Immigrant Visas
Information Regarding Immigrant Visa Petitions
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 U.S. Citizen (K3) – Spouses of U.S. citizens may apply for a nonimmigrant K3 visa in order to travel to the US and adjust status in the U.S. For more information about K3 visas, please click here.
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, Extension 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 and 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 (NVC). The NVC will contact the petitioner in order to collect additional documents, and the immigrant visa fee. In the case of family sponsored and employment based visa categories, the NVC 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 U.S. Embassy in Tegucigalpa.
The NVC will set up an appointment once you have completed ALL the required documents.