Immigrant Visas

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Immigration to the U.S. is possible if a U.S. citizen family member (a wife, husband, mother, father, brother, sister, or son/daughter over 21) or a U.S. legal permanent resident family member (wife, husband, mother or father who has immigrated to the U.S. already and has a "green card") files an I-130 petition with the U.S. Citizenship and Immigration Service (USCIS) for the family member who wishes to immigrate to the U.S.

There are two stages in this process:

  1. The U.S. citizen or permanent resident must first file a petition (form I-130) with the USCIS Service Center in the U.S. with jurisdiction over his/her place of residence; processing time is approximately 8 weeks. U.S. citizens who are legally residing in Venezuela may file their petitions in person at the U.S. Embassy in Venezuela.
  2. After receiving the approved petition from USCIS, the Department of State, Immigrant Visa Unit at the U.S. Embassy in Venezuela processes the case to conclusion, conducts the final visa interview. Once the applicant has obtained all required supporting documents and administrative processing has been completed, he/she will receive an appointment for the medical examination and formal visa interview (normally with a time period of 3- 5 weeks).

If you want to submit a petition and/or receive information from the U.S. Embassy in Venezuela please forward inquires via email to Immigrantcaracas@state.gov.

If your I-130 petition has been approved and you would like to know about the status of your immigrant visa you should email the Immigrant Visa Unit in Venezuela at Immigrantcaracas@state.gov for further information.

If your petition has been filed but not approved, please contact the USCIS office where the petition was filed. If filed at the Embassy in Venezuela, please contact the Immigrant Visa Unit at Immigrantcaracas@state.gov.

In order to apply for an employment-based immigration visa, the U.S. firm (unless the would-be immigrant is in that category of self-petitioning applicants) should contact the local USCIS office or Department of Labor in the U.S. for further information.

All employment-based petitions (forms I-140) must be filed at one of the USCIS Service Centers in the U.S.

An immigrant visa cannot be issued until an approved petition from the USCIS is received from the U.S. by the immigrant visa unit, and all administrative processing has been completed.

Part of the approval process for these petitions is normally a positive decision by the U.S. Labor department to approve the need to employ a non-U.S. citizen for a particular open position.

There are two stages in this process:

  1. The U.S. firm will normally file a request for labor certification with the appropriate labor office and an I-140 petition for immigration with the appropriate USCIS Service Center. Once the petition has been approved – subject to the approval from the Department of Labor, USCIS will inform the prospective employer and the U.S. Immigrant Visa Unit in Venezuela via National Visa Center Portsmouth.
  2. Once the approved petition to immigrate is received in Venezuela, the applicant will be notified by mail concerning further steps. Once administrative processing has been completed and the applicant has informed them that he/she has all required documents, a visa number will be requested (normally takes 2 months). After a visa number is available an appointment will be made for the medical examination and formal visa interview (takes place in Venezuela).

If you want to submit an application and/or receive information from the U.S. Embassy in Venezuela please forward inquires via email to Immigrantcaracas@state.gov.

If your I-140 petition has been approved and you would like to know about the status of your immigrant visa you should email the Immigrant Visa Unit in Venezuela at Immigrantcaracas@state.gov for further information.

If your petition has been filed but not approved, please contact the USCIS office where the petition has been filed.

The "V" categories of nonimmigrant visas created by the LIFE Act may be issued to certain spouses and children of Legal Permanent Residents. Under the LIFE Act, those issued any of these visas may enter the United States as nonimmigrants to rejoin family members and await the availability of a visa number in the United States rather than abroad. Once a visa number is available, those applicants may apply for adjustment of status in the United States, or they may seek issuance of an Immigrant Visa at the appropriate consular office abroad. In order to qualify for a V Visa, you must meet the following requirements:

  1. You are the spouse or child of a Legal Permanent Resident;
  2. You have a priority date that is at least three years old;
  3. You have not yet been scheduled for an Immigrant Visa interview with a consular office or with USCIS for adjustment of status. If an appointment has been scheduled at this time, you may not opt to apply for a V visa instead of continuing processing your Immigrant Visa; and
  4. You have received an informational letter from the National Visa Center (NVC) concerning V Visas.

    If you feel that you meet the above-mentioned requirements, please provide the following biographic data to the US Embassy so that your qualifications for this category may be assessed via email at Immigrantcaracas@state.gov:

  5. Your full name (including all names ever used or by which you are known);
  6. Your date of birth; place of birth;
  7. The full names and dates of birth of your children;
  8. Your address, your telephone and/or fax number;
  9. Information about who filed the immigrant visa petition on your behalf , when, and were it was filed;
  10. A copy of your Approval Notice (I-797) or letter from National Visa Center.

For more information, visit www.uscis.gov or www.state.gov.

K-3 This visa category is available to the spouse of a U.S. citizen for whom an immigrant visa petition (Form I-130) has been filed with USCIS, but due to processing delays the petition has not yet been approved by USCIS. This nonimmigrant visa status allows for the spouse and his or her minor children to enter the United States to wait for the USCIS approval of the immigrant visa petition. Issuance of a K-3 Visa is further dependent on a second petition (Form I-129F) approved by USCIS. If the marriage occurred outside the United States, a K-3 may only be issued by a consular officer in the country where the marriage took place. The K-3 Visa is a permanent addition to the list of visa classifications. K-3 visas will be available to those whose I-130 petitions are filed before, on, or after the date of the enactment of the LIFE Act.

K-4 This visa category is available to minor children of U.S. citizens for whom an immigrant visa petition has been filed with USCIS, but due to processing delays, the petition has not yet been approved by USCIS. This new nonimmigrant visa status allows these minor children to enter the United States to wait for USCIS approval of the immigrant visa petition. However, issuance of a K-4 Visa is further dependent on a K-3 Visa being issued concurrently to one parent.

If you feel that you meet the above-mentioned requirements, and would like to find out more information about applying for a K-3 or K-4 Visa, please email information to Immigrantcaracas@state.gov so that your qualifications for this category may be assessed.

If you have a pending K-3 or K-4 Visa and want to know if your petition has arrived at the Embassy, email information to Immigrantcaracas@state.gov.

When your petition arrives, you will be notified about further processing.

Those who are engaged to a U.S. citizen and wish to marry in the U.S. and live there permanently must apply for a fiancé visa.

Begin this process well before the date of the wedding. Plan on a processing time of 3 - 6 months for your fiancé visa from beginning to end.

Process:

  1. The U.S. citizen must first file a petition for a fiancé visa at a United States Citizenship and Immigration Services Office in the U.S.
  2. After the USCIS Office in the U.S. approves the petition, which may take three months or longer, the U.S. Immigrant Visa Unit in Venezuela and the U.S. citizen petitioner will be notified. The Immigrant Visa Unit at the Consular Section in Venezuela will handle the final visa processing and issuance.
  3. Processing of the petition/visa application in Venezuela will take 2 to 4 months, as the applicant is subject to the same processing as an applicant for an immigrant visa. This means that he or she will be required to obtain certain documents, and undergo a medical examination and visa interview which will take place in Venezuela.
  4. Once the immigrant visa unit has issued your fiancé visa, you may travel to the U.S. within the next six months. The legal marriage must take place within 90 days of entering the U.S.
  5. Following the marriage, non-U.S. husbands or wives qualify for temporary permanent resident status (convertible into full permanent resident status after two years) and may live and work in the United States. They must notify USCIS immediately after marriage.
  6. The spouse is not, however, eligible for immediate U.S. citizenship. Normally, U.S. citizenship can be applied for only after a legal permanent resident has, among other requirements, resided in the United States for 3-5 years.

ALTERNATIVE:

Instead of applying for a fiancé visa, applicants might consider getting married in Venezuela and have their U.S. citizen spouse file for an immigrant visa with USCIS in the U.S. after they are married. Please note, though, that the waiting period will be about the same, and the chances of being issued a nonimmigrant visa while the immigrant visa application is pending are extremely low. For information about petitions please go to the following Website: www.uscis.gov

If the couple is simply planning to get married in the United States and then return overseas to live and work, the fiancé may enter on a Visitor Visa (or visa waiver if eligible); provided, the fiancé is able to convince the USCIS officer at the U.S. border that he or she will return overseas after the wedding. In order to obtain information concerning Venezuela’s requirements regarding recognition of a marriage abroad, please contact the Venezuelan government.

The United States makes available 50,000 permanent residence visas each year by random selection to persons from countries that have low rates of immigration to the United States.

For further information on DV Lottery, visit Department of State Website at http://www.travel.state.gov

If your green card has been lost or stolen, or if you forgot to take it with you the last time you left the U.S., you must request to schedule an appointment via email to Immigrantcaracas@state.gov.

The USCIS or any other U.S. Embassy or Consulate may be able to provide you with a transportation letter that is valid for 30 days, which is usually ready within 24 hours.

Please bring:

  • a valid passport
  • a police report
  • proof to demonstrate that you have not been outside the United States for more than one year. For example, an entry stamp in your passport or an airline ticket from you most recent departure from the US
  • four (4) photographs
  • Form I-90 & Supplement and
  • USD165 or the equivalent in bolivars Fuertes for payment

A lost or stolen green card cannot be re-issued; however a replacement may be issued in the U.S., upon filing a Form I-90.

If you spent more than one year outside the United States and this was not on U.S. government orders, the USCIS cannot issue a transportation letter. However, you may be able to qualify for the status of a returning immigrant. If this is the case, please contact the Immigrant Visa Unit (not USCIS).

For more Information access the following Website www.uscis.gov

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