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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 a 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 may file the petition, Form I-130, 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. 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. 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), NVC will coordinate with the applicant the submission of all civil documents, police clearances, affidavits of support and other key documents. The file will be forwarded to Consulate General Hong Kong.

If the petition has been filed at the Consulate General, after certain administrative processing is completed, we will mail the applicant(s) a packet containing instructions and forms.

Step 3: Scheduling of the visa interview
Visa interviews are conducted on weekdays with the exception of U.S. and local holidays and the last working day of every month, occurring either in the morning at 8:30am and in the afternoon at 1:30pm. Applicants should plan to spend several hours at the Consulate. Please do not purchase a plane ticket until you have the approved visa in hand. Please click here for information that is helpful to review prior to the interview.

Petitions filed in the U.S. (except fiancée visas)
For family-based and employment petitions filed in the U.S. (with the exception of fiancée visas), the National Visa Center (NVC) will handle the scheduling of visa interview appointments. NVC will collect the applicant's civil documents, police clearances, affidavits of support and other key documents. When all the documents have been received, NVC will send the applicant a letter with the time and date of the visa interview. All required documents on the checklist as well as any documents that were not submitted to NVC should be brought to the interview.

Petitions filed in Hong Kong and fiancée visas
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, we will schedule an appointment for you. You will be notified in writing of the date and time of your appointment. All required documents on the checklist should be brought to the interview.

Diversity Visa applicants
For diversity visa applicants, the Kentucky Consular Center (KCC) will handle the scheduling of visa interview appointments. KCC will send the applicant a letter with the time and date of the visa interview. All required documents on the checklist as well as any documents that were not submitted to KCC should be brought to the interview.

Rescheduling an 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 inquire about the possibility of obtaining a different appointment slot. You must provide a thorough explanation of why you will be unable to attend the scheduled appointment. The criteria for approving the rescheduling of an appointment are rigid. Applicants who request to have their appointment rescheduled will be placed at the back of the queue of waiting cases. Rescheduling an appointment may result in a significant delay to processing your visa case.

Step 4: Medical examination
The Immigration and Nationality Act requires that all immigrant visa applicants and certain nonimmigrant visa applicants, regardless of age, undergo a medical examination before receiving a visa. All applicants must undergo a medical examination administered by one of the designated doctors before the visa interview. Reports take approximately one week to prepare. Please bring the unopened results to your visa interview. Please do NOT open your results. Please click here for instructions relating to the medical examination process.

Starting on November 1, 2008, the U.S. Consulate General Hong Kong will implement new tuberculosis screening measures as part of the medical examinations required for all immigrant visa and certain non-immigrant visa applicants. These measures, mandated by the U.S. Centers for Disease Control and Prevention, will influence the validity period of the medical exam. As visa applicants are required to travel before their medical exams expire, it is strongly recommended that applicants schedule their examinations no more than four weeks prior to the date of the visa interview.

Step 5: Day of the interview
Please appear at the Consulate General interview at the appointed time. Late arrivals may not be processed. 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 (such as an IR2, CR2, IH3, IR3, IH4, IR4 or F22). Applicants will go through a pre-screening process, have their fingerprints taken, and be interviewed by a consular officer. Please click here for information that is helpful to review prior to the interview.

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 on the ground floor 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). Immigrant visa applicants 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 the blue refusal letter, all requested documents and a current travel document for each traveler.

Step Six: 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 a permanent resident or "green" card (Form I-151 or I-551) that will allow you to live and work in the United States.

At the port of entry in the U.S., the officials will stamp your passport and make a notation that you are registered for a permanent resident card. It normally takes several months for USCIS 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 residence card, as long as the stamp in your passport has not expired. Should the stamp expire and you have still not received your permanent resident card, you should contact USCIS in the U.S. before departure to obtain permission to return to the U.S.

 

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Last modified: June 30, 2009

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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.

2006 Poverty Guidelines (I-864P)




 

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