How to Apply for Immigration to the USA

Last Updated: June 1, 2021 References

Immigration to the United States is governed by the federal Immigration and Naturalization Act, which limits annual immigration to 675,000 permanent immigrants from around the world. Immigrants are divided into categories based on their reasons for wanting to move to the U.S. permanently, each with separate limits for the number of immigrants admitted each year. Applying for immigration to the U.S. is a complex process that can take as long as a year to complete after your petition is accepted. ^{[1]
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Part 1

Part 1 of 3:

Submitting a Petition

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1
Consider hiring an attorney. The immigration application process is complex, and many of the forms can be confusing. An experienced immigration attorney in the U.S. can facilitate the process for you and make sure all documents are correctly filled out and filed.
- Look for an attorney who is a member of the American Immigration Lawyers' Association, a professional organization for experienced attorneys who specialize in immigration law. ^{[2]
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- You also should make sure you check the record of any attorney you're considering hiring with the state bar association in the state where he or she is licensed. ^{[3]
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  Research source} Make sure the attorney is reputable and has no significant complaints or disciplinary records.
- You should be able to have a free consultation with several attorneys so you can find out what they can do for you and observe their demeanor and the way they treat their clients.
- All immigration cases are different, so you also should make sure the lawyer has experience handling your type of application. ^{[4]
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  Research source} For example, if you plan to immigrate to the U.S. because you have a job offer, you probably don't want to use an attorney who specializes in fiancé immigration applications.
- If you're concerned about your ability to afford an attorney, you may be able to find free or reduced-cost representation through a nonprofit immigration organization or other legal aid society. The Immigration Advocates Network has a nationwide list of these organizations available at http://www.immigrationlawhelp.org .
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2
Choose a sponsor. Typically your sponsor will be a U.S. citizen who is your spouse, parent, child, or sibling. ^{[5]
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- Lawful permanent residents also can serve as sponsors for their spouses or unmarried children. ^{[6]
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- Your sponsor also may be your employer, if you are applying for immigration because you have a job in the U.S.
- All sponsors must be over the age of 18 and live in the U.S. or in any of the U.S. territories or possessions, either as a citizen, a U.S. national, or a lawful permanent resident. ^{[7]
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3
Have your sponsor complete the appropriate form. Relative sponsors must complete Form I-130, while employer sponsors must complete Form I-140. ^{[8]
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- Your sponsor can download Form I-130 and instructions from the U.S. Citizenship and Immigration Services website at http://www.uscis.gov/i-130 .
- Employer sponsors can download Form I-140 and instructions from the USCIS website at http://www.uscis.gov/i-140 .
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4
File the petition with the USCIS. Your sponsor must file the petition on your behalf at the appropriate USCIS processing location by mailing it using the U.S. Postal Service.
- The USCIS has two Lockbox facilities for filing Form I-130. Whether your sponsor must file the petition at the Phoenix location or the Chicago location depends on the state in which he or she lives. ^{[9]
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  US Citizenship and Immigration Services
  U.S. government agency in charge of the naturalization and immigration systems
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- Form I-130 must be accompanied by a $420 filing fee. ^{[10]
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  US Citizenship and Immigration Services
  U.S. government agency in charge of the naturalization and immigration systems
  Go to source}
- Where your sponsor files Form I-140 depends on whether he or she is filing the form by itself, or with other forms. ^{[11]
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  Trustworthy Source
  US Citizenship and Immigration Services
  U.S. government agency in charge of the naturalization and immigration systems
  Go to source}
- Form I-140 must be accompanied by a $580 filing fee. ^{[12]
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  Trustworthy Source
  US Citizenship and Immigration Services
  U.S. government agency in charge of the naturalization and immigration systems
  Go to source}
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5
Wait for USCIS approval. It may take up to 30 days for the USCIS to process your petition and send your notice of approval. ^{[13]
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- Once your petition is approved, it will be sent to the Department of State's National Visa Center. ^{[14]
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- Even if the USCIS approves your visa petition, it may take several months or even years before you get a visa number and the NVC begins processing your application. This is because U.S. law limits the number of immigrant visas available each year depending on your immigrant category and your country of citizenship. ^{[15]
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- For example, if your sponsor is your spouse, parent, or adult child, it should take a minimal amount of time to proceed to the next step because immigrant visas are not limited in these categories. ^{[16]
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  Research source} This is because U.S. immigration policy prioritizes family unification.
- If your application falls into any other category, you must check your priority date to find out how long you will have to wait for your visa. The NVC has a priority date checker available on its website. ^{[17]
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- After your petition is approved, you will receive a welcome letter from the NVC that includes your NVC case number, beneficiary ID number, and invoice ID number. Keep this information in a safe place, because you will need these numbers to complete the application process. ^{[18]
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6
Choose an agent. Your agent is the person who receives information and notices from the NVC regarding your immigration application. ^{[19]
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- You may act as your own agent. However, you may want to choose your petitioner/sponsor, another family member, or your attorney. ^{[20]
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- Regardless of who you choose to act as your agent, you must complete a DS-261 form to let the USCIS and the NVC know of your choice – even if you plan to act as your own agent. ^{[21]
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  Research source} This form is available at the Department of State's Consular Electronic Application Center (CEAC), which you can access at https://ceac.state.gov/IV/Login.aspx by entering your case number.
- Once you've submitted Form DS-261, it may take as many as 15 days for the NVC to process it and add the information to your case file. ^{[22]
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7
Pay your processing fees. After you choose your agent, you must pay the processing fees for your immigrant visa application and your affidavit of support. ^{[23]
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- The total amount you must pay will be listed on the invoice you received with your NVC welcome letter. That amount varies depending on your immigrant category and other factors. For example, you must pay $325 to process an I-130 petition and $120 for an affidavit of support review. ^{[24]
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- The quickest way to pay your fees is online; however, you must have a checking or savings account at a U.S. bank to pay online. To make a payment, you must enter the routing number and account number for that account. ^{[25]
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- If you have access to a U.S. bank account, you can access the Department of State's Immigration Visa Invoice Payment Center at https://ceac.state.gov/CTRAC/Invoice/signon.aspx . You must have the NVC case number and invoice ID number from your NVC welcome letter to login to that system. ^{[26]
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- It may take up to five days to process online payments. ^{[27]
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- If you don't have a U.S. bank account, you can pay by mail with a cashier's check or money order made out to the U.S. Department of State for the amount listed on your fee invoices. Write your NVC case number on the memo line of the cashier's check or money order and mail it along with the invoice itself to NVC Fee Processing Center, P.O. Box 790136, St. Louis, MO 63179-0136. ^{[28]
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- Keep in mind that if you pay your fees by mail rather than online, it will take longer to process your application and move forward to the next step. The NVC will notify you when your payment has been received and processed. ^{[29]
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