1. What is an Immediate Relative Immigrant Visa (IR) and who qualifies for this type of visa?
An Immediate Relative Immigrant Visa (IR) is a type of visa issued by the United States government that allows certain immediate family members of United States citizens to live and work in the U.S. legally. Those individuals that qualify for the IR visa are parents, spouses, and unmarried children under 21 years of age of US citizens.
2. What documents are required to apply for an Immediate Relative Immigrant Visa?
To apply for an Immediate Relative Immigrant Visa, the following documents are typically required:
– Valid passport
– Birth Certificate (or other proof of birth)
– Evidence of U.S. citizenship or lawful permanent residence status of the petitioner
– Proof of relationship between the petitioner and the beneficiary, such as marriage certificate, adoption papers, or other legal documents
– Evidence of financial support of the petitioner
– Photographs of both the petitioner and the beneficiary
– Health examination documents (unless exempted)
– Fees
3. How long does the processing of an Immediate Relative Immigrant Visa take?
The processing time for an Immediate Relative Immigrant Visa can vary depending on the country and the specific circumstances of the applicant. In general, it can take anywhere from six to twelve months for the entire process to be completed.
4. Can an applicant be denied an Immediate Relative Immigrant Visa?
Yes, an applicant can be denied an Immediate Relative Immigrant Visa. The U.S. government can deny a visa to an individual for a variety of reasons, such as not meeting the requirements for the visa or if the applicant is deemed to be a security threat to the United States.
5. What is the difference between IR-1, IR-2, IR-3, IR-4, and IR-5 visas?
IR-1 visas are for spouses of U.S. citizens and have no limit on the length of stay in the U.S. IR-2 visas are for unmarried minor children of U.S. citizens and also have no limit on the length of stay in the U.S. IR-3 visas are for adopted minor children of U.S. citizens, with no limit on the length of stay in the U.S. IR-4 visas are for children who have been identified for adoption in the U.S., and there is no limit on the length of stay in the U.S. IR-5 visas are for parents of U.S. citizens, with a limit of two years of stay in the U.S., and they must return to their home country for at least one year before reapplying for another visa.
6. Can I bring my family members to the United States with me on an Immediate Relative Immigrant Visa?
Yes, you can bring your immediate family members to the United States on an Immediate Relative Immigrant Visa. Immediate family members include spouses and unmarried children under 21 years of age.
7. How much does an Immediate Relative Immigrant Visa cost?
The cost of an Immediate Relative Immigrant Visa varies based on individual circumstances. Generally, the filing fee for an Immediate Relative Immigrant Visa petition is $535, plus a $220 biometrics fee for each applicant. Additional fees may be required for visa processing.
8. Are there any additional fees associated with filing for an Immediate Relative Immigrant Visa?
Yes, there are additional fees associated with filing for an Immediate Relative Immigrant Visa. These include a visa application processing fee, Affidavit of Support fee, medical examination costs, and transportation costs.
9. Do I need to attend an interview to obtain an Immediate Relative Immigrant Visa?
Yes, you will need to attend an interview. The interview is conducted by a U.S. consular officer who will ask questions to verify the information provided in your application and assess your eligibility for the visa.
10. What type of medical exam is required for an Immediate Relative Immigrant Visa?
Immigrant visa applicants must undergo a medical examination performed by an authorized panel physician. The medical examination includes a physical examination, blood tests, and required vaccinations. Depending on the individual’s country of origin, the applicant may be required to undergo additional tests.
11. Is it possible to adjust status from a temporary visa to an Immediate Relative Immigrant Visa while in the United States?
Yes, it is possible to adjust status from a temporary visa to an Immediate Relative Immigrant Visa while in the United States. The process involves filing an I-130 petition, form I-485 application for adjustment of status, and other supporting documents with U.S. Citizenship and Immigration Services.
12. What is the difference between conditional and permanent status under an Immediate Relative Immigrant Visa?
The difference between conditional and permanent status under an Immediate Relative Immigrant Visa is that conditional status is only temporary and must be renewed after two years. Permanent status indicates that the Immediate Relative Immigrant Visa holder has been granted permanent residency in the United States and is able to stay indefinitely.
13. Can I work in the United States on an Immediate Relative Immigrant Visa?
Yes, you can work in the United States on an Immediate Relative Immigrant Visa. As soon as you receive your Green Card, you are eligible to apply for a work permit and Social Security Number. Once your work permit is approved, you will be able to legally work in the United States.
14. What are my rights and privileges once I become a permanent resident of the United States under an Immediate Relative Immigrant Visa?
Once you become a permanent resident of the United States under an Immediate Relative Immigrant Visa, you are entitled to all the rights and privileges afforded to any other U.S. citizen, with a few exceptions. These include: the right to live and work in the United States on a permanent basis; the right to petition for certain family members to immigrate to the United States; access to Social Security, Medicare, and other government benefits; the right to apply for U.S. citizenship after five years of residence; and the right to travel in and out of the country without restrictions.
15. How long can I stay in the United States with an Immediate Relative Immigrant Visa?
Once you receive your Immediate Relative Immigrant Visa, you may stay in the United States as a permanent resident. There is no limit to the amount of time you can stay in the United States with an Immediate Relative Immigrant Visa.
16. Is it possible to travel outside of the United States while on an Immediate Relative Immigrant Visa?
Yes, it is possible to travel outside of the United States while on an Immediate Relative Immigrant Visa. However, if the traveler is abroad for an extended period of time, they may be required to obtain a re-entry permit or other travel documents before they can re-enter the United States.
17. Are there any restrictions on activities or employment while on an Immediate Relative Immigrant Visa?
There are no restrictions on activities or employment while on an Immediate Relative Immigrant Visa. However, the individual may be subject to certain laws and regulations that must be followed before employment can be authorized. Additionally, individuals may need to obtain work authorization from the U.S. Citizenship and Immigration Services (USCIS) prior to gaining employment in the U.S.
18. Are there any restrictions on sponsoring family members for an Immediate Relative Immigrant Visa?
Yes. Individuals may not sponsor certain family members for an Immediate Relative Immigrant Visa, such as aunts, uncles, nieces, and nephews. Additionally, certain individuals may be ineligible to sponsor family members due to their immigration status or criminal history. The U.S. Department of State has more information on who cannot sponsor family members for an Immediate Relative Immigrant Visa.
19. How can I renew or extend my Immediate Relative Immigrant Visa?
You must file form I-539 Application to Extend/Change Nonimmigrant Status with U.S. Citizenship and Immigration Services (USCIS) before your visa expires. If approved, you will be given an extension of your status for a particular length of time. You must pay the fee for the I-539 and also any applicable biometric fee. In order to renew or extend an Immediate Relative Immigrant Visa you must include evidence of your relationship to the petitioner, such as a marriage certificate or birth certificate. You may also need to submit evidence of your current immigration status, such as a valid passport or I-94 Arrival/Departure Record. Finally, a current passport photo and a signed application form are also required.
20. What happens if I fail to comply with the conditions of my Immediate Relative Immigrant Visa?
If you fail to meet the conditions of your Immediate Relative Immigrant Visa, you may be removed from the United States and barred from re-entering for a period of time. Additionally, any visa you were given to enter the country will be revoked.