Fiance & Marriage Visas

Appendix

Visa Information

Bookmark and Share

 

Immigrant Visas (for Permanent Resident Status)

Type of Visa or Benefit

Basis for Eligibility

Family Based

Immediate Relative

Minor unmarried children or spouses of a U.S. citizen; parent of an over-21-year-old U.S. citizen.

First Preference

Unmarried adult child of a U.S. citizen.

Second Preference: 2A

Spouses and unmarried sons and daughters of lawful permanent residents.

Second Preference: 2B

Unmarried sons and daughters, over the age of 21, of lawful permanent residents.

Third Preference

Married sons and daughters of U.S. citizens.

Fourth Preference

Brothers and sisters of U.S. citizens.

Employment Based

First Preference

Priority workers who have “extraordinary ability” or are “outstanding professors and researchers” in their field. Also certain multinational executives and managers.

Second Preference

“Members of the professions holding advanced degrees” or “aliens of exceptional ability” in their field.

Third Preference

Skilled workers (2 years’ training or experience), professionals, and “other workers” (capable of performing unskilled, but not temporary or seasonal labor).

Fourth Preference

Special immigrants including ministers, religious workers, former U.S. government employees, and others.

Fifth Preference

Investors in job-creating enterprises in the U.S. ($500,000 to $1 million).

Other Benefits or Remedies

Refugees and Political Asylees

People who fear persecution in their home country based on their race, religion, nationality, political opinion, or membership in a particular social group. Refugees are processed overseas, asylees within the United States.

“NACARA” for Nicaraguans and Cubans

An amnesty-like program for Nicaraguans and Cubans who entered the United States before December 1, 1995.

“NACARA” Suspension of Deportation

For Salvadorans, Guatemalans, and nationals of several former Soviet and Eastern European countries who entered the United States before 1990 (exact date varies by country) and who applied for asylum, “ABC,” or Temporary Protected Status by certain dates; they can apply for “suspension of deportation,” described below.

Suspension of Deportation

A remedy normally only available to persons placed in deportation proceedings before April 1, 1997. If the person can prove that he or she has lived in the United States for seven continuous years, has had good moral character, and that the person’s deportation would cause extreme hardship to his or her self or his or her spouse, parent, or children who are U.S. citizens or permanent residents, a judge can grant the person permanent residency.

Cancellation of Removal

A remedy only available to persons in removal proceedings. If the person can prove that he or she has lived in the United States for ten continuous years, has good moral character, hasn’t been convicted of certain crimes, and that their deportation would cause exceptional and extreme hardship to his or her lawful permanent resident or U.S. citizen spouse, child, or parent, then a judge may approve the person for permanent residency.

“VAWA” Cancellation of Removal

For spouses and children of U.S. citizens and permanent residents who have been battered or been victims of extreme cruelty. If such persons can prove that they not only fall into this category but have lived continuously in the United States for three years, have been of good moral character and not committed certain crimes, and that their removal would cause extreme hardship to them, their child, or (if the applicant is a child), their parent, a judge may approve them for permanent residency.

Registry

People who have lived in the United States continuously since January 1, 1972 can apply to adjust status to permanent residence.

Temporary Protected Status

People from certain Congressionally designated countries experiencing war or civil strife; they may apply for a temporary right to stay in the United States until conditions in their home country have improved.

 

Nonimmigrant Visas (Summary List)

Type of Visa or Benefit

Basis for Eligibility

A-1

Diplomatic employees

A-2

Officials or employees of foreign governments

B-1

Business visitors

B-2

Tourists or visitors for medical treatment

C-1 “Transit visa”

For passing through at a U.S. airport or seaport

D-1 “Crewmember”

For people serving on a ship or plane, landing or docking temporarily

E-1

Treaty Traders

E-2

Treaty Investors

F-1, F-2

Students (academic), including at colleges, universities, seminaries, conservatories, academic high schools, other academic institutions, and in language training; and their spouses and children

F-2

Spouses and children of F-1 visa holders

F-3

Citizens or residents of Mexico or Canada commuting to the U.S. to attend an academic school

G-1

Employees of international organizations who are representing foreign governments; and their spouses and children

H-1B

Temporary professionals (for specialty occupations such as doctors, engineers, physical therapists, computer professionals; must have at least a bachelor’s degree)

H-1C

Nurses who will work for up to three years in areas of the U.S. where health professionals are recognized as being in short supply

H-2A

Temporary agricultural workers coming to the U.S. to fill positions for which a temporary shortage of American workers has been recognized by the U.S. Department of Agriculture

H-2B

Temporary agricultural workers

H-3

Trainees coming for temporary job training

I-1

Representatives of international media

J-1, J-2

Exchange visitors; and their spouses and children

K-1, K-2

Fiancées and fiancés of U.S. citizens and their children

K-3, K-4

Spouses of U.S. citizens awaiting approval of their marriage-based visa petition and a green card, and their children

L-1, L-2

Intracompany transferees working as executives, manager, or persons with specialized knowledge; and their spouses and children

M-1, M-2

Vocational students; and their spouses and children

M-3

Citizens or residents of Mexico or Canada commuting to the U.S. to attend vocational school

N-8

Parents of certain special immigrants

N-9

Children of certain special immigrants

NATO-1, NATO-2, NATO-3, NATO-4, and NATO-5

Associates coming to the U.S. under applicable provisions of the NATO Treaty; and their spouses and children

NATO-6

Civilians accompanying military forces on missions authorized under the NATO Treaty

NATO-7

Attendants, servants, or personal employees of NATO-1 through NATO-6 visa holders

O-1, O-2

People with extraordinary ability in sciences, arts, business, athletics, or education, and their support staff

P-1

Internationally reocgnized entertainers, performers, and athletes, and their support staff

P-2

Cultural exchange entertainers

P-3

Artists and entertainers in groups presenting culturally unique programs

P-4

Spouses and children of P-1, P-2, and P-3 visa holders

Q-1

Exchange visitors in cultural exchange programs

Q-2

Participants in the Irish Peace Process Cultural and Training Program (Walsh visas)

Q-3

Spouses and children of Q-1 visa holders

R-1, R-2

Religious leaders and workers; and their spouses and children

S-5

Witnesses in a criminal investigation

S-6

People coming to the U.S. to provide information about a terrorist organization

T-1, T-2, T-3

Women and children who are in the United States because they are victims of human trafficking, cooperating with law enforcement; and their spouses and children

U-1, U-2, U-3

Victims of criminal abuse in the United States who are assisting law enforcement authorities; and their spouses and children

V

Spouses and unmarried sons and daughters (2A) of U.S. lawful permanent residents who have already waited three years for approval of their visa petition or the availability of a green card, and whose visa petition was on file by December 21, 2000

Find A Lawyer

Zip or city/county, state

Browse for:

Immigration Lawyers

Jeffrey A. Peek

Immigration Attorney Profiles

Attorneys: Get Listed