Immigration Information Center

Immigrant Visas - An Overview

People living outside the United States who wish to become permanent residents must obtain an immigrant visa to apply for entry to the United States. To obtain an immigrant visa, a person must qualify for one of the immigrant classifications such as employment-based, family-sponsored, diversity, or refugee. Immigration law and the visa process are complex. There are specific requirements, rules, and procedures that vary depending on the category of immigrant visa sought, and the success of each visa application depends on the particular circumstances of the applicant. Unfortunately, many visa petitions are rejected or subject to delays because the petitioner did not understand the requirements. A competent and experienced immigration attorney can ensure that your immigrant visa application is carefully prepared and submitted. If you have questions about immigrant visas, call an immigration attorney today.

Types of Immigrant Visas

Anybody seeking to reside in the United States permanently must obtain an immigrant visa. The primary classes of immigrant visas are employment-based, family-based, diversity immigrant status (Diversity Visa Lottery Program), and asylum or refugee status. One of the most difficult areas of US immigration law is determining which visa or immigration options are available to and best suited for a particular person. For some people, there may be more than one option available. Businesses, individuals seeking visas, and relatives in the US all play important roles in the visa process, and an immigration attorney can assist in identifying and petitioning for the appropriate visa.

United States Immigration Law

The legislative, executive, and judicial branches of the United States federal government all play important roles in US immigration law and policy. There are five departments within the executive branch that handle much of the immigration process. They are the Department of Homeland Security (DHS), the Department of State, the Department of Justice, the Department of Labor, and the Department of Health and Human Services. The subdivisions within the Department of Homeland Security that enforce and administer benefits under the immigration laws are the US Citizenship and Immigration Services (USCIS), the US Immigration and Customs Enforcement division, and the US Customs and Border Protection division. The USCIS handles immigrant visa petitions, refugee and asylum applications, and many other aspects of the immigration process.

Processing Times

Immigrant visas usually take more time to process than nonimmigrant visas, and family-based immigrant visas involving immediate relatives are usually the quickest to be approved. Employment-based immigrant visas can also move through the system fairly quickly, but obtaining labor certification from the US Department of Labor often results in delays. Processing times for labor certifications vary greatly among regional offices, and areas with the highest numbers of applicants experience the greatest delays. Processing visas through the United States National Visa Center can take anywhere from a few weeks to a few months, and can, in some situations, take years.

Visa applications that are presented without the required supporting documents, with inadequate information, or with other simple mistakes on the part of applicants create a logjam in the system and unwelcome surprises for all applicants. Filing a visa application correctly the first time and tracking its status is the best way to speed up the process. A good immigration attorney will ensure that a visa application is correctly filed and track its progress to avoid unnecessary delays.

Conclusion

Immigration attorneys represent clients throughout the world and handle immigration matters for their clients no matter which state in the US they choose to reside. If you have questions about immigrant visas or general immigration questions, you should consult an attorney who understands this complex area of law. An experienced immigration lawyer will make sure that you receive accurate information on which you can rely.

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