General Questions regarding Immigrant Visas

What is an immigrant visa?

An immigrant visa is a document issued by the U.S. State Department that allows you to travel to the United States to apply for admission as a legal permanent resident (LPR). The Department of Homeland Security makes the final decision as to whether or not to admit you as an LPR. Once you are admitted as an LPR, you generally have the right to live and work in the United States permanently. The Department of Homeland Security will mail your permanent resident card (often called a “green card”) to your new address in the United States, usually within three months of your entry into the United States. Please see the Department of State website and Steps to Obtaining an Immigrant Visa for information on applying for an immigrant visa.

What is the difference between an immigrant visa and a non-immigrant visa?

An immigrant visa entitles you to apply for permanent residency upon entering the United States. A non-immigrant visa, on the other hand, is generally for short-term visitors to the United States. Some non-immigrant visa categories allow the holder to live or work in the United States for a specified amount of time and purpose. Holders of “laser visas” may not take up residence in the United States.

Is it safe for my family and I to travel to Ciudad Juarez given the recent reports of violence?

We recommend that everyone coming to Ciudad Juarez read the most recent Travel Warning for Mexico. One should check the website again for an update before any scheduled trip. We periodically update the alerts and warnings based on the current situation.

We also advise all U.S. citizens traveling overseas to enroll in the Smart Traveler Enrollment Program. Their enrollment will help us to provide information to them in the event of an emergency. When they register they will also receive warden messages which include safety and security advisories specific to the area.

Should any United States citizen find themselves in need of emergency assistance while in our consular district in Mexico, please call our 24-hour American Citizen Services Unit. If calling from the United States, dial 011 52 656 227 3000. If calling from Mexico, dial 656 227 3000. Additional contact information can be found at our website at the following link: Consulate contact information.

Is there a recommended place for petitioners and applicants to stay while they are in Ciudad Juarez?

There are a variety of hotels and restaurants for all budgets located near the U.S. Consulate.

Can family members, friends or my attorney accompany me to my visa interview?

The following people may accompany the visa applicant during her or her visit to the consulate:

Interpreters - an applicant may bring one interpreter if he or she does not speak English or Spanish well enough to participate unassisted in the visa interview

Special Needs Visitors - Applicants may bring one person to help if they are elderly, disabled or if the applicant is a minor child applying for a visa.

Due to the limited size of our waiting room, the high volume of visa applicants and the time required screening consular clients, other accompanying persons cannot and will not be admitted to the Consulate. Drivers, friends, extra relatives and others not specifically named above cannot be permitted to enter and will be asked to wait to meet the applicant at the Sala de Servicios Migratorios Municipal, located next to the Consulate to meet the applicant after the interview is completed. Attorneys will NOT be permitted to accompany anyone into the waiting room or to the interview.

What do I do if I can’t make my scheduled appointment?

For general information, for the status of your visa case, or to make or change an appointment, you may contact our applicant service center.

Should I get a lawyer to help me with my case?

The decision as to whether or not to hire a lawyer or other representative is yours alone. We cannot tell you whether or not to obtain representation, nor can we recommend any specific lawyers. Do not believe any lawyer or representative who tells you that they are “recommended” or “authorized’ by the Consulate.

My visa was refused. Why did this happen and what do I do now?

U.S. consular officers are only allowed to issue immigrant visas to those applicants who qualify under the law. Some applicants who do not qualify for a visa may be allowed to apply for a waiver. If you are eligible to apply for a waiver, the consular officer will give you detailed instructions on what to do next.

What is a waiver and how do I apply for one?

A waiver is a special authorization granted by the United States Attorney General through the United States Citizenship & Immigration Services (USCIS) that in essence “waives” a visa ineligibility. If a waiver is granted, you may be issued a visa despite the fact that you have an ineligibility. As mentioned in the previous question, some visa ineligibilities can be waived while others cannot. If you qualify to apply for a waiver, the consular officer will provide you with instructions on how to apply for a waiver with USCIS.

I applied for a waiver but haven’t heard anything back. What can I do?

The decision to approve or deny a waiver is made by United States Citizenship & Immigration Services (USCIS). The process can take anywhere between 6-18 months depending on workload and the complexity of your case. Do not call the Consulate asking for the status of your waiver, as we will not be able to answer your question. If more than 18 months have passed, you may request an update on the status of your waiver by contacting USCIS at cdj.uscis@dhs.gov.

My case is at the National Visa Center, how can I get in touch with them?

The Department of State’s National Visa Center (NVC) retains the approved petition until the case is 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. You can contact the National Visa Center via e-mail at NVCInquiry@state.gov. Be sure to include your CDJ case number(s) and the applicant(s) full given name and surname in your message.

What is a priority date and why does it matter?

The priority date, in the case of a family-based immigrant visa petition, is the date your petition was filed (not the date it was approved). Family-based immigrant visas are divided into two broad groups, immediate relative cases and preference cases. An immediate relative family-based petition is filed by a U.S. citizen on behalf of a spouse, parent, or child. A preference family-based petition is filed by a U.S. citizen on behalf of a son, daughter, or sibling; or by a legal permanent resident on behalf of a spouse, son or daughter, or child. Workload permitting, the Consulate may begin processing approved immediate relative petitions upon receipt from the Department of State’s National Visa Center or the Department of Homeland Security. The priority date in a preference case, however, matters greatly. The law limits the number of preference visas available. All categories of family-based preference visas are currently “oversubscribed” (i.e., there are more people who want visas than there are visa numbers available). Your priority date, along with your visa category and nationality, determines whether a visa number is available or whether you must wait. Once your priority date is earlier than the cut-off date, you can be allotted a visa number and have your case processed (i.e., your case is “current”). We cannot predict when a case will become current. You can monitor the movement of the cut-off dates to learn when your priority date is reached. View the most recent priority dates.

What is the principal beneficiary of a petition and what is a derivative beneficiary?

In a family-based immigrant visa case, the principal beneficiary of a petition is the person on whose behalf the petition was filed; that is, the person listed on the right side of the front of Form I-130 (Petition for Alien Relative). A derivative beneficiary is the spouse or child of the principal beneficiary. A preference family-based case may have many derivative beneficiaries in addition to the principal beneficiary, and all of the beneficiaries (principal and derivatives) share the same petition and the same case number. There are no derivative beneficiaries in immediate relative family-based cases, which means that each applicant must have his or her own petition and individual case number.

What does the Child Citizenship Act do?

The Child Citizenship Act of 2000 is a law that amended Section 320 of the Immigration and Nationality Act to confer automatic U.S. citizenship upon certain categories of children born abroad upon their admission to the United States as legal permanent residents. If the consular officer determines that the Child Citizenship Act applies, we will give the applicant our Child Citizenship Act Information Sheet.

The person who filed the petition on my behalf is not working. Does he or she still need to submit an Affidavit of Support?

Yes. If you are subject to the I-864 (Affidavit of Support) requirement, as almost all immigrant visa applicants in Mexico are, the petitioner must submit an I-864 for you. Otherwise, the consular officer will not be able to issue you a visa. This requirement applies even if the petitioner is not working or is working but does not earn enough money to support you. In these circumstances, your petitioner may find a joint sponsor who is willing to file an I-864 for you, or he or she may have a household member who is willing to file an I-864A (Contract between Sponsor and Household Member). Remember that every I-864 and I-864A must be accompanied by proof that the filer is a U.S. citizen or legal permanent resident, and the most recent U.S. tax form as of when the I-864 or I-864A was signed. If the petitioner is not working, he or she must state this on the I-864. If the person has not filed a U.S. tax return, regardless of the reason, he or she must explain in writing why not.

Do I have to become a legal permanent resident before my child can be issued an immigrant visa?

If your child is the stepchild of a U.S. citizen or legal permanent resident, there is no requirement that you ever become a legal permanent resident or that your immigrant visa petition be approved. However, in order for your child to qualify as your spouse's stepchild, the consular officer must be convinced that your marriage is legitimate for immigration purposes. The most direct way for the consular officer to know that the marriage is bona fide is for U.S. Citizenship and Immigration Services (USCIS) to have adjusted your status to that of legal permanent resident in the United States. If you are not yet a legal permanent resident, the consular officer may require alternative evidence (e.g., joint rental agreements, bank statements, phone bills, photographs, etc.)

What if I get married after I receive my immigrant visa, but before I am admitted to the United States as a legal permanent resident?

If you are issued an immigrant visa under a category that requires you to be unmarried, and you marry after receiving the visa but before being admitted to the United States, you will be subject to exclusion from the United States.

What happens if the petitioner dies before the principal beneficiary has immigrated to the United States?

If the petitioner dies before the principal beneficiary has immigrated to the United States, the petition is automatically revoked pursuant to 8 CFR 205.1(a)(3). This means that the consular officer will not be able to issue a visa to any of the beneficiaries of the petition and will be required to return the petition to the Department of Homeland Security (DHS). If there are compelling humanitarian circumstances, the consular officer may recommend that DHS reinstate the petition. Alternatively, the applicant may contact directly the DHS office that approved the petition to request that it be reinstated for humanitarian reasons. If DHS reinstates the petition, the Consulate will contact the applicant(s) soon thereafter.

Where can I get information about adoption?

If you are adopting or have adopted a foreign-born child and want general information on immigrant visas for adopted children, please review the adoption information on this website and visit the State Department Site.

If I receive legal permanent residency, will I be required to perform U.S. military service?

Though required military service is unlikely, every male alien between the ages of 18 and 26 must register under the provisions of the Military Selective Service Act within thirty (30) days following the date on which he entered any part of the United States, except for an alien admitted to the United States as a nonimmigrant who is maintaining a lawful nonimmigrant status in the United States. Aliens who have been admitted as permanent residents or who have acquired permanent residence status after admission are also required to register. For additional information, you may contact the National Headquarters, Selective Service System, 600 E. Street, NW. Washington, D.C. 23435.

Why do you have to take my fingerprints and how much does it cost?

A strict background check is required for all visa applicants. As part of this check, we routinely take electronic fingerprints of all ten fingers of our applicants age 7 and older at the Applicant Service Center (ASC). There is no additional charge for this service.

I was arrested in the past. What should I do?

If you have ever been arrested for any reason, at any time and in any country, you must tell the consular officer during your immigrant visa interview. On form DS-260, you will be asked whether you have ever been arrested. You must answer these questions truthfully, and you must explain the details of your situation. Bring to your visa interview all documentation concerning any and all arrests, even if the charges were dropped or you were acquitted, pardoned or given amnesty. In addition, you must provide a copy of the statute under which you were arrested and a translation of the statute into English. The consular officer will review the evidence and make a decision as to whether or not you are eligible for a visa.

What is a fiancé (K-1) visa and how do I apply for one?

The K-1, or fiancé visa, is for foreigners who wish to marry a U.S. citizen in the United States and then become legal permanent residents without having to leave the United States. A K-1 is technically a non-immigrant visa but because the process is similar to that of an immigrant visa, the Consulate’s immigrant visa handles all K-1 visa applications. K-2 visas are for the children (under 21 years of age) of K-1 applicants. Review the K-1 (Fiancé) information on this website or visit the Department of State website for more information on K-1 visas.

What is a K-3 visa and how do I apply for one?

The K-3 visa is for spouses of U.S. citizens where a Form I-130 (Petition for Alien Relative) has been filed, but has not yet been approved by U.S. Citizenship and Immigration Services (USCIS), or has been approved by USCIS, but has not yet been received by the Consulate’s immigrant visa unit. This type of visa allows the holder to travel to the United States and then become a legal permanent resident via adjustment of status. A K-3 is technically a non-immigrant visa but because the process is similar to that of an immigrant visa, the Consulate’s immigrant visa handles all K-3 visa applications. K-4 visas are for the children (under 21 years of age) of K-3 applicants. Review the K-3 (Spouse) information on this website or visit the Department of State website for more information on K-3 visas.

I still have immigrant visa questions. How can I find more information?

Information on applying for a visa can be found online at the State Department Website. For general information, the status of your visa case, or to make or change an appointment, you may contact our call center.

Consulate General of the United States Ciudad Juarez, Mexico

Visas