1. General Information on Immigrant visas
APPLYING FOR A U.S. IMMIGRANT VISAS
The Consular Section assists immigrant visa applicants between the hours 8:00 am to 11:00 a.m. on Saturdays and Monday through Wednesdays, excluding Omani and U.S. holidays. Immigrant visa applications are accepted on an appointment basis. American citizens filing a petition (Form I-130) for a spouse or child should contact the Consular Section to seek an appointment.
For more information on immigrant visas, including current priority dates, please see the U.S. Department of State's Visa Bulletin
GENERAL INFORMATION FOR APPLICANTS FOR IMMIGRANT VISAS
GENERAL CATEGORIES OF IMMIGRANTS
Persons immigrating to the United States are divided by U.S. immigration law into two general categories:
(I) Those who may obtain legal permanent residence status without numerical limitation, and (II) those who are restricted by an annual limitation on the number of persons who may enter as permanent residents. The latter category is further divided into (A) family sponsored immigrants, (B) employment based immigrants, and (C) diversity immigrants.
I. IMMIGRANTS NOT NUMERICALLY LIMITED
A. Immediate Relatives of United States Citizens: The spouse and minor unmarried children of a United States citizen, and the parents of a United States citizen who is over the age of twenty-one.
B. Returning Residents: Immigrants who lived in the United States previously as lawful permanent residents and are returning to live in the United States after a temporary visit of more than one year abroad.
II. IMMIGRANTS SUBJECT TO NUMERICAL LIMITATIONS
Subject to certain transitional laws, immigration into the United States is limited to 675,000 persons per year, not including persons in category I above. That figure is divided into three distinct sub-categories.
A. FAMILY-SPONSORED IMMIGRANTS: There is no upper limit on the number of visas which may be issued to Immediate Relatives listed in Part I above. To the extent that Immediate Relatives use less than 480,000 visas per year, preference relatives may receive all of the visas not used by Immediate Relatives, but in no case less than 226,000 visas per year. Family-based preference categories subject to the numerical limitation areas follow, with minimum preference limits in parentheses.
First Preference: Unmarried sons and daughters of U.S. citizens, and children if any. (23,400)
Second Preference: Spouses, children, and unmarried sons and daughters of lawful permanent resident aliens. NOTE: At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder will be allocated to unmarried sons and daughters. (114,200)
Third Preference: Married sons and daughters of U.S. citizens, and their spouses and children. (23,400)
Fourth Preference: Brothers and sisters of United States citizens, and their spouses and
children, provided the U.S. citizens are 21 years of age or over. (65,000)
B. EMPLOYMENT-BASED IMMIGRANTS: A total of 140,000 immigrant visas yearly are available for this category, which is divided into five preference groups: (Percent of yearly limit in parentheses)
Priority Workers: Persons of extraordinary ability in the sciences, arts, and business or athletics; outstanding professors and researchers; and certain multinational executives and managers. (28.6%).
Members of the Professions: Professionals - holding advanced degrees, and persons of exceptional ability in the sciences, arts, and business. (28.6%).
Professionals, Skilled and Unskilled Worker: Professionals holding baccalaureate degrees, skilled workers with at least two year's experience, and other workers whose skills are in short supply in the United States. (28.6%) (Unskilled workers are subject to a sublimit of 10,000.)
Special Immigrants: Certain religious workers and ministers of religion, certain international organization employees and their immediate family members, and specially qualified and recommended current and former employees of the United States Government. (7.1%)
Investors: Persons who create employment for at least ten unrelated persons by investing capital in a new commercial enterprise in the United States. The minimum amount of capital required is between $500,000 and $1,000,000, depending on the employment rate in the geographic area. (7.1%)
STEPS TO BE TAKEN IN APPLYING FOR IMMIGRANT VISAS
In general, any applicant for an immigrant visa must be the beneficiary of an approved petition. Certain applicants such as priority workers, investors, certain special immigrants, and diversity immigrants can petition on their own behalf. All other intending immigrants must have a relative or potential employer petition for them.
1. Applicants for family-sponsored immigrant visas who believe they are entitled to immigrant status based on a relationship to a United States citizen or lawful resident alien (see I(A) and II(A)(1-4) above) should request that relative to file a petition (Form I-130) with the nearest office of the Immigration and Naturalization Service in the United States. In some cases, if the American citizen sponsor is residing abroad, he or she may file the petition with the Immigration Service officer or a U.S. consular officer at an American Embassy or Consulate. The filing fee for an I-130 is US$80 (RO 32.000).
2. Applicants for employment-based immigrant visas (see II(B)(1-3) above), who believe they are entitled to immigrant status based on proposed employment in the United States, require an approved petition (Form I-140) from the Immigration and Naturalization Service in the United States. Persons described in II(B)(1) as Priority Workers may petition on their own behalf with the Immigration and Naturalization Service, while others must have their prospective employers file the petitions. Prior to filing a petition with the Immigration Service, applicants for classification under II(B)(2&3) as members of the professions, professionals, or skilled and unskilled workers must obtain certifications from the Department of Labor that there are no qualified workers available for the proposed employment in the United States.
3. Special immigrant returning residents described in Part I(B) above and United States government employees described in Part II(B)(4) above must petition to the Secretary of State through a United States consular office abroad. The fee for returning resident application is US$50 (RO 20.000). All other special immigrants described in Part II(B)(4) above must file a Form I-360 petition with an office of the U.S. Immigration and Naturalization Service.
4. An investor described in Part II(B)(5) above must file a Form I-526 petition with the Immigration and Naturalization Service.
5. Diversity Transition Immigrants described in Part II(C) above must file an application with the Secretary of State. Provisions for submission of registration applications will be announced by the Department of State in advance of each year's application period. Only one such application may be filed each year. Aliens who qualify through random selection must apply for and receive their visas within one year of selection.
When immigrant visa petitions are approved by the Immigration and Naturalization Service Office, they are sent to the National Visa Center (NVC) in Portsmouth, NH. If in a numerically-limited category, they will be retained at NVC and will be sent to the Embassy only when visa numbers become available. The NVC will at that time advise the beneficiary of the further steps that need to be taken. All future inquiries/change of address pertaining to the petition should be directed to the National Visa Center, 32 Rochester Avenue, Portsmouth, NH 03801-2090. Tel: 603-334-0700; Fax: 603-334-0759.
PERSONS INELIGIBLE TO RECEIVE VISAS
In order to protect the health, welfare, and security of the United States, the Immigration law and Nationality Act prohibits the issuance of a visa to certain applicants. Examples of applicants who must be refused visas are those who have a communicable disease such as tuberculosis, or have a dangerous physical or mental disorder, or are drug addicts; have committed serious criminal acts, including crimes involving moral turpitude, drug trafficking, and prostitution or procuring; are terrorists, subversives, members of a totalitarian party or former Nazi war criminals; are likely to become public charges in the United States; have used fraud or other illegal means to enter the United States; or are ineligible for citizenship. Former exchange visitors must live abroad 2 years and physicians who intend to practice medicine must pass a qualifying exam before receiving immigrant visas.
If any of the foregoing restrictions might apply, then a statement regarding the facts should be submitted to the consular officer. The consular officer will then advise the applicant if the law provides for some other form of relief, such as a waiver of ineligibility.
NOTE: Applicants are required to swear or affirm to the truth and accuracy of a visa application at the time of formal application and to submit certain documentary evidence to establish eligibility for the visa. These statements and the evidence will be carefully examined. It should be understood that willful misrepresentation of a material fact in connection with a visa application may result in a permanent bar to entry into the United States, or deportation if admitted into the United States.
OTHER IMPORTANT INFORMATION
1. DOCUMENTS REQUIRED IN SUPPORT OF A VISA APPLICATION
All applicants must submit certain personal documents such as passports, birth certificates, police certificates, and other civil documents, as well as evidence that they will not become public charges in the United States. The consular officer will inform visa applicants of the documents needed as their applications are processed.
2. MEDICAL EXAMINATIONS
Before the issuance of an immigrant visa, every applicant, regardless of age, must undergo a medical examination. The examination will be conducted by a doctor designated by the consular officer. Costs for such examinations must be borne by the applicant.
VISA FEES
The cost of each formal immigrant visa application is US$260 (RO 104.000) and the cost of each issued immigrant visa is US$65 (RO 26.000). Fees must be paid by, or on behalf of, each intending immigrant regardless of age, and are not refundable. All fees must be paid in US$ or an equivalent in Rials Omani. Fees should not be sent to the Embassy unless specifically requested. The Immigration and Naturalization Service charges additional fees for filing petitions.
NUMERICAL LIMITATIONS
In addition to the numerical limitations for each category of immigrant visa described in Section II above, there are limits on various sub-preferences, as well as limits on the number of immigrant visas per year which can be issued to natives of any single country. Some of these numerical limits are based on formulas which change in relationship to each other, so that it is not possible to state a specific figure for each sub-category.
Whenever there are more qualified applicants for a category than there are available numbers, the category will be considered oversubscribed, and immigrant visas will be issued in the chronological order in which the petitions were filed until the numerical limit for the category is reached. The filing date of a petition becomes the applicant's priority date. Immigrant visas cannot be issued until an applicant's priority date is reached. In certain heavily oversubscribed categories, there may be a waiting period of several years before a priority date is reached.
MISCELLANEOUS
Since no advance assurances can be given that a visa will be issued, applicants are advised not to dispose of their property and not to give up their jobs until visas have been issued to them. An immigrant visa is valid for 6 months from date of issuance.
Persons born in countries other than the United States may have a claim, under United States law, to United States nationality if:
(a) Either parent was born or naturalized in the United States.
(b) Either parent was a United States citizen at the time of birth of the applicant.
With few exceptions, a person born in the United States has a claim to United States citizenship. Any applicant believing that he or she may have a claim to United States citizenship should not apply for a visa until his or her citizenship has been determined. The applicant should inform the consular office immediately of a citizenship claim so that steps can be taken to determine if the applicant is entitled to a U.S. passport rather than an immigrant visa.
Further information about the specific categories of immigrant visas listed above are available from the nearest American Embassy or Consulate. Applicants for immigrant visas who have questions not answered in this information sheet may communicate with the nearest Embassy or Consulate.
5. CONTINGENCY PLANNING OVERSEAS
BEFORE GOING OVERSEAS
• Make a list of the following for all family members. Leave a copy of this list with a trusted contact at home. Update periodically and carry with you when moving from one locale to another:
• Passport numbers and dates of issue
• Bank account numbers
• Credit card numbers
• Insurance policy numbers
• Car registration, serial, and license numbers
• U.S. driver's license numbers
• Social Security numbers (including children's)
• Current prescriptions, including eyeglasses
• Contents and location of safe deposit box(es)
• Assets and debts
• Names and addresses of business and professional contacts
• Locate a safe depository in the United States and put the following into it (making copies of the items if you will need them overseas):
• Copy of will(s). Do not put original of will in safe depository. Originals should be left with lawyer or executor.
• Power of attorney (one of the originals)
• Birth and marriage certificates
• Naturalization papers
• Deeds
• Mortgages
• Stocks (or leave with broker in case you want to sell)
• Bonds (or leave with broker in case you want to sell)
• Insurance papers - life, car, house, medical, and household effects
• Current household and personal effects inventory
• Execute a current power of attorney for each adult family member and have several originals made. Make several copies as well. These are needed to transact business on behalf of spouse or other adult.
• Learn the current laws of your legal residence and place of domicile with regard to taxes and property.
• Establish credit that will be adequate for emergencies. Obtain individual credit cards for employee and spouse.
• Establish a joint checking account, or two joint checking accounts, enabling each spouse to work from either account in the event they are separated for a period of time.
• Consider getting an ATM (automatic teller machine) card for your bank account that can be used all over the country. Make sure both spouses know the PIN (personal identification number).
• Have your paycheck sent to a U.S. bank account rather than to you overseas. Checks lost in the mail can cause extraordinary difficulties.
• Put checkbooks, bankbooks, credit cards, some travelers checks, and a small amount of cash in a safe (but easily accessible) place.
• Keep a list of regular billing dates for all recurring expenses -- insurance, mortgages, and taxes.
• Make and continually update an inventory of all your possessions, including jewelry and clothing.
• Decide what to take with you overseas and what to put into storage based on where you are assigned.
• Consider personal property insurance.
• Pack both winter and summer clothing, regardless of country of assignment.
• Update scrapbook and photo albums. Consider leaving sentimental photos or negatives in safe deposit box.
• Gather all employment documents for adult family members, including resumes and letters of reference. Keep duplicates in the United States.
• Keep up-to-date locator information with your home agency, if possible. Be certain your emergency contact person is capable of dealing with an emergency.
• Make duplicates of all personal address lists.
• Discuss with your immediate and extended family what to do in case of an emergency (evacuation, hostage-taking, illness, or death). Give them the emergency telephone numbers for your agency.
WHEN YOU ARRIVE OVERSEAS
• Find out if your employer provides security briefings and attend one.
• Keep up with the current security situation in your place of assignment. Hold periodic family security meetings.
• Register with the U.S. Embassy.
• Be aware of the U.S. Embassy's warden system in the country where you are living. Know who your warden is and ensure that your family information listed with your warden is current and accurate.
• Make an inventory of what you have brought with you overseas and keep it updated.
• Learn some of the local language to help you in an emergency. In the local language, post a list of instructions and essential telephone numbers for household employees.
• Make the acquaintance of your neighbors early on.
• Learn the location of the closest hospital and police station.
• Keep immunizations up to date and recorded in your yellow shot card.
• If you have children in local schools, check the school's emergency evacuation plan. Become an involved parent.
• If you have children, choose a surrogate parent in your place of assignment and supply that person with a current power of attorney for medical or other emergencies in the event you need them to care for your children unexpectedly.
• Maintain a separate emergency supply/first-aid kit to be used only for emergency situations.
• Maintain a constant supply of drinking water and non-perishable food items in your house.
• Maintain your vehicle in good operating condition and keep it well fueled at all times.
• Decide which necessary items should be taken with you in the event of evacuation and which items should be airfreighted later.
WHEN AN EVACUATION IS A POSSIBILITY
• Discuss possible contingency plans with family members.
• Make a list of items to pack in each suitcase (normally each evacuee is allowed one suitcase).
• Make a list of items for carry-on baggage.
• Update current household effects inventory of items with you overseas.
• Consolidate all personal records, financial documents, school records, etc.
• Prepare your house for departure -- secure valuables, if possible.
• Plan for pets. In almost all evacuations, your pets will not be allowed to go out on evacuation with you. Make advance arrangements for their care, food, etc. Keep the pets' records updated.
• Decide how money will be handled. Who will pay bills? Will you continue to use the joint checking account?
WHEN DEPARTURE BECOMES NECESSARY
• Pack luggage with suitable clothing and essential items. Remember seasonal changes/weather conditions.
• Engage the children in packing their own backpacks or carry-on bags with toys, snacks, games, books, and other comforting items.
• Choose practical traveling clothes suitable to the climate of destination.
• Make sure carry-on baggage includes the following items:
• Medications (prescription and over the counter)
• Medical/dental records, immunization cards
• Extra glasses and prescriptions
• School records, report cards, test scores, and current samples of work
• Current power of attorney
• Birth certificates, naturalization certificates, marriage certificates (if with you)
• Passports
• Driver's license, auto insurance policies, auto registration, and title, if applicable
• Personal checks, check registers, latest bank statement
• Credit cards
• Bills/financial records
• Safe deposit box keys
• Address book
• Lists with names and addresses of doctors, dentists, lawyers, etc.
• Travelers' checks; U.S. currency, if possible
• Household effects inventory
• Household goods insurance policy
• Evacuation travel orders, if applicable
• Personal items and a change of clothing for each traveler
• Snacks, juice, books