1. What is an IR3 visa and how does it differ from other types of US visas?

An IR3 visa is an immigrant visa which allows the child of a US citizen to immigrate to the United States as a permanent resident. It is specifically for children who are under 21 years old and were born outside of the US from a parent who is a US citizen.

This type of visa differs from other types of US visas in that it is only available to children under 21 years old, while other immigrant visas may have different age restrictions or requirements. Additionally, IR3 visas are specifically for children of US citizens, while other types of visas may be available for spouses, parents, or siblings of US citizens or permanent residents.

2. What are the eligibility requirements for obtaining an IR3 visa?

The IR3 visa is a type of residence visa for individuals who wish to live and work in New Zealand permanently. The eligibility requirements for obtaining an IR3 visa include:

1. Age: You must be 55 years or younger at the time of submitting your visa application.

2. Good health: You must meet the health requirements set by Immigration New Zealand, which includes a medical examination and screening for tuberculosis if you are from a country with high rates of TB.

3. Good character: You must have a clean criminal record and provide police certificates from any country you have lived in for 12 months or more in the past 10 years.

4. Sufficient funds: You must be able to show that you have enough money to support yourself and any dependents during your stay in New Zealand.

5. English language proficiency: You must provide evidence of your English language ability, either by taking an approved test or by meeting one of the exemptions.

6. Meeting the points threshold: The IR3 visa uses a points-based system to assess potential migrants, so you must be able to score at least 100 points on the New Zealand Expression of Interest (EOI) assessment form.

7. Skilled employment or region-specific criteria: In addition to meeting the minimum points threshold, you may also need to meet specific criteria related to skilled employment or residing in certain regions in New Zealand.

8. Sponsorship/endorsement: If you are applying under certain categories such as skilled migrant or entrepreneur visas, you may need to be sponsored or endorsed by a relevant organization in New Zealand.

It’s important to note that meeting these eligibility requirements does not guarantee that your visa will be granted, as INZ reserves the right to decline applications based on individual circumstances and evidence provided. It’s recommended to seek professional immigration advice before submitting your application.

3. Can I apply for an IR3 visa if I am already in the US on a different type of visa?

Yes, you can apply for an IR3 visa if you are already in the US on a different type of visa. However, you will need to meet all the eligibility requirements for the IR3 visa and go through the application process. It is recommended that you consult with an immigration attorney or seek assistance from the US embassy or consulate in your home country before applying for any visa.

4. How long does it typically take to process an IR3 visa application?

The processing time for an IR3 visa application can vary depending on a number of factors, including the country of application, the completeness and accuracy of the application, and the current workload of the immigration office. On average, it can take anywhere from 2-6 months for an IR3 visa application to be processed. It is recommended to submit your application well in advance to allow for any potential delays or additional document requests.

5. Do I need to attend an interview for an IR3 visa?

It is not required to attend an interview for an IR3 visa. The application process can be completed online or by mail. However, in some cases, the immigration officer may request an interview as part of the application process. This is usually done if there are any discrepancies or concerns with the application. As such, it is important to ensure all necessary documents and information are provided accurately and honestly to avoid the need for an interview.

6. Will my child automatically be granted US citizenship if they enter on an IR3 visa?

If your child is born out of wedlock and you are the only US citizen parent, then upon entering the United States on an IR3 visa they will automatically acquire US citizenship. However, if your child was born in wedlock and you were married to a non-US citizen at the time of their birth, they must fulfill residence requirements before being able to acquire citizenship through you. The specific requirements depend on the year of your child’s birth and whether you are a US citizen by birth or naturalization. It is recommended to consult with an immigration lawyer for guidance on fulfilling these requirements.

7. What documentation do I need to provide when applying for an IR3 visa?

When applying for an IR3 visa, you will need to provide the following documentation:

1. Completed visa application form: This can be filled out online through the Immigration New Zealand website or in paper format.

2. Proof of identity: You will need to submit a valid passport or travel document that has at least 3 months validity beyond your intended stay in New Zealand.

3. Proof of funds: You must provide evidence that you have enough funds to support yourself and any accompanying family members during your stay in New Zealand. This can include bank statements, employment contracts, or scholarship letters.

4. Police clearance certificate: Depending on your country of origin and previous travel history, you may be required to provide a police clearance certificate as part of the character assessment process.

5. Medical examination results: You may be required to undergo a medical examination by an approved panel physician and submit the results with your application.

6. Proof of health insurance: You must show that you have comprehensive medical insurance for the duration of your stay in New Zealand.

7. Evidence of ties to your home country: To demonstrate that you intend to return to your home country after your visa expires, you may need to provide evidence such as family ties, job prospects, and property ownership.

8. Employment offer or contract: If you are applying for an IR3 visa based on a job offer from a New Zealand employer, you will need to submit proof of this offer in the form of an employment contract or letter from the employer.

9. Evidence of qualifications and work experience: If you are applying under the skilled migrant category, you will need to provide evidence of your qualifications and work experience that meet the requirements for points calculation.

10. Additional documents as requested by Immigration New Zealand: Depending on your individual circumstances, additional documents may be requested by Immigration New Zealand during the processing of your application. It is important to check their website for updates on any changes to the required documents for an IR3 visa.

8. Is there a limit to the number of IR3 visas that can be issued each year?

There is no specific limit to the number of IR3 visas that can be issued each year. The number of visas issued will depend on various factors such as demand, eligibility criteria, and approval from immigration authorities. However, there may be limits or quotas for certain categories of visas and countries depending on immigration policies and regulations.

9. Can I sponsor a child who is not biologically related to me for an IR3 visa?

Yes, you can sponsor a child who is not biologically related to you for an IR3 visa. The child must be under 18 years of age, unmarried and must have no living parents or legal guardians able to care for them. You will need to show that you have a genuine and ongoing relationship with the child, and that you have sufficient financial resources to support the child during their stay in New Zealand. Additionally, the child must also meet all other requirements for an IR3 visa, such as meeting health and character requirements.

10. Is there a minimum age requirement for children applying for an IR3 visa?

Yes, children must be at least 18 years old to apply for an IR3 visa on their own. Children under the age of 18 can only apply for the IR3 visa as a dependent of their parent or legal guardian.

11. Are there any income or financial requirements for sponsors of children on IR3 visas?

There are no specific income or financial requirements for sponsors of children on IR3 visas. However, you may be required to show proof of financial stability and ability to support the child during their stay in New Zealand. This could include providing evidence of a stable income, bank statements, or other assets. The immigration officer assessing the visa application will consider all factors when determining if you are able to adequately support the child.

12. Can I apply for a waiver if I do not meet all the eligibility requirements for an IR3 visa?

Yes, you can apply for a waiver if you do not meet all the eligibility requirements for an IR3 visa. However, it is up to the discretion of the immigration officer to grant the waiver or not. You will need to provide strong and convincing reasons for why you should be granted the waiver.

13. Will my child be allowed to work in the US on an IR3 visa?

Yes, an IR3 visa is an immigrant visa for children adopted by US citizens. As a permanent resident, your child will be allowed to work in the US once they reach the legal working age. However, they may need to file for a work permit or employment authorization document (EAD) before starting any job. This can be done through the US Citizenship and Immigration Services (USCIS) website.

14. What is the difference between consular processing and adjustment of status when obtaining an IR3 visa?

Consular processing and adjustment of status are two different methods of obtaining an IR3 visa. Consular processing is the process of applying for a visa at a U.S. embassy or consulate in the child’s country of residence. This method is typically used when the child is living outside of the United States.

On the other hand, adjustment of status is the process of applying for a visa while inside the United States and seeking to become a permanent resident. This method may be used if the child is already present in the country on a non-immigrant visa and wishes to change their status to permanent resident.

The main difference between these two processes is where the application is filed and processed. Consular processing involves filing paperwork with a U.S. embassy or consulate abroad, while adjustment of status involves filing paperwork with U.S. Citizenship and Immigration Services (USCIS) within the United States.

For an IR3 visa, both methods may require similar documentation and evidence, such as proof of relationship with the adoptive parent(s), evidence of financial support for the child, and medical examination results. However, consular processing may involve additional steps such as attending an interview at the U.S. embassy or consulate before being issued a visa.

Ultimately, which method is most suitable will depend on individual circumstances, such as where the child currently resides and whether they are able to enter or remain in the United States while their application is being processed. It’s important to consult with an immigration attorney to determine which process is best for your situation.

15. Can my child travel outside of the US while their application for permanent residency is being processed?

No, your child is not allowed to travel outside of the US while their application for permanent residency is being processed. US immigration laws require that the applicant remain within the country until a decision is made on their case. Leaving the US before receiving approval or without obtaining an advance parole document may result in abandonment of the application. It is best to consult with an attorney before making any international travel plans during this process.

16. Are there any restrictions or limitations on who can sponsor a child for an IR3 visa?

There are no specific restrictions or limitations on who can sponsor a child for an IR3 visa. However, the sponsor must meet certain requirements as outlined by Immigration New Zealand, including being a New Zealand citizen or permanent resident, being of good character, and having sufficient income and assets to support the child. Additionally, the sponsor must be able to provide a suitable living environment for the child in New Zealand.

17. How long is the validity period of an IR3 visa once it is issued?

The validity period of an IR3 visa can vary, depending on the specific circumstances and country policies. In some cases, the visa may be issued for a single entry and has a validity period of 90 days from the date of issue. Other times, it may be issued for multiple entries and have a longer validity period (e.g. one year). It is important to check with the embassy or consulate issuing the visa for specific details regarding its validity.

18. Will my child have access to government benefits upon entering the US with an IR3 visa?

It is possible for children entering the US on an IR3 visa to have access to certain government benefits, such as education and healthcare. However, eligibility for specific benefits may vary depending on the state and local policies. It is best to research the specific benefits in your area or consult with a legal professional for more information.

19.He implications if I fail to comply with all obligations associated with sponsoring someone on this type of immigrant.

Failing to comply with all obligations associated with sponsoring someone on this type of immigrant can have serious consequences, both for the sponsor and the sponsored individual. These implications may include:

1. Legal consequences: Sponsors are legally obligated to fulfill their responsibilities towards the sponsored person, including financial support and ensuring that they do not become a public charge. If these obligations are not met, the sponsor can face legal action, fines, and even criminal charges.

2. Financial repercussions: As a sponsor, you are responsible for providing financial support to the sponsored person until they become self-sufficient in the United States or until they have completed ten years as a permanent resident. If you fail to provide adequate financial support, you may be required to reimburse any government agencies that provided benefits to the sponsored individual.

3. Damage to your relationship with the sponsored person: Sponsoring someone is a big commitment, and if you fail to meet your obligations, it can cause significant strain on your relationship with the sponsored person.

4. Delay or denial of future sponsorship requests: Failing to comply with sponsorship obligations can also impact your ability to sponsor other individuals in the future. USCIS reviews previous sponsorship history when considering new sponsorship petitions and may deny them if you have not fulfilled your obligations in the past.

5. Loss of status for the sponsored person: If you fail to provide adequate support for the sponsored individual and they become a public charge, it can result in their green card being revoked or their visa being canceled, leading to their removal from the United States.

6. Negative impact on your immigration status: As a sponsor, you must meet specific income requirements based on your household size. If you fail to meet these requirements or if there is a significant change in your income or employment status during the sponsorship period, it could potentially jeopardize your own immigration status.

It is essential to understand all of your obligations as a sponsor before agreeing to take on this responsibility. Make sure to carefully review the sponsorship documents and seek legal advice if you have any concerns or questions about your obligations. Failure to comply can have serious consequences, so it is essential to take this commitment seriously.

20.Does my child need to have a medical exam before they can enter the US on an IR3 visa?

Yes, all children immigrating to the United States on an IR3 visa are required to have a medical exam before they can enter the country. This exam must be performed by a doctor who has been designated by the U.S. Citizenship and Immigration Services (USCIS) as a Civil Surgeon. The purpose of the medical exam is to ensure that your child does not have any communicable diseases or conditions that could pose a health risk to others in the United States. It is important to schedule this exam as soon as possible so that there is no delay in your child’s immigration process.