection 55,000 immigrant visas to people from countries with low rates of immigration to the U.S. Eligibility to apply for this Program is determined by a person’s place of birth, not citizenship.
The registration period for DV-2013 has been announced. For further information visit the Department of State website.
- Returning Resident
A Lawful Permanent Resident (LPR) or Conditional Resident (CR) who has remained outside the United States for longer than twelve months, or beyond the validity period of a re-entry permit, will require a new immigrant visa to re-enter the United States and resume permanent residence.
We can help you prepare and submit your visa application. Please contact us for advice on 0113 277 0916 or email us on firstname.lastname@example.org.