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Immigrant Visa and Permanent Residency Process

  • Visa Types and Status

    • Temporary Visa
    • Nonimmigrant visa allows entry to the U.S. for a limited time.
    • No opportunity for permanent residency or citizenship.
    • Permanent or Immigrant Visa
    • Grants permission to stay in the U.S. indefinitely but is not a guarantee for citizenship or permanent residency.

  • Process for Permanent Residency

    • After entering with a permanent/immigrant visa, one must apply for permanent residency.
    • Form I-485
    • Permanent residence processing form.
    • Fee: $1,140 (non-refundable, even if denied).
    • It’s possible to be denied permanent residency even after having the visa.
    • Applicants must remain in the U.S. during processing; no vacations allowed.

  • Residency Status

    • Upon approval of I-485, you attain permanent residency but must reapply after two years to continue your status.
    • Reapplication Fees:
      • Processing Fee: $455
      • Biometrics Fee: $85
    • Permanent residency valid for 10 years, requires renewal every ten years.

  • Dependant on Marriage

    • Spouses are often required to prove the legitimacy of their marriage.
    • In the case of divorce, the individual may still retain residency but may face challenges during renewal.

  • Path to Citizenship

    • Eligible for citizenship after being a permanent resident for five years or three years if married to a U.S. citizen.
    • Requires passing a citizenship test, which assesses knowledge of U.S. civics and history.

  • Citizenship Application (Form N-400)

    • Processing Fee: $640
    • Biometrics Fee: $85

  • Interview Process

    • Applicants must attend an interview with USCIS, where they can be asked questions about their application and qualifications for citizenship.
    • If approved, applicants will take an oath of allegiance to the United States.

  • Important Considerations

    • The process is arduous, and denials are possible at any stage.
    • Support for permanent residents includes evidence of ability to financially support themselves to ensure they do not become a public charge.