Immigrant Visa

An immigrant visa is required of anyone who wishes to enter the United States to reside there permanently, whether or not that person plans to seek employment in the United States. U.S. immigration law provides for the issuance of immigrant visas in four general categories: Immediate Relatives, Family- Based, Employment-Based and Diversity Visa Program known as the “green card” lottery.

Immediate Relatives:

• Spouses or minor child of US citizens
  
• Parent of a U.S. Citizen: U.S. Citizen must be 21 or over
  
• Step-parent or child of U.S. Citizen: Step-parent, step-child relationship must occur before the child’s 18th birthday.
  
• Spouse of deceased U.S. Citizen:  Petition must be filled within 2 years of the death of the U.S. Citizen

Family-Based Immigration:

Persons seeking to immigrate in one of the family based preference categories will qualify for an immigrant status only if they have the necessary relationship to a U.S. citizen or Lawful Permanent Resident. Visas in this category are subject to limitations and can only be issued when visa numbers are available (link to visa bulletin - http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html).

• A U.S. Citizen Unmarried Son or Daughter over the age of 21
  
• Spouse or Unmarried Son or Daughter of a Lawful Permanent Resident
  
• Married Son or Daughter of a U.S. Citizen
  
• Brother or Sister of a U.S. Citizen (U.S. Citizen must be 21 or over)

Employment-Based Immigration:

This type of immigrant visa also falls in the numerically limited visa category and is awarded to certain immigrants with extraordinary ability in the sciences, arts, education, business or athletics. Professionals with advanced degrees, ministers of religion or religious workers, skilled and unskilled workers, certain employees of U.S. Government and employment investors are eligible. Potential immigrants in this category need to have a job offer in the States and be sponsored by a U.S. Company.

Diversity Immigrant Visa Program (commonly referred to as the Visa Lottery)

This category of Immigrant visa has been introduced by the U.S. Government to allow people from countries with low rates of immigration to the U.S. to immigrate to the U.S. Qualified candidates are selected at random and are contacted individually to start the visa process. Every year, 50,000 immigrant visas are available for eligible candidates. Click for more information on the Diversity Immigrant Visa Program.

Processing Immigrant Visa:

Most petitions are forwarded to post by the NVC (National Visa Center). Immediate Relative petitions can no longer be filed at post--see the section entitled "New Procedures for American Citizens resident abroad" below. In cases where post receives petitions via the NVC, the beneficiary is notified by mail or by phone about further processing steps. More documents will need to be gathered and medical tests made. In any of these cases, the processing time will depend very much on how quickly applicants gather their paperwork and also on the outcome of the medical examinations. In most cases immigrant visas can be processed within a month. Appointments for interviews are set on Wednesdays only except in special circumstances. 

Some petitions for applicants from countries outside of Burkina Faso are forwarded to post by NVC.  These are cases of relocated people who have been living in Burkina for some time. In these cases, immigrant visa beneficiaries will need to bring in civil documents indicating how long they have resided in the country.

Depending on the visa category, the American citizen or LPR petitioner will fill out different petition forms:

• Family-based immigrants: Form I-130 or I-129F for fiancé(es), and spouse  visa 
  
• Adopted children: Form I-600
  
• Employment based immigrants: Form I-140

The current fee for filing a petition is $355.

Documents To Support A Visa Application:

All applicants must submit the following documents in support of their Immigrant Visa application:

1. Personal documents: Valid passports, birth certificates, marriage certificates, divorce decrees (when applicable), and police certificates for countries where the applicant has lived for more than 6 months since age 16.
   
   
2. Evidence of financial support is also required to make sure that the applicant will not become a public charge. This includes the filing of an I-864, Affidavit of Support.
   
   
3. Medical Examinations: Prior to the issuance of an immigrant visa, every applicant, regardless of age must undergo a series of medical test. A panel physician designated by the Consular Section conducts the examination. Examination costs are borne by the applicant.

For more information on Immigrant Visas in general please go to: http://travel.state.gov/visa/immigrants/info/info_1339.html

Visa fees: When the petition (I-130) is filed at post, at the end of the process and before the interview with the Consular Officer, each applicant must pay the visa fee of $335 or its equivalent in CFA.  An additional $45 IV security surcharge fee is also charged.  For petitions filed with NVC from the States, beneficiaries do not need to pay the visa fee as it is usually paid directly and a receipt sent with the package.

Although K and V visas are classified as nonimmigrant visas, the process is similar to that of an immigrant visa. Beneficiaries of these types of visas need to submit further documentation and go through the medical examination. They are issued the visa after an interview with the Consular Officer.

New Procedures for American Citizens resident abroad

Recent legislation has led to changes in the procedures American citizens resident abroad will follow if they wish to sponsor an immediate relative (spouse, parent or minor child) for an immigrant visa.  Effective immediately, the immediate relative petition (I-130) must be filed with the USCIS office responsible for the petitioner's place of residence (that is, the place of residence of the American citizen who is filing the petition).  Consular offices at U.S. embassies and consulates are no longer authorized to accept I-130s, although they will continue to provide guidance to American citizen petitioners and their family members.
Responsibility for acceptance and approval of immigrant visa petitions rests solely with USCIS.  American citizens should submit their I-130 at the CIS office responsible for their place of residence.
 
This procedural change may result in a processing delay for some applicants.  The Department of State recognizes and sincerely regrets the inconvenience this may cause.

Please follow the links for: 

Spouse and Fiancé (e) visas, - http://travel.state.gov/visa/immigrants/types/types_1316.html

V Visa (Family Based Second Preference) - http://travel.state.gov/visa/immigrants/types/types_1310.html