The US permanent visa is considered one of the juiciest and most coveted in all of the developed countries, needless to say, it is also one of the most difficult to get. The difficulty of the process is also determined by the government of the day. It is commonly said that democratic governments are more migrant friendly than republicans. It is no news that the Trump administration banned Nigerians from immigrating to the US, that ban was only just lifted by the Biden administration. However difficult or hectic the process maybe, it is not impossible to fully and legally relocate after all the US is the home of the brave and the land of the free, more so the US is arguably the most diverse developed country and Nigeria is the largest source of African immigrant to the US.
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Generally, there are two types of visas; immigrant and non-immigrant.
Non-immigrant visa:
This type of visa is for travelers who only wish to stay in the US for a short time. So preachers, students, business people, tourist and many more are people who would need a non-immigrant visa. This visa is relatively easier to get than the immigrant one. This can be gotten at the US embassy Abuja or the US consulate Lagos.
Immigrant visa:
This is the bane of this article, this visa is for those who seek to migrate to the US permanently. Their goal is to secure permanent residency and also get US citizenship. This kind of visa is only processed at the US consulate in Lagos. To start the process of your immigrant visa, you can read more at https://www.uscis.gov/
There are different categories under the immigrant visa, the purpose or route or sponsor of immigration would determine what category or kind of visa that you’d apply for. The available categories include:
This is usually for Nigerians who have relatives or family members who are already US citizens or who are permanent residents. The family members must however be immediate, that is your uncle and other extended family members would not be able to sponsor your visa. Spouses of US citizens, fiancé of a US citizen and other immediate family members would be able to fill out and file the initial petition that would begin the whole process. The fiancé of a US citizen may live in the US legally, provided they get married within 90 days. A spouse of a US citizen can also live and work in the United States.
Another category of family sponsored visa is unmarried children of US citizens who are still under the age of 21 and siblings of a US citizen, can all apply for permanent visas.
The last group under this category is children adopted by US citizens
Also known as employer sponsored visa. This kind of visa is usually sponsored by employers, so you must have gotten a job with a US based company. This also has a lot of categories, see https://fam.state.gov/FAM/09FAM/09FAM050201.html for the full list of immigrant visas. However, consider the list below, it’s in the order of preference according to the US Bureau of consular affairs
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- Priority workers
- Professionals Holding Advanced Degrees and Persons of Exceptional Ability
- Professionals and Other Workers
- Certain Special Immigrants
- Employment Creation/Investors
Let’s talk a little on this. This is a special program called Immigrant Investor Program, also known as the Regional Center Program. This is for people who want to invest in companies in the US, this Visa is called EB-5 to reflect Employment based preference 5. Spouses and children of these investors are also granted visas under the program. The children must however be under the age of 21 and be unmarried. Read more https://www.uscis.gov/working-in-the-united-states/permanent-workers/eb-5-immigrant-investor-program
Once you’ve discovered what category of immigrant visa that best suits you, these are the general steps to follow in processing it:
- The first step is to fill out the appropriate petition forms and submit them to the US. Citizenship and Immigration Services (USCIS). Then you proceed to create an account online. This account can be created at: https://cgifederal.secure.force.com/SiteRegister?country=Nigeria&language=en_US. Please view the documents necessary for filing the petition here: https://www.ustraveldocs.com/ng/ng-iv-visaapplyinfo.html#:~:text=In%20general%2C%20a%20person%20who,office%20in%20the%20United%20States.
If the petition is approved by the USCIS, it is then sent to the National Visa Center (NVC).
- The NVC will help you in preparing and processing your Visa applications at the US Consulate by sending regular updates via email. The process is managed via the Consular Electronic Application Center (CEAC). Please ensure all fees are paid, all forms correctly filled and all supporting documents submitted to NVC. Please find a full list if all documents necessary on the CEAC.
Once your case is reviewed and you’ve met all conditions, you’d be given an appointment date for your visa interview. Interviews are based on the availability of appointments offered at the Embassy/Consulate. Please note that there are limited number of visas given per year in the different categories and from different countries so your petition might actually be granted by the USCIS and you won’t get the visa. The date of filing your petition is actually noted, it’s called your priority date, and it is considered and used. So the limited Visas is on a ‘first come first serve’ basis.
At the NVC stage, there are steps to be completed by your sponsors, like the filing of the affidavit of support and submission of all necessary financial documents
- In preparation for your Interview, you’d need to have completed your medical tests, find more Information on the required tests and the approved health centers here: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/list-of-posts.html. The doctors would either send the results directly to the consulate or give you a sealed envelope, please leave the envelope sealed and bring it along to your interview. Also all civil documents submitted to the NVC via the CEAC must be brought along. Check here for every other needed instructions about your Interview: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/list-of-posts.html
- At the Interview: Everyone immigrating with you should be at the interview along with every of their documents (certified true copies or originals). Digital finger prints scans would also be taken at the interview. The following documents should be brought along to the interview:
– Appointment Letter – The interview appointment letter you received from NVC.
– Passport – For each applicant, an unexpired passport valid for six months beyond the intended date of entry into the United States
– Photographs – two identical color photograph(s) for each applicant, which must meet the general Photograph Requirements, check the requirements here:https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/photos.html
– DS-260 Visa application confirmation Page
Supporting Documents – original or certified copies of all civil documents you uploaded into CEAC.
- After the interview: you’d be informed if your application was successful and you’d be told how and when to get your visa. Your visa is valid for six months so you must travel within that period. You must pay the USCIS Immigrant Fee, this can be paid here: https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-10-prepare-for-the-interview/step-12-after-the-interview.html#ExternalPopup
If your Visa is denied, a consular officer would explain why and the steps you could take. Please read more on Visa denials here: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-denials.html
