Frequently Asked Questions on immigrant visa and how to apply for one.
Q: What is the difference between an immigrant and non-immigrant visa?
An immigrant visa is issued to a qualified person who has an approved petition based on a family or work relationship and who wishes to live in the U.S. permanently. A non-immigrant visa is issued to a person who is traveling to the U.S. for a specific purpose (vacation, studies, medical treatment, business, temporary work) and who will depart the U.S. after completion of that purpose.
Q: I brought all the required documents during my interview. Why am I being asked to bring other documents?
During the visa interview, the consular officer determines if additional documents are required to help establish your eligibility for visa issuance. Secondary documents are not statutorily required. However, applicants should submit secondary documents to help establish their qualifications. When you are asked to provide additional information or supporting documents, your application is generally refused under Section 221(g) of the Immigration and Nationality Act. A consular sheet is given to you after the interview indicating the additional documentation you should present.
Q: What else may delay a decision on my application?
The Embassy may ask the Philippine Government agency in charge of civil records or other official agencies to confirm or verify information about an applicant. An unterminated marriage to a person other than the petitioner, for instance, would disqualify an applicant with a spouse or a fiancé(e) petition.
The Embassy may also conduct investigations to determine the qualifications of applicants to be eligible for visa issuance.
When these extra steps are taken, visa issuance may be delayed. Applicants are advised not to finalize their travel arrangements until they have been issued visas.
Q: Will the same consular officer talk to me if I have to return to the Embassy?
There is no assurance that you will be seen by the same consular officer. All officers have access to the same information about your case and should review your application based on the same requirements.
Q: Can I request an earlier interview appointment? Or if I did not come for my scheduled interview, can I request a new interview appointment?
Applicants should call the Immigrant Visa Call Center or fax the Immigrant Visa Unit to request another appointment. They should specify the reason why another interview appointment is being requested. If you are eligible for another interview, the Embassy will queue your case for the new appointment. When the appointment is set, the Embassy will notify you of the interview date.
Q: Can the children of an immigrant visa applicant be included in a single petition?
Children of American citizens are considered Immediate Relatives (IR) and must have individual petitions filed for them. Petitions for immediate relatives may be filed simultaneously at the USCIS.
Children of applicants with family-based petitions (F category) may derive immigration benefits from the same petition provided that they are single and under 21. Such children are called “derivatives” for purposes of immigration. Only biological or legally-adopted children are entitled to derivative status. A non-orphan adopted child must have been legally adopted before the age of 16 and must have been in the physical and legal custody of the adoptive parent for at least two years.
A child born after a petition was filed and approved may be registered or added on to the petition as a derivative. The principal applicant needs to submit the child’s birth certificate printed on NSO paper either to the NVC or to the Embassy and pay the corresponding visa processing fee for each additional derivative.
Q. Can my child, who is nearing 21 years old, be issued a visa before he turns 21?
If visa numbers are available for you (or your visa case becomes current for processing) and your child is “aging out” (or turning 21), we are prepared to expedite the processing of the application. However, it is still the applicant’s responsibility to complete the application requirements in a timely manner.
U.S. immigration law requires that visa applications be strictly processed according to priority date because of the limited number of visas available worldwide. This means the Embassy will not process visa applications with priority dates that are not current. If your case is current for processing, you may proceed to St. Luke’s Medical Center Extension Clinic to pick up your appointment letter.
If you believe ageing out will affect your case, you may contact the Embassy by fax at (632) 301-2591 or by mail at:
From within the Philippines: Operations Unit , Immigrant Visa Branch, United States Embassy, 1201 Roxas Blvd., Ermita, Metro Manila 1000.
From outside the Philippines: Operations Unit , Immigrant Visa Branch, PSC 500, Box 26, FPO AP, 96515-1000 USA.
Q. What happens if a petition is filed by a Legal Permanent Resident (F2A or F2B) and the petitioner becomes a U.S. citizen before the applicant is called for an interview?
When the petitioner naturalizes, the F2A petition (spouse or minor child of a permanent resident) is automatically converted to an IR1 (spouse of an American) or IR2 (child of an American) petition. These visa categories are not subject to the visa quota system and will therefore always have visas available for the beneficiaries’ use if they qualify for visa issuance.
However, because there are no derivative beneficiaries allowed with IR petitions, children who are derivative applicants on a parent’s F2A application must each have a separate IR2 petition filed for them if the petitioner becomes a U.S. citizen. F2A petitioners who naturalize should make sure to file new IR2 petitions for their children (if they did not originally file separate petitions for them).
For F2B applicants (unmarried son/daughter of a permanent resident), their F2B petitions are automatically converted to the F1 category retaining the original priority date when their petitioners naturalize. Because of unique circumstances, the waiting period for the F1 category is longer than the F2B category in the Philippines. However, under Section 6 of the Child Status Protection Act (CSPA), the applicant (not the petitioner) can request exemption from the automatic conversion of the visa category from F2B to F1 by submitting to the Department of Homeland Security/U.S. Citizenship and Immigration Services (DHS/USCIS) a written statement that he/she elects to have such conversion revoked. The applicant may send the written request for retention of his/her F2B category to the DHS/USCIS office in Manila by fax at 301-2208 (Attn: Field Office Director) or by mail: DHS/USCIS, U.S. Embassy, 1201 Roxas Blvd., Ermita, Metro Manila 0930.
Q: I immigrated to the United States as the adopted child of a petitioner. Now that I am a United States citizen, can I petition for my natural parent(s)?
No. Once your are issued an immigrant visa as an adopted child, your biological parents can no longer benefit from a petition that you file.
Q: We have raised a child who is neither our biological or legally adopted child. Can he/she be included as a derivative on our immigrant visa application?
No. A child may only become your derivative if that child is either born to you or meets the definition of an adopted child under the Immigration and Nationality Act. If you attempt to bring in a child who does not meet any of these definitions, you risk being denied an immigrant visa and being barred permanently from entering the United States. See Adopted Children for more information on adopting in the Philippines.
Q: I was petitioned by a relative several years ago, but my petitioner has moved back to the Philippines. Can I still immigrate to the United States?
U.S. immigration law requires that petitioners be domiciled or reside in the United States. The purpose of family-sponsored immigrant visas is to reunite family members. For more information on this issue, please see the section on What is the U.S. Domicile Requirement For Petitioners?.
Q: Can a child born outside the United States to Legal Permanent Residents enter the United States?
A child born abroad to parents who are U.S. Legal Permanent Residents may enter the United States without a visa, provided the child is accompanied by a parent, upon that parent’s first return to the United States within two years of the child’s birth. The parent must provide reliable documentation showing the parent-child relationship.
Q: The Legal Permanent Resident parents left the child abroad with family members and returned to the United States. Now, they wish to bring the child to the U.S. What must they do?
The child must have an immigrant visa to enter the United States. The Legal Permanent Resident parent(s) must file an F2A (minor child) or F2B (unmarried child over 21 years old) preference petition with the U.S. Citizenship and Immigration Services. For the Philippines this can involve a wait of several years.
Q: I was a Legal Permanent Resident ("Green Card" holder) who left the United States for several years. Can I still return to the United States using my Green Card?
As a Legal Permanent Resident you may remain outside the United States for only one year unless you receive a re-entry permit from the U.S. Citizenship and Immigration Services before your departure from the United States. Otherwise, you are considered to have forfeited your status and must either be re-petitioned or apply for a Returning Resident Visa. The returning resident visa is granted only when circumstances beyond your control prevented you from returning to your U.S. domicile within the required period of time.
Q. How can I enter the Diversity Visa or green card lottery?
The Philippines is NOT included in the diversity immigrant program because Filipinos receive large numbers of visas through regular immigration categories.
Q: Can a U.S. citizen or Legal Permanent Resident file a petition at any foreign service post for a relative?
Authority to accept a petition rests solely with the U.S. Citizenship and Immigration Services (USCIS). Petitions must be filed in the petitioner’s place of residence. If the petitioner resides in the United States, the petitioner must file at the USCIS office that has jurisdiction over his place of residence. If the petitioner resides abroad, he should contact the U.S. Embassy or Consulate where he currently resides or the U.S. Citizenship and Immigration Services office, if one exists, at the Foreign Service post for information.
Q. Can I still qualify for a tourist visa if I have a pending immigrant petition?
Having an immigrant petition on file is not grounds for an automatic refusal for a non-immigrant visa. The consular officer reviewing your non-immigrant visa application will require strong evidence that you are not intending to immigrate at this time and that you are returning to the Philippines after your planned and temporary visit to the United States.
