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.