Applying For An Immigrant Visa
In general, any applicant for an immigrant visa must be the Beneficiary of an approved Petition, which comes under the jurisdiction of the U.S. Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS).
Certain applicants such as priority workers, investors, certain special immigrants, and diversity immigrants can petition on their own behalf. All other intending immigrants must have a qualifying family member or potential employer file a Petition for them.
Applicants for family sponsored immigrant visas who believe they are entitled to immigrant status based on a relationship to a United States citizen, or legal permanent resident, should ask the family member to file a Petition (Form I-130) with USCIS.
Effective worldwide August 15, 2011, overseas petitioners will be required to file Form I-130, Petition for Alien Relative, by mail with the US Citizenship and Immigration Service (USCIS) unless the petitioner lives in a country with a USCIS office. U.S. Embassy Caracas has no USCIS office, and therefore will no longer be able to accept petitions locally.
For more information on filing an immigrant visa petition by mail, please see USCIS’s website.
Applicants for employment based immigrant visas who believe they are entitled to immigrant status based on proposed employment in the United States, require a Petition (Form I-140) approved by USCIS in the United States. Persons described as Priority Workers may petition on their own behalf through USCIS, while others must have their prospective employers file their petitions. Prior to filing a petition with USCIS, applicants for classifications as members of the professions, must obtain certifications from the U.S. Department of Labor that there are no qualified workers available in the U.S. for the proposed employment.
Persons seeking special immigrant or returning resident status and United States government employees must petition to the Secretary of State through a United States consular office abroad. Most other special immigrants must file a Form I-360 petition with USCIS.
An investor must file a Form I-526 petition with USCIS.
Diversity Immigrants must file an application with the Secretary of State. Provisions for submission of registration applications will be announced by the Department of State in advance of each year's application period. Only one such application may be filed each year. Please to be sure to include all eligible family members, regardless of their intention to immigrate if selected. Also be sure to list your correct country of birth. Applicants who neglect to list eligible family members or their country of birth, rather than a second nationality, will be disqualified as winners of the lottery. Aliens who qualify through random selection must apply for and receive their visas within one year of selection. Since there are a limit on diversity visas, they should not procrastinate in applying for their visas. Interested applicants should be careful to only follow the U.S. Department of State guidance when applying for the Diversity Lottery as there are a number of scams. Applying for the Diversity Lottery is free.
For more information on entering the Diversity Visa lottery, please consult the U.S. Department of State's website.
If you have already filed an I-130 petition with USCIS and have a 13-character application receipt number, you can check the status of your case online.