Immigrant Visas
How to Qualify for an Immigrant Visa
In general any applicant for an immigrant visa must be the beneficiary of an approved petition. Certain applicants such as priority workers, investors, certain special immigrants, and diversity immigrants can petition on their own behalf. All other intending immigrants must have a relative or potential employer petition for them.
Acceptance of I-130 Petitions – 20 March 2007
Effective immediately consular posts abroad are authorized to accept petitions for immediate relative immigrant classification from American citizens who are resident in their consular districts including members of the armed forces as well as true emergency cases such as life and death or health and safety and others determined to be in the national interest.
You can request the forms and instructions by calling U.S. Visa Information Service 0900USVISA (0900 878 472) - http://newzealand.usembassy.gov/iv_faqs.html
Examples of family emergency include minor children who would be unexpectedly left without a caretaker.
Examples of national interest include facilitating the travel of United States military and other USG direct hire employees assigned overseas who are pending transfer on orders and need to petition for immigrant classification of their spouse and minor children at posts overseas.
NOTE: To demonstrate residency in a consular district the American Citizen petitioners must be able to show that they have permission to reside in the consular district and that they have been doing so continuously for at least six months before filing the petition. Individuals who are in the country on a temporary status such as student or tourist would NOT be considered to meet the residency standard.
All lawful permanent residents and American Citizens resident in the United States or with a permanent address in the United States will file I-130 petitions at the USCIS Service Center having jurisdiction over their place of residence (as indicated on the USCIS website).
Family-sponsored Immigrant Visas
Applicants who believe they are entitled to immigrant status based on a relationship to a United States citizen or lawful resident alien, should request that relative to file a petition with the nearest office of the U.S. Citizenship & Immigration Service (USCIS) in the United States.
In some cases, if the American citizen sponsor is in New Zealand, he or she may file the petition in person with the Immigrant Visa Section at the Consulate General in Auckland, provided the alien spouse is a permanent resident of New Zealand. If your case falls within this category please contact the US Visa Information Service for the initial packet of forms and instructions, on 0900 US VISA (0900 878 472).
For detailed information please see the family immigration information page.
To obtain the Petition form see the form I-130 page, USCIS website.
Special Immigrants
Applicants who are described in Part II(b)(4) above, must apply must file a form I-360 petition with USCIS. An investor described in Part II(b)(5) above, must file a form I-526 petition with the USCIS.
Returning Residents
Returning Residents or immigrants who lived in the United States previously as lawful permanent residents and are returning to live in the United States after a temporary visit of more than one year abroad, for reasons beyond their control, must file a DSP 117 form (non refundable Fee US$400) with a Consular Officer at the Auckland Consulate. If the application is approved the applicant must obtain certain documents, have a medical examination by a consular panel physician, and undergo an immigrant visa interview (Fee: US$380). The returning resident visa Category SB1, is valid for six months for re-entry to the United States.
Fiance(e) Visas
There is a specific non-immigrant visa available for Fiances of United States Citizens. The couple must have met in person within the past 2 years. The U.S. citizen fiance must file an I-129F Petition with the USCIS in the U.S. If the I-129F is approved, and the visa issued, they must marry within 90 days of the alien's admission to the United States. For details see the Spouse and Fiance(e) information page.
Employment Based Visas
Applicants who believe they are entitled to immigrant status based in proposed employment in the United States must have their prospective employer file Petition Form I-140 with the USCIS in the United States. Prior to filing a petition the proposed employer must also obtain certification from the U.S. Dept. of Labor, to certify that there are no qualified workers available for the proposed employment in the United States. See the employment-based visas page for further information.
Additional Numerical Limitations
In addition to the numerical limitations for each category of immigrant visa described above, there are limits on the number of immigrant visas per year which can be issued to natives of any single country. Some of these numerical limits are based on formulas, which change in relationship to each other, so that it is not possible to state a specific figure for each sub-category.
Whenever there are more qualified applicants for a category than there are available numbers, the category will be considered oversubscribed and immigrant visas will be 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.
For latest information on all categories with quota restrictions, see the current State Department Visa Office Bulletin.
Additional immigration visa information:
About the U.S. Consulate in Auckland
Immigrant Visas
How to Qualify
Fiancé(e) Visas
Lost Green Card
FAQ: Frequently Asked Questions
