Who can Apply for an Immigrant Visa

In general, a person who wishes to immigrate to the United States must have a petition approved by the U.S. Citizenship and Immigration Services (USCIS) before applying for an immigrant visa. The petition is filed either by a relative or a potential employer at a USCIS office in the United States. Specific information about how petitions are filed can be found at the USCIS website. An individual with an approved petition and a priority date that is current for processing is eligible to apply for an immigrant visa or K and V non-immigrant visa.

• Family-Sponsored (IR or F) categories. The Form I-130 is filed by a relative who is either a U.S. citizen or a lawful permanent resident (LPR), at a USCIS office in the United States. In certain cases where the sponsoring U.S. citizen resides in the Philippines, the I-130 petition may be filed at the USCIS office at the Embassy in Manila.
   
• Employment-Based (E) category. The prospective U.S. employer files the I-140 petition and must obtain a certification from the U.S. Department of Labor that there are no qualified workers available in the United States for the proposed employment.
   
• For the Special Immigrant visa category, with the exception of a qualified current or former U.S. Government employee, an applicant needs an approved I-360 petition from the USCIS. Special workers in a religious occupation or vocation, qualified U.S. government employees, Amerasians and widowers of American citizens fall under this classification.
   
• Investors must file a Form I-526 petition with the USCIS.
   
• A Filipino spouse or fiancée(e) of a U.S. citizen may apply for a non-immigrant K visa with an approved I-129F petition. A spouse or child of a lawful permanent resident (“green card holder”) may apply for a V visa. The K and V visas are non-immigrant visas that allow beneficiaries to join their petitioners sooner. Persons who enter the United States with K or V visas must apply to USCIS for a change in status from non-immigrant to lawful permanent resident (LPR).