Immigration and Visas

The best method for beginning the visitor visa process is to write a personal invitation to your friend or relative. You should include the reason or reasons for your invitation, and how long you would like the person to visit. For example, you might explain to your friend or relative that he or she is welcome to stay in your home for three months. You might then list the activities you have planned. You may also wish to write about family members who are anxious to meet this person.

Next, you will want to complete an Affidavit of Support (I-134). The purpose of the Affidavit of Support is to assure the United States government that your friend or relative will be financially secure during his or her visit.

When your friend or relative receives the letter combined with the Affidavit of Support, he or she will need to gather appropriate evidence to demonstrate to the consular officer that he or she will be returning to the country of residence after a visit to the United States. This evidence may include any or all of the following:

• The deed to a home or other property
• Proof of ownership of an automobile
• A letter from his or her employer verifying employment and stating that leave has been given
• Bank statements
• Evidence of dependent family members remaining abroad

Keep in mind that the Immigration and Nationality Act of 1952, as amended, reads, "To qualify for a visitor's visa, an applicant must show that he or she has a residence abroad which he or she has no intention of abandoning and that he or she will depart the United States upon the completion of his or her visit. A permanent residence abroad is generally established by proof of compelling economic, family, and professional ties abroad." This means that the person whom you are sponsoring must present to the consular officer at the time of interview any documentation which proves that he or she will return home. Otherwise, the officer must deny the visa in accordance with United States law.

Additionally, the Act states that "The consular officer must objectively evaluate each application and decide if an applicant has sustained the burden of proof required by law." This means that all decisions made by the consular officer in any tourist visa case are final and cannot be overturned by congressional intervention. A consular officer is required to review an application only if new or additional evidence is submitted.

If you have any questions, please do not hesitate to contact Judy McCary in my Herndon District Office.

The following forms are needed to file a tourist visa application:
Form OF-156
Affidavit of Support Form I-134

Additional Information:
Visa Denials
This site gives information on various reasons why visas are denied and what you can do to overturn a denial. It is maintained by the U.S. Department of State.
U.S. Embassies and Consulates
Each U.S. post abroad has different procedures for applying for a tourist visa. For instance, some posts require appointments and while others have specific times they accept applications. Here, you can find the web site for the post where your friend or relative will be applying to obtain more specific information.
I-539 Form to Extend/Change Nonimmigration Status
This form is used by the beneficiary of a tourist visa in order to extend a stay in the United States. The form must be filed with the U.S. Citizenship and Immigration Services.

Fiancé(e) Visas
The "Petition for Alien Fiance(e)," form I-129F, is used by a United States citizen to allow his or her fiance(e) into the United States for the purpose of marriage. The citizen and his or her fiance(e) must be married within ninety days of the alien fiance(e)'s entry into the United States. If the marriage does not take place within the ninety-day time frame, the petition is rendered invalid and an adjustment of status to permanent resident will not take place.

One specific requirement of the I-129F may require the citizen to submit additional information to the U.S. Citizenship and Immigration Services along with the completed petition. Immigration law unequivocally states that the United States citizen must have met his or her fiance(e), in person, within two years prior to the filing of the petition. Therefore, the citizen must include documents that will establish that he or she has personally met his or her fiance(e). Some accepted documents are as follows:

• A copy of the United States citizen's passport showing that the citizen was in the home country of his or her fiance(e).
• A copy of the United States citizen's fiance(e)'s passport revealing that the fiance(e) was present in the United States.
• A copy of the United States citizen's passport along with a copy of the fiance(e)'s passport proving both were in another country simultaneously.
• Copies of photographs showing both the citizen and the fiance(e) together.
• Copies of letters from the United States citizen's fiance(e).
• Copies of telephone bills that show the citizen called his or her fiance(e).
• School transcripts showing the citizen and his or her wife both attended the same school together.
• A letter from a school saying that both the citizen and his or her fiance(e) attended the same school simultaneously.
• A letter from an employer stating that both the United States citizen and his or her fiance(e) were employed at the same facility together.

If the United States citizen has not personally met his or her fiance(e), he or she will need to refer to the petition for further instructions. In some cultures, strict and long-established customs may preclude the requirement that the citizen meet his or her fiance(e).

The application will instruct you to provide original documents with the petition. This regulation has changed, and you may send photocopies of the documents required. However, you must enclose a signed statement of attestation, which has been attached for your use. The statement guarantees that you will provide original documents if the U.S. Citizenship and Immigration Services requests.

All documents written in a foreign language must be translated into English. If the applicant is unsure where to go to have the documents translated, just ask. There are many organizations within the Northern Virginia area which will translate these documents. Some ideas are individuals from ethnic and religious organizations, which may know multiple languages.

To file the I-129F form with the U.S. Citizenship and Immigration Services, the following are needed:

• One Form I-129F The petitioner's birth certificate or certificate of naturalization.
• One completed Form G-325A "Biographic Data" for the petitioner (citizen), and one for his or her fiance(e).
• If either the citizen or his or her fiance(e) has had a previous marriage, documentation of how the marriage or marriages ended will need to be provided. Examples would be a death certificate or a divorce decree.
• A $95 fee in the form of a check or money order.

The petition must be filed at the following address:
USINS Vermont Service Center
75 Lower Weldon Street
St. Albans, VT 05479-0001

The best way to send the packet is "return-receipt requested," so that the petitioner might have a record that the U.S. Citizenship and Immigration Services received the completed petition. It is also suggested that a personal check be sent to cover the costs of processing, as opposed to a money order, which are difficult to trace. Cancelled checks may be traced with more ease. It is advised that cash never be sent.

In most cases, because of the Privacy Act, I will need a letter outlining your problem and giving me the authority to act on your behalf. Please click here to obtain a privacy release form which grants me permission to help you.

If you have any questions, please do not hesitate to contact my Herndon District Office.

Diversity Visa Lottery
The Diversity Visa Lottery allots visas to nationals of those countries which have low rates of immigration. 55,000 visas per year are granted under this program, which has several specific requirements.

Immigrant Visas
The Immigration and Nationality Act of 1952, as amended in 1965, is the main body of law dealing with immigrant visas. Under the Act, there are two ways to legally immigrate to the United States: as the beneficiary of either a family-based; or an employment-based immigrant visa.

Family-based Immigrant Visas
The Immigration and Nationality Act of 1952, as amended, provides for family reunification based on several immigrant visa categories.

If you wish to apply for a family member based on one of the categories listed by the Department of State, please follow the instructions below:

• Obtain a Form I-130 from the U.S. Citizenship and Immigration Services.
• Obtain two Form G-325 Biographical Data forms from the INS (only if you are filing for a husband or wife).
• Follow the instructions on the form, filing it with the appropriate office of the U.S. Citizenship and Immigration Services

The Immigration and Nationality Act of 1952 limits the number of visas that can be issued in certain categories. Therefore, all applications received after the numerical limit is reached are held until a visa is available. For this reason, visa applications are assigned a "priority date." A visa cannot be granted until this priority date becomes current.  I have been contacted by many people who ask me to expedite immigrant visas on behalf of members of their families. I can certainly understand the frustration that can be involved with waiting for a priority date to become current. However, there is no provision of law that allows me to expedite a visa case when a priority date has not become current.

Employment-Based Visas
Employment-based immigrant visas are subject to a similar set of quotas as family-based petitions. With employment-based immigrant visas, however, an employer must first have a labor certification approved by the U.S. Department of Labor. The purpose of this labor certification is twofold. First, it demonstrates that the job which the prospective immigrant will perform cannot be filled by an individual who is currently in the United States and eligible to work. Second, it certifies that the employment of the prospective applicant will not adversely affect the wages and working conditions of U.S. workers employed in a similar position.

To apply, you will need to request an I-140 packet from the U.S. Citizenship and Immigration Services

Other Questions
I am aware that you may have questions that I have not answered here. If you have more questions, please contact Judy in my Herndon office at (703) 709-5800.