Immigrant Visas

Filing An Immigrant Visa Petition

Effective immediately, the Immigrant Visa Unit will accept I-130 petitions from American Citizens who are resident in Hong Kong or Macau. Petitions may be filed for a spouse, child, step-child, or parent. To qualify to file a petition at the Consulate General, the American Citizen petitioner must be able to demonstrate that he/she resides in the territories (e.g. a Hong Kong or Macau ID card, a Hong Kong or Macau Employment Visa, or some other evidence of resident status) and have been resident in Hong Kong or Macau for at least six months before filing the petition. American citizens who are in Hong Kong or Macau on temporary status, such as tourists, do not meet the residency standard and must file their petitions directly with the domestic U.S. Citizenship and Immigration Services (USCIS) Service Center having jurisdiction over their place of residence.

Emergency Cases: The Immigrant Visa Unit will accept I-130 petitions from American Citizens who are not resident in Hong Kong or Macau in the event of a true emergency (such as a life and death situation, significant health and safety issue, or minor children unexpectedly left without a caretaker). These cases are very rare and will be handled on a case-by-case basis.

Petitioners who reside in Hong Kong or Macau may file the I-130 petition directly at the Immigrant Visa Unit in Hong Kong (26 Garden Road, 1 st floor) on Wednesdays and Fridays only, between 2 - 4pm. Please monitor the Consulate General's website for holiday or weather closures. The American Citizen petitioner is required to appear in person at the Consulate General and if the beneficiary is available, it would be helpful if he/she appears as well. Given the space limitations, no family members other than petitioners and beneficiaries will be admitted. In view of the amount of time it takes to complete the process, parents are kindly requested not to bring small children to the Consulate General. Attorneys are not regularly allowed into the waiting room. If an applicant believes there are special circumstances that warrant the presence of an attorney, she/he may submit a written request outlining the reasons for an exception to the Information Unit. Such requests must be received well in advance.

Petitioners must bring original documents as well as copies of each document for the filing process. The original documents will be returned after the petition is filed. Documents required for filing an I-130 include: the petitioner's passport, the beneficiary's passport, evidence of the petitioner's status in Hong Kong or Macau, evidence of the beneficiary's status in Hong Kong or Macau (if applicable), evidence of the relationship between the petitioner and beneficiary, and any other relevant civil documents (i.e. marriage certificates, birth certificates, prior divorce decrees). Please click here for our I-130 checklist. The application fees of US$355 may be paid by credit card or cash (US dollars or Hong Kong dollar equivalent). The I-130 and G-325A forms may be downloaded at www.uscis.gov - please see the section entitled "Immigration Forms."

American citizens residing in Hong Kong or Macau who wish to petition an immediate relative should begin making preparations at least five months prior to the planned departure date as it is difficult to predict how long the immigrant visa process will take. Some cases can be processed in one or two months and others take much longer.

If the petition has been filed with USCIS in the States, the National Visa Center (NVC) will provide instructions directly to the petitioner and beneficiary. It is vital that NVC have your accurate mailing address. Please note that failure to follow the NVC instructions may result in a delay in transferring the petition to the Consulate General.

 

Related Links

• Department of State Bureau of Consular Affairs
• U.S. Citizenship and Immigration Services
• US Customs and Border Protection
• A Guide for New Immigrants (PDF file, 1.41 MB)*

 

*(To view and print PDF files, please download the FREE Adobe Reader.)

 

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Last modified: March 6, 2009