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Visas to the U.S.
 
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Immigrant Visas

Apply for an Immigrant Visa

Step 1: File a petition
The first step in applying for an immigrant visa is for the petitioner to file an immigrant visa petition with the U.S. Citizenship and Immigration Services (USCIS). U.S. citizens residing in Hong Kong and Macau, and filing petitions for a spouse/child/parent/sibling may file the petition, Form I-130, with the USCIS office at the Consulate General in Hong Kong; U.S. citizens residing in the United States should contact their local USCIS office for further information. Please note that petitions for fiancée visa (Form I-129F) must be filed with the USCIS office having jurisdiction over the petitioner's place of residence in the U.S. - the petition cannot be filed in Hong Kong.

Please note that petitions are only required for family-based and employment-sponsored immigrant visas. Diversity visas are handled via a lottery system and do not require petitions filed with USCIS.

Step 2: Begin assembling the necessary documents and completing the visa forms
If the petition has been filed in the U.S., the petition will be evaluated by USCIS. After the petition is approved by USCIS, it will be sent to the National Visa Center (NVC) in New Hampshire for additional processing. NVC processes all approved immigrant visa petitions after they are received from USCIS and retains them until the cases are ready for adjudication by a consular officer abroad. Petitions may remain at NVC for several months or for many years depending on the visa category and country of birth of the visa applicant. When an applicant's case is about to become current (a visa number is likely to be available within the year), the petition will be forwarded to Consulate General Hong Kong. Upon receiving the visa applicant's file from the NVC and after certain administrative processing is completed, we will mail the applicant(s) a packet of forms that must be completed.

If the petition has been filed at the USCIS office in Hong Kong, the USCIS office will forward the approved petition directly to the Immigrant Visa Unit. Upon receiving the visa applicant's file and after certain administrative processing is completed, we will mail the applicant(s) a packet of forms that must be completed.

Step 3: Schedule a visa interview
Once you have notified the Immigrant Visa section that you have obtained all the documents that apply to your case and have filled out all the necessary forms, you will be given instructions on making an appointment for the visa interview. All required documents on the checklist as well as the remaining completed application forms should be brought to the interview. Please do not make an appointment for an interview before being contacted by the Immigrant Visa Unit.

Visa interviews are conducted on weekdays with the exception of U.S. and local holidays and the last working day of every month. Appointments are typically available in the morning at 8:30am and in the afternoon at 1:30pm. Applicants should plan to spend several hours at the Consulate. Ideally, your interview should take place several months before you plan to depart for the United States. Therefore, to avoid scheduling problems, you should request your interview 3 to 4 months before you wish to enter the U.S. Please do not purchase a plane ticket until you have the approved visa in hand.

All Macau and People's Republic of China residents will have their visa appointments scheduled directly by the Immigrant Visa Section. The Immigrant Visa Section no longer accepts walk-in applicants from Macau. Immigrant visa applicants whose cases are ready for interview will be contacted by letter with the date and time of their interview. If an applicant is unable to appear at the Consulate at the scheduled interview date, he/she should contact the Immigrant Visa Section to request a different appointment slot.

Step 4: Day of the interview
Please appear at the Consulate General interview at the appointed time. Late arrivals may be asked to reschedule their appointments for another day. Please bring all documents indicated on the checklist to the interview. Children under 14 do not need to appear in person unless they are the sole beneficiary of a petition. Applicants will go through a pre-screening process, have their fingerprints taken, and have an interview with a consular officer.

Please do not bring any electronic equipment or large bags/suitcases to the Consulate. Cameras, cell phones, computers and other electronics are not allowed inside the building.

Most applicants will be told immediately following the interview whether or not they will be granted a visa. However, please do not purchase a plane ticket until you have the visa in your hand. Successful applicants will be directed to the Hong Kong Post Services window in the Non-Immigrant Visa waiting room to arrange for delivery and to pay the return postage fee. Hong Kong Post will deliver the passport and visa documents approximately 3-4 working days after the interview.

If a visa cannot be approved on the day of the interview due to documentation problems, applicants will be informed of what documents are required to continue the process. The application will then be temporarily refused under INA Section 221(g). Certain immigrant visa applicants previously interviewed and refused under Section 221(g) can drop off their requested documents at the Visa Information Unit's outside window between 3:00 p.m. to 4:00 p.m., any workday. For such applicants, no appointment is necessary and the public is seen on a first-come, first-served basis. Applicants (or someone designated by them to submit their documents) should bring their blue refusal letter, all requested documents and a current travel document for each traveler.

Macau and PRC residents, who failed to appear for an immigrant visa interview and whose cases have not been cancelled under Section 203g of the Immigration and Nationality Act, should contact the Immigrant Visa Unit to reschedule an appointment when they ready to proceed with their cases. Walk-in applicants from Macau are no longer accepted.

Step 5: After the visa is approved and issued
Once you have received your immigrant visa, please note the expiration date. You must enter the United States within the timeframe specified on the visa to obtain the permanent resident card or "green" card (Form I-551) that will allow you to live and work in the United States.

An "Administrative number" is printed on your immigrant visa. At the port of entry in the U.S., DHS official will stamp your passport with this number and make a notation that you are registered for the permanent resident card. It normally takes several months for DHS to process and send the permanent resident card to you. In the interim, the passport stamp, valid for a year, permits employment and travel as you await your green card. You may depart and return to the U.S. before you receive the permanent resident card, as long as the DHS stamp in you passport has not expired. Should you wish to leave the U.S. and your stamp has expired and you have not yet received your permanent resident card, you should contact DHS in the U.S. before departure to obtain permission to return to the U.S.

 

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Last modified: June 27, 2007

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- Affidavit of Support -

• The person who filed the petition must complete and sign an Affidavit of Support (form I-864) for each person in the family. There are no exceptions. The petitioner must do this even if he or she does not have the funds to support the applicant and the applicant plans to use the affidavit from a joint sponsor or the applicant's own funds to qualify. Click here for detailed information.

• Tax returns for the most recent tax year.
The sponsor is required to submit Federal income tax returns for the most recent tax year, current as of the date of execution of the Affidavit of Support.

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