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FAMILY-BASED IMMIGRANT VISAS


The Immigration and Nationality Act allows for the immigration of foreigners to the United States based on a relationship to a US citizen.

Family based immigrants are defined as: brothers, sisters, and adult or married sons and daughters of US citizens, or the spouse of a US permanent resident.  There are numerical limitations to these categories of immigrants, meaning there will be a waiting period after your petition is approved and before you can apply for US immigration.

Numerical Limitations


Whenever there are more qualified applicants for a category than there are available places, the category is considered oversubscribed. Immigrant visas are 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. Check the Visa Bulletin for the latest priority dates.  (You can also sign up to receive the monthly updates of the Visa Bulletin by email by following the Visa Bulletin link).

Family First Preference (F1) - Unmarried sons and daughters of U.S. citizens and their minor children, if any.

Family Second Preference (F2) - Spouses, minor unmarried children and unmarried sons and daughters (age 21 or older) of lawful permanent residents.

 

Family Third Preference (F3) - Married sons and daughters of

U.S. citizens and their spouses and minor children.

 

Family Fourth Preference (F4) - Brothers and sisters of United States citizens and their spouses and minor children provided the U.S. citizen is at least 21 years of age.

STEP ONE : File the Immigrant petition


The US citizen or permanent resident relative of intending immigrants, who plans to base their immigrant visa application on family relationship, must submit a Petition for Alien Relative (Form I-130) to the Department of Homeland Security (DHS) office nearest their place of residence. Once INS approves the petition, they will send the petitioner a notice of approval (Form I-797). INS will also forward the approved petition to the National Visa Center which will contact the intending immigrant with further information.

Important Notice: U.S. law limits the number of family-based immigrant visas that are available every year. This means that even if the DHS approves an immigrant visa petition for you, you may not get an immigrant visa petition immediately. In some cases, several years could pass between the time your immigrant visa petition is approved and the time your immigrant visa is issued. Immigrant visas are issued in the chronological order in which the petition was filed until the numerical limit for the category is reached. The filing date of the petition becomes the applicant’s priority date. Immigrant visas cannot be issued until the applicant’s priority is reached. Check the Visa Bulletin for the latest priority dates or call (202) 663-1541 . DHS will send the approved immigrant visa petition to the National Visa Section where it will remain until the priority date is available. You do NOT need to contact the National Visa Center – the National Visa Center will contact you with the “Instruction package for immigrant visa applicants”.


STEP TWO: Gather required documents and prepare for the Immigrant Visa Interview


 

Once you have received the "Instruction Package for Immigrant Visa Applicants", the intending immigrant (your immediate relative) must follow the instructions regarding the visa fees and documentation.

When the National Visa Center has received your immigrant visa fee they will send you the immigrant visa application (Form DS-230, part I) along with further instructions.


STEP THREE: The Immigrant Visa Interview

 


Once the Immigrant Unit in Jakarta has received your immigrant visa case from the National Visa Center , they will schedule the final visa interview.

Your relative will need to have a medical exam. The fee for the medical exam is in addition to fees paid directly to the U.S. government. You pay this fee, in Rupiah, to the clinic directly.

 

Applicants wishing to do document screening with the IV section can come to the Consular section (window 4) every Monday to Friday from 07.30 – 11.30. No appointment is necessary.    For each document, the applicant must bring in the original document and a photocopy.  The original document will be returned to you.

 

Appointments are necessary for immigrant visa interviews, but the petitioner is not required to attend.

Visa interviews are a discussion between the consular officer and the applicant.  The US citizen petitioner may accompany the beneficiary to the interview, but may be asked to remain outside the room for part of the interview. Due to space constraints, third parties (including lawyers) are generally not allowed to be present at the interview, though exceptions may be granted for those who do not speak Indonesian or English and need a translator, or those who need physical assistance.

All visa applicants between age 14 and 80 will have two fingerprints scanned at the time of the interview.

 

Each applicant, regardless of age, must appear in person for his/her interview.  At that time, all the documents will be evaluated and a decision made.  There can be no guarantee regarding the outcome of the interview, and applicants are advised not to make travel arrangements until after the visa has been approved.

 

You should plan to be at the Embassy throughout the entire morning.

 

Applicants may be found ineligible in accordance with immigrant visa law. For example, if you have a communicable disease, have committed criminal acts, or you are likely to become dependent upon public assistance you will be found ineligible. The two years foreign residency requirement for former exchange (J) visitors is also applicable. If you are found ineligible, the consular officer will advise you if the law provides for a waiver.

 

The fee for the application and issuance of the immigrant visa is USD 355 plus a USD 45 immigrant fee surcharge (total = USD 400).  This fee is in addition to the USD 355 paid to file the I-130 to start the process.  Fees are subject to change at any time.

 

STEP FOUR: After the Visa is Approved and Issued

 

Once you have received your immigrant visa, you must enter the United States within 6 months of visa issuance to obtain an alien registration receipt or "green" card (Form I-151 or I-551) that will allow you to live and work in the United States.

 

At the port of entry DHS officials will take the immigrant visa and assign you an "alien number."

 

They will stamp your passport with this number and make a notation that you are registered for an alien registration card.

 

It normally takes between 2 weeks and 3 months for DHS to process and send the alien registration card to you.

 

In the interim, the passport stamp permits employment and travel until the card arrives. - You may depart and return to the U.S. before you receive the alien registration receipt card, as long as the DHS stamp in you passport has not expired.

 

Should you wish to leave the U.S. and your stamp has expired and you have not yet received your alien card, you should contact DHS in the U.S. before departure to ensure permission to return to the U.S.

 

If, in the future, you plan to live outside the U.S. for more than 12 months, you must apply for a re-entry permit in the U.S. BEFORE departure. The maximum validity of this document is two years. If the relocation is permanent, you should formally abandon your permanent resident status.

 

Without a re-entry permit, any absence from the U.S. of 12 months or longer, or any residence established outside the U.S., is considered grounds for loss of permanent resident status.

Social Security Cards: When completing the DS-230, Part II, you can ask the Social Security Administration to assign you a Social Security Number (SSN).  Your SSN will arrive several months after you enter the US and become a Legal Permanent Resident.  Alternatively, you may file for SSN yourself once you arrive in the US.  For further information, please consult the Social Security website.


IMPORTANT NOTICE: If at the time of admission to the United States, you will have not celebrated the second anniversary of your marriage, which is the basis of your immigrant status, you are subject to the provisions of section 216 of the Immigration and Nationality Act. Under these provisions, you will be granted conditional permanent residence by an officer of the Department of Homeland Security (DHS) at the time of your admission to the United States. You and your spouse will be required to file a joint petition (Form I-751) with the DHS to have the conditional basis of your status removed. This petition must be filed within the ninety-day period immediately preceding the second anniversary of the date you were granted conditional permanent resident status. If a petition to remove the conditional basis of your status is not filed within this period, your conditional permanent status will be terminated automatically and you will be subject to deportation from the United States. You will be provided with written information about this status when your visa is approved and issued, which you should retain and use as a reference.


Still confused? Please check out our most frequently asked questions page. Or, for more information, please contact one of our visa assistants by phone at + 62 (21) 3435-9052 or 9053, by e-mail at jakiv@state.gov or by fax at + 62 (21) 385-7189 .