IMMIGRATION TO U.S.A.

Immigrant visas are for those seeking permanent residence in the United States, based on certain categories of family relationship with U. S. citizens or U.S. permanent residents, or offers of employment.

Scheduling an Appointment

In order to schedule an appointment for an immigrant visa please call
361-9344 ext. 4660, 4662; For Filing I-130 Petitions - call 3050550.

Visa Categories

By U.S. Immigration law, immigrants to the United States are divided into two general categories: those who may obtain Legal Permanent Resident status without numerical limitation, and those who are restricted by an annual limitation on the number of persons who may enter as permanent residents. The second category of immigrants is further divided into family-sponsored immigrants, employment-based immigrants and diversity immigrants. Non-numerically limited immigrants include the immediate relatives of United States citizens (the spouse or minor children of a U.S. citizen, or the parent of a U.S. citizen, if the US. citizen is over 21 years old) and returning residents (immigrants who have previously lived in the United States as Legal Permanent Residents, who have been forced to remain abroad for more than one year by circumstances beyond their control).

» Read more about immigrant visas.

Documents Required in Support of a Visa Application

All applicants for an immigrant visa must submit a number of personal documents such as passports, birth certificates, police certificates, marriage licenses, divorce decrees and other civil documents. They must also submit evidence that they will not become public charges of the United States. Visa applicants will be informed of the documents required as their applications are processed.

Visa Fees

The cost of each immigrant visa application processing is $335. Schedules of fees are posted in all Consular offices and should be consulted, as fees are subject to change without notice. Fees must be paid by or on behalf of each intending immigrant, regardless of age, and are non-refundable. They may be paid in U.S. dollars or dinar equivalents at the current Embassy exchange rate, which is adjusted periodically. Payment must be made in cash at the Embassy at the time an application is accepted.

Immigrant Visa Ineligibilities

United States immigration laws, in order to protect the health, welfare and security of the American people, prohibit the issuance of an immigrant visa to certain applicants. Examples of applicants who must be refused immigrant visas include but are not limited to:

· Those with communicable diseases of public health significance;
· Those with a dangerous physical or mental disorder or drug addiction;
· Those who have committed serious criminal acts, including crimes involving moral turpitude, drug trafficking, and prostitution;
· Terrorists, subversives, members of a totalitarian party or former Nazi war criminals;
· Those likely to become public charges of the United States;
· Those who have used fraud or misrepresentation to seek entry the United States;
· Those ineligible for citizenship;
· Certain former exchange visitors obligated to return to their country of habitual residence for two years;
· Physicians who intend to practice medicine but who have not passed a qualifying exam;

Those who have been unlawfully present in the United States for a certain period of time

If any of the foregoing restrictions might apply, then a statement regarding the facts should be submitted to the consular officer. The consular officer will then advise the applicant if the law provides for some form of relief, such as a waiver of ineligibility.

NOTE: All applicants are required to swear or affirm to the truth and accuracy of a visa application at the time of the formal application and to submit certain documentary evidence to establish eligibility for the visa. These statements and the evidence will be carefully examined. It should be understood that the willful misrepresentation of a material fact in connection with a visa application might result in a permanent ban to enter the United States, or deportation if admitted into the United States.

Family-Sponsored Visas

Preference Categories: People who are close relatives of U.S. citizens and legally admitted permanent resident aliens are limited to a total of 480,000 visas per year. Immediate relatives are included in this number, as are preference relatives, but there is no limit on the number of visas which may be issued to immediate relatives. Preference relatives receive all of the visas not used by immediate relatives, but in no case less than 226,000 visas per year. Family-based preference categories subject to the numerical limit are divided into four preference categories:
First preference: unmarried sons and daughters of U.S. citizens and their children;
Second preference: spouses, children, and unmarried sons and daughters of legal permanent resident aliens;
Third preference: married sons and daughters of U.S. citizens, their spouses and their children;
Fourth preference: the brothers and sisters of U.S. citizens, their spouses and their children, provided the U.S. citizen is twenty-one years of age or older;

Petitions

Applicants for family-sponsored immigrant visas who believe they are entitled to immigrant status based on one of the above-mentioned preference categories should request the appropriate relative to file a petition (Form I-130) with the United States Citizenship and Immigration Services (USCIS) in the United States. The U.S. Embassy in Belgrade accepts petitions only for family members of U.S. citizens resident in the Belgrade consular district. Petitions for immediate relatives require the petitioner only to be physically present at the time of filing.

» Documents required at the time of filing an I-130 petition
» Read more about family-sponsored immigrant visas.

Employment-Based Visas

A total of 140,000 immigrant visas are available yearly on an employment-sponsored basis. Employment-sponsored immigrant visas are divided into five preference groups:

· Priority workers: individuals of extraordinary ability in the sciences, arts, education, business or athletics; outstanding professors and researchers; and certain multinational executives and managers;

· Members of the professions: professionals holding advanced degrees and individuals of exceptional ability in the sciences, arts and business;

· Professionals, skilled and unskilled workers: professionals holding baccalaureate degrees, skilled workers with at least two years experience and other workers whose skills are in short supply in the United States;

· Special immigrants: certain religious workers and ministers of religion, certain international organization employees and their immediate family members, and specifically qualified and recommended current and former employees of the U.S. Government;

· Investors: individuals who create employment for at least ten unrelated persons by investing capital in a new commercial enterprise in the United States;

Petitions
Applicants for employment-based immigrant visas who believe they are entitled to immigrant status based on proposed employment in the United States, require an approved petition (Form I-140) from a BCIS office in the U.S. Individuals who qualify as priority workers may petition the BCIS on their own behalf while others must have their petitions filed by prospective employers. Prior to filing a petition with the BCIS, employers petitioning on behalf of applicants for classification as a member of the professions, professionals, skilled workers or unskilled workers must obtain certification from the Department of Labor that there are no qualified workers available for the proposed employment in the United States.

Returning residents and U.S. Government employees must apply to the Secretary of State through a U.S. Embassy or Consulate abroad. All other special immigrants must file a Form I-360 petition with an office of the BCIS. An investor, as described above, must file a Form I-526 petition with the BCIS.

» Read more about employment-based visas.

V Visas

According to the Legal Immigration and Family Equity Act (LIFE), governing the issuance of V visas, no additional visa V applicants will become eligible after December 21, 2003. On that date, the group of applicants, that is, those persons who are second preference spouses and children of legal permanent residents for whom petitions were filed on or before December 21, 2000 and who have been waiting for three or more years for petition approval, adjustment of status or an immigrant visa, closes. No other persons will be eligible for V visas. There is no deadline by which a V visa must be issued, however. Applicants who are eligible may apply for a V visa at their convenience.

For more information on visas and traveling to the United States please visit the U.S. Department of State's web site www.UnitedStatesVisas.gov .

Refugee Processing

American Embassy in Belgrade resumed visas 92/93 processing as of January 2002.
Upon receipt of approved refugee/asylum petition, all eligible applicants are invited for
initial interview and medical examination with The International Organization for
Migration in Belgrade. Final interview and approval of visas 92/93 are scheduled with the
Consular Section of the United States Embassy in Belgrade.

If you require any additional information, please call 3619-344, ext 4695, between
02:00 -04:00 PM.

Returning Resident Alien Leaflet

A permanent resident alien returning to the United States from a visit abroad of less than a year may apply for readmission by presenting an Alien Registration Receipt Card ("green card") to the immigration authorities at a port of entry. The one-year time limitation does not apply to the spouse or child of a member of the Armed Forces of the United States, or of a civilian employee of the U.S. Government stationed abroad pursuant to official orders. In this case, the spouse or child must present the card mentioned above, not have relinquished residence, and be preceding or accompanying the member or employee, or be following to join the member or employee in the United States within four months of the return of the member or employee.

A permanent resident alien who intends to remain abroad for more than a year should, at least 30 days prior to the proposed date of departure, apply while in the United States to the U.S. Immigration and Naturalization Service for Reentry Permit. The permit is valid for two years and may not be extended. If such a permit is obtained the alien may use this card to reenter the United States within the period of validity. Every alien applying for readmission must satisfy the immigration authorities that he or she is eligible in all respects for admission.

A Reentry Permit does not preserve residence for naturalization purposes. An application for preservation of residence must be filed with INS prior to departure from the United States. Further information may be obtained from the INS office having jurisdiction over the alien's place of residence in the United States.

Travel documents required for entry into foreign countries come within the jurisdiction of the government concerned; information on such matters should be requested from the representatives of those countries in the United States. A Reentry Permit contains space for visas issued by consular representatives of other countries.

Permanent resident aliens who are unable to return to the United States within the travel validity period of the Alien Registration Receipt Card, or the Reentry Permit, may apply to the nearest U.S. consular office for a special immigrant Returning Resident (SB-1) visa. To qualify for such status aliens must show:
--That they were lawful permanent residents when they departed the United States.
--That when they departed they intended to return to the United States and have maintained this intent:
--That they are returning from a temporary visit abroad and, if the stay was protracted, that it was caused by reasons beyond their control and for which they were not responsible; and
--That they are eligible for the immigrant visa in all other respects.
Applicants who wish to apply for Returning Resident (SB-1) visas should contact the nearest consular office well in advance of their intended travel (at least three months in advance, if possible) to permit sufficient time for visa processing.

If the returning Resident (SB-1) visa is refused on the grounds that the alien has given up his residence in the United States, it may or may not be possible to obtain a nonimmigrant visa, depending on whether the applicant has established a residence abroad to which he will return. If the applicant wishing to return to the United States cannot submit convincing evidence of compelling ties abroad he may have to apply for an immigrant visa on the same basis by which he immigrated originally, if that is possible.