Immigrant Visas

General Application Notes

In general, any applicant for an immigrant visa must be the beneficiary of an approved petition. A few categories of 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 on their behalf.

• How to make an appointment for a visa interview
  Visa applications and I-130 petitions can be submitted by appointment only. Appointments can be made by phone (+36-1-475-4394) or by e-mail (iv.budapest@state.gov).
  Please note: The presence of an attorney at the consular interview is not necessary; however, an attorney may accompany the applicant.
  
  
• Applicants for family-based immigrant visas, who believe they are entitled to immigrant status based on a relationship to a U.S. citizen or lawful resident alien, should have that relative (known as the petitioner) file a petition (Form I -130) with the office of the U.S. Citizenship and Immigration Services (USCIS, formerly INS) in the United States that has jurisdiction over the petitioner's place of residence. In some cases, if the American citizen sponsor is residing abroad, he or she may file the petition with an Immigration Service office located abroad or a U.S. consular officer at an American Embassy or Consulate.
  -- New Regulations for Submitting Certain Immigrant Visa Petitions (as of January 22, 2007)
  
  
• In order to file the Form I-130 at the Consular Section, the American citizen petitioners must be able to show they have permission to reside in the consular district and that they have been doing so continuously for at least six moths before filing the petition.
  
  
• For further information, please visit the Family-Based Immigrants page of the U.S. Department of State.
  
  
• Applicants for employment-based immigrant visas, who believe they are entitled to immigrant status based on proposed employment in the U.S., require an approved petition (Form I -140) from a USCIS office in the U.S. People who qualify as Priority Workers may petition on their own behalf with the USCIS, while others must have prospective employers file their petitions. Prior to filing a petition with the USCIS, applicants for classification as a member of "the professions", professionals, skilled or unskilled workers must obtain certification from the Department of Labor that there are no qualified workers available for the proposed employment in the U.S.
  For further information, please visit the Employment-Based Visas page of the U.S. Department of State.
  Please also see the Work Visa page of the Non-Immigrant Visa Section.
  
  
• Investors must file a Form I -526 petition with USCIS.
  
  
• Special immigrants, returning residents and U.S. government employees must apply to the Secretary of State through a U.S. consular office abroad. All other special immigrants must file a Form I-360 petition with a USCIS office.

Last updated: 11/07/2007