Immigrant Visa for Immediate Relatives

The Immigration and Nationality Act (INA) allows for the immigration of foreigners to the United States based on a relationship to a US citizen.

The “immediate relative” category includes the following:

• Spouse of a US citizen (IR-1);
• Spouse of a US citizen admitted in a conditional status (CR-1); The ‘conditional status’ is based on a marriage that is less than 2 years in duration for CR-1, or a parent/stepchild relationship based on a marriage that is less than 2 years in duration for CR-2. See below for more information.
• Child/step child of a US citizen (IR-2);
• Child/step child of a US citizen admitted in a conditional status (CR-2);
• Parent of an adult US citizen (IR-5)

Please also read the Information regarding US citizens marrying in Indonesia.

The Department of Homeland Security’s U.S. Citizenship and Immigration Service recently issued new rules that restrict the filing of I-130 petitions overseas.  The information below explains these changes.  Please read it carefully if you are considering filing a petition for an alien relative to immigrate to the United States.

Filing Instructions beginning August 15, 2011:

Beginning August 15, 2011, petitioners residing overseas who wish to file a Form I-130, Petition for Alien Relative, may do so as follows:

• If the petitioner resides in a country in which USCIS has a public counter presence, the Form I-130 may be filed directly with the USCIS field office (see instructions below) or through the USCIS Chicago Lockbox at one of the below addresses.

• If the petitioner resides in a country where USCIS does not have a public counter presence, the Form I-130 must be filed with the USCIS Chicago Lockbox at one of the addresses below, unless the petitioner requests and is granted an exception based on one of the criteria described below:

USCIS Chicago Lockbox addresses for regular mail deliveries:

USCIS
P.O. Box 804625
Chicago, IL 60680-4107

USCIS Chicago Lockbox address for express mail and courier deliveries:

USCIS
Attn: I-130
131 South Dearborn-3rd Floor
Chicago, IL 60603-5517

For additional information about how to file a Form I- 130 with the USCIS Chicago lockbox, please see the USCIS website or contact USCIS by phone at 1-800-375-5283.

Filing at USCIS Overseas field offices:

From August 15, 2011, petitioners residing in a country where USCIS has a field office, with a public counter, may choose to file the Form I-130 either through the Chicago lockbox or at the USCIS field office.  Petitioners should contact the USCIS field office with any questions regarding the filing of petitions.  For more information on where USCIS has overseas field offices and contact information, please visit International Immigration Offices.

Exceptional Filing at U.S. Embassies or Consulates without a USCIS Field Office:

Beginning August 15, 2011, petitioners, who do not reside in a country with a USCIS field office, but who believe that their situation merits an exception, may request an exception to allow the Consular Section at the Embassy or Consulate to accept the filing.  Each request for an exception will be evaluated individually.

A petitioner seeking to file a Form I-130 at an Embassy or Consulate where USCIS does not have a presence should contact the Consular Section to request consideration of the request for exception and explain the circumstances in detail.  The Consular Section will then relay the request for an exception to the USCIS field office with jurisdiction over the Embassy or Consulate.  The determination of whether the case presents exceptional circumstances that warrant an exception to the general filing process will be made by USCIS.

Please contact the Consular Section at jakiv@state.gov for further information.

After USCIS approves a petition, they will forward it to the National Visa Center (NVC) for further administrative processing.  NVC will begin processing all immigrant visa applications for petition cases submitted to a USCIS center in the United States.  All relevant documents, such as birth certificates, marriage certificates and police certificates, must be submitted directly to the NVC.  

Once NVC determines the file is complete with all the required documents, they schedule the applicant’s interview appointment.  NVC then sends the file, containing the applicant’s petition and the documents listed above, to the U.S. embassy or consulate where the applicant will be interviewed for a visa.

Applicants should bring their valid passports, as well as any other documentation not already provided to NVC, to their visa interviews.

Immigrant Visa Interview

Visa interviews are a discussion between the consular officer and the applicant.  The US citizen petitioner may accompany the beneficiary to the interview, but may be asked to remain outside the room for part of the interview.  Due to space constraints, third parties (including lawyers) are generally not allowed to be present at the interview, though exceptions may be granted for those who do not speak Indonesian or English and need a translator, or those who need physical assistance.

All visa applicants between age 14 and 80 will have fingerprints scanned at the time of the interview.

Each applicant, regardless of age, must appear in person for his/her interview.  At that time, all the documents will be evaluated and a decision will be made.  There can be no guarantee regarding the outcome of the interview, and applicants are advised not to make travel arrangements until after the visa has been approved.

Please note that you should plan to be at the Embassy throughout the entire morning.

Applicants may be found ineligible in accordance with immigrant visa law.  For example, if you have a communicable disease, have committed criminal acts, or are likely to become dependent upon public assistance, you will be found ineligible.  The two year foreign residency requirement for former exchange (J) visitors is also applicable.  If you are found ineligible, the consular officer will advise you if the law provides for a waiver.

After the Visa is Issued and Approved

Once you have received your immigrant visa, you must enter the US within 6 months of visa issuance to obtain an alien registration receipt or “green card” (Form I-151 or I-551) that will allow you to live and work legally in the U.S.

Upon admission to the U.S. as an immigrant, the airport immigration inspector will place a red stamp in your passport stating your class of immigrant entry, work authorization and alien registration number.  Please remember your alien registration number, which starts with A#.  Sometime between 3 to 6 months after entering the U.S, you will receive your alien registration card (I-551, also known as a “green card”) from the USCIS at the U.S. mailing address written on the front of your visa packet.  Either your passport with the immigrant entry stamp or your green card is evidence of your lawful presence in the U.S.

If you have not received your card in the mail within six months, you must complete the I-90 form.  Receiving this card is very important because after one year, the stamp in your passport will expire.  Therefore, you must have your permanent green card in hand by that time.  You must also contact USCIS if you change addresses or will not be able to receive your green card at the address on the front of the visa packet.  Please always keep the USCIS informed of where it can reach you.

If you wish to travel out of the U.S. before you receive your green card, please be sure you have a valid immigrant entry stamp on your passport.  You should have received that stamp at the port of entry from the airport immigration inspector.  Otherwise, you will need to get a special boarding letter from a U.S. consul or USCIS immigration officer at a U.S. Embassy overseas, for which there is a fee.

In the future, if you plan to live outside the US for more than 12 months, you must apply for a re-entry permit (I-131 travel document) from the USCIS in the U.S. at least 30 days PRIOR to the proposed date of departure.  The maximum validity of this document is 2 years.  Without a re-entry permit, any absence from the U.S. of 12 months or longer, or any residence established outside the U.S., is considered grounds for loss of permanent residence status. 

Social Security Cards: If you requested a Social Security number (SSN) on your IV application DS-230, Part II, and you are age 18 or older when you arrive in the U.S., we will pass your request to the Social Security Administration (SSA).  Therefore, you will not need to apply separately or visit SSA.  SSA will issue you a SSN by mail several weeks after you arrive.

If you did not request a SSN when you applied for your IV, or if you are under age 18, you must visit a SSA office in the U.S. to apply for an SSN.  When you visit SSA bring:  your passport with your Machine-Readable Immigrant Visa (MRIV) or green card, if you have it, and birth certificate with translation for each member of your family applying for a SSN.  For details please visit SSA website.

Important Notice:
If you receive immigrant status as the result of a marriage to a U.S. citizen before the second anniversary of your marriage, you will be admitted as a conditional (CR), not permanent (IR), legal resident.  To gain permanent resident status, please file an I-751 with the DHS within 90 days of the expiration of your conditional status, which is stated on the front of your green card.  You and your spouse must apply together to remove the conditions on your residence. The expiration date on your alien registration card (commonly known as green card) is also the date of your second anniversary as a conditional resident. If you do not apply to remove conditional status in time, you could potentially lose your conditional resident status and face possible removal from the United States.