In order to be eligible to apply for an immigrant visa, a foreign citizen must be sponsored by a relative who is an American citizen or legal permanent resident, or by a prospective employer. The relative or prospective employer is known as the petitioner. (Note that applicants under the Diversity Visa Program do not need to file a petition.)

Categories of Immigrants for whom Petitions can be filed

Immediate Relatives – This category includes spouses, unmarried children under the age of 21, orphans/adopted children and parents of American citizens. Petitioners for immediate relatives would use Form I-130 (Form I-600 is used for orphans/adopted children). Note that there are no restrictions on the number of immediate relative visas issued annually.

Family Sponsored Relatives – This category includes siblings and adult or married children of American citizens, as well as spouses and unmarried adult children of legal permanent residents. Petitioners for family sponsored relatives would also use Form I-130. Note that there are a limited number of family sponsored visas issued annually. Therefore, petitions for family sponsored relatives are not available for processing until a visa is actually available. For more information on when a family sponsored petition is current for processing, click here.

Employment Based Visas – Petitions for employment based visas are filed by potential employers in the United States. For more information, please see the Department of State's website regarding employment based visas.

Fiance(é)s – Petitions for fiance(é)s can be filed by American citizens, using Form I-129F. Fiance(é)s are eligible to receive a one entry, six month validity non immigrant visa. The applicant and petitioner must have plans to marry within three months of the applicant’s entry into the United States. Once married, the applicant will need to adjust his or her status with the Department of Homeland Security in order to obtain legal permanent resident status. Note that fiance(é) petitions can only be filed with the Department of Homeland Security in the United States. For more information about Fiancé(e) visas, please click here.

Nonimmigrant Visa for Spouse of US Citizen (K3) – Spouses of US citizens may apply for a nonimmigrant K3 visa in order to travel to the US and adjust status in the US. For more information about K3 visas, please click here.

For more information about immigrant visa classifications, please see the Department of State website.

Where to File the Petition

If the petitioner lives in the United States, the immigrant visa petition must be filed by the petitioner at the Department of Homeland Security office located nearest to his or her place of residence in the United States. If the petitioner is resident in Honduras, he or she may file the petition with the Department of Homeland Security at the United States Embassy in Tegucigalpa during the hours of 9:00 a.m to 11:00 a.m. (for petitions) and 1:30 p.m. to 3:30 p.m. (for travel letters and verification) on Mondays. Note that fiance(é) and orphan/adopted children petitions can only be filed with the Department of Homeland Security in the United States. For more information, call DHS Tegucigalpa at 238-5114 ext 4500.

Additional Documents Required with the Petition

For Immediate Relative and Family Sponsored Petitions, the petitioner must include the following documents along with the petition itself: proof of citizenship or legal permanent resident status, birth certificates and/or marriage certificates to establish the qualifying relationship, Form G-325 Biographic Information for both the petitioner and the applicant, the application fee, and two passport photographs of both the petitioner and the applicant. Note that petitions involving orphans/adopted children have different requirements. Please click here for information regarding orphans/adoptions.

What Happens Next

The status of a petition can be checked online at United States Citizenship and Immigration Services Case Status. Once a petition is approved in the United States, it is sent to the National Visa Center. The National Visa Center will contact the petitioner in order to collect additional documents, if required, and payment of the immigrant visa fee. In the case of immediate relative petitions, the case will then be sent to the US Embassy in Tegucigalpa. In the case of family sponsored and employment based visa categories, the National Visa Center will hold the petition until visas become available (based on the date on which the petition was filed). Once the petition becomes current, it will be forwarded on to the US Embassy in Tegucigalpa. When the Embassy receives the case, the applicant will be contacted in order to set up an interview date. If an applicant has not yet received a case number beginning with the letters ‘TGG’, the case has not yet been forwarded to the Embassy. If applicants do have a case number, but have not yet been contacted regarding an interview date, they can contact the Immigrant Visa Section in order to set up an interview.