How Do I Get an Immigrant Visa Number?
By Eric Harvey, J.D. | Legally reviewed by Meagan Neil, Esq. | Last reviewed September 12, 2023
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An immigrant is someone who is not a U.S. citizen but has been authorized to live and work in the United States permanently.
If you want to immigrate to the United States, you must go through a three-step process. In this three-step process, you will fill out and submit an immigrant visa application to obtain a U.S. visa.
Immigrant Visa Number General Process
First, the U.S. Citizenship and Immigration Services (USCIS) must approve an immigrant petition for you. An employer or a relative usually files this request for you as the first step in the immigrant visa process.
Second, a visa number through the State Department must be immediately available to you, even if you are already in the United States. If you receive an immigrant visa number, it means an immigrant visa has been assigned to you.
Third, if you are already in the United States, you may apply to adjust to permanent resident status after a visa number becomes available for you. If you are outside the United States when this happens, you must go to your local U.S. consulate or U.S. embassy to complete your processing. At a U.S. consulate, a consular official will assist in completing that processing.
How Long Does It Take To Get an Immigrant Visa Number?
U.S. law limits the number of immigrant visa numbers available every year. The Immigration and Nationality Act (INA) sets this number. It's possible that even if the USCIS approves an immigrant visa petition for you, you may not get an immigrant visa number immediately.
Several years could pass before the State Department gives you an immigrant visa number. This takes place only after the USCIS approves your immigrant visa petition. U.S. law also limits the number of immigrant visas available by country. This means you may have to wait longer if you come from a country with a high demand for U.S. immigrant visas. If you come from a country with high demand, expect longer wait times for approval and issuance of your visa.
Who Is Eligible?
People who want to become immigrants are divided into categories based on a preference system. Immediate relatives of U.S. citizens do not have to wait for an immigrant visa number to become available after the USCIS approves an application. Immediate relatives of U.S. citizens include parents, spouses, and unmarried children under the age of 21. An immigrant visa number will be immediately available for immediate relatives of U.S. citizens.
Under family-based classification, applications receive priority. Having a family member who is already a U.S. citizen always helps. The relatives in the remaining categories must wait for a visa to become available according to the following preferences:
- First preference: Unmarried, adult sons and daughters of U.S. citizens; adult means 21 years of age or older
- Second preference: Spouses of lawful permanent residents and the unmarried sons and daughters (regardless of age) of lawful permanent residents and their children
- Third preference: Married sons and daughters of U.S. citizens, their spouses, and their minor children
- Fourth preference: Brothers and sisters of adult U.S. citizens, their spouses, and their minor children
Every person who wants to become an immigrant based on employment must wait for an immigrant visa number to become available according to the following preferences:
- First preference: Includes “priority workers"; priority workers include people with extraordinary abilities, outstanding professors and researchers, and certain multinational executives and managers
- Second preference: Members of professions holding advanced degrees or persons of exceptional ability
- Third preference: Skilled workers, professionals, and other qualified workers
- Fourth preference: Certain special immigrants, including those in religious vocations
- Fifth preference: Employment creation immigrants
Green card holders may go through an employment-based immigrant process. Green card holders are those with legal authorization to work in the United States.
Applying for an Immigrant Visa Number
You do not directly apply for an immigrant visa number. In most cases, your relative or employer sends a visa petition to the USCIS for you (the beneficiary) to become an immigrant. Certain applicants can petition on their own behalf. This kind of applicant includes priority workers. It also includes investors, certain special immigrants, and diversity immigrants.
USCIS will tell the person who filed the visa petition (the petitioner) if the visa petition is approved. USCIS will then send the approved visa petition to the U.S. Department of State's National Visa Center. There, it will remain until an immigrant visa number is available.
The Center will notify you (the beneficiary of the application) when the visa petition is received. It will notify you again when an immigrant visa number is available. You do not need to contact the National Visa Center unless you change your address. You would also only need to contact the Center if you experience a life-changing event that may affect your eligibility for an immigrant visa.
How Can I Find Out When an Immigrant Visa Number Will Be Available?
Each approved visa petition is placed in chronological order according to the date the visa petition was filed. The date the visa petition was filed is known as your priority date. The State Department publishes a bulletin that shows the month and year of the visa petitions on which they are working. It is broken down by country and preference category (see eligibility information above).
You can estimate the amount of time it will take to get an immigrant visa number by comparing your priority date with the date listed in the bulletin. For instance, suppose you look under your country and preference category. When you do so, you see that the U.S. Department of State is working on applications they received in May 2003. If your priority date is May 2005, then you may have to wait several more years for a number to become available.
Questions About Immigrant Visa Numbers? Talk to an Attorney
Immigration matters are complicated. It can be easy to miss opportunities or overlook potential problems with USCIS, U.S. Customs and Border Protection, or the Department of Homeland Security. Immigrating can be stressful. Pursuing an adjustment of status can also be extremely difficult. It's a good idea to contact a local immigration law attorney. They can answer any questions you may have about how to get an immigrant visa number or discuss the details of your case.
Can I Solve This on My Own or Do I Need an Attorney?
- Some people can get a green card or complete immigration forms without hiring legal help
- Complex immigration cases (such as having a criminal history or past immigration violations) may need the support of an attorney
The immigration process can be complicated and slow. An attorney can offer tailored advice and help prevent common mistakes.
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