Applying for an Immigrant Visa on Behalf of Immediate Relatives

The United States Citizenship and Immigration Services (USCIS) has sole authority under U.S. law to approve immigrant petitions. Under certain circumstances, this petition approval authority is delegated to Embassies.

This is general information for American citizens who wish to file a petition (I-130) on behalf of an immediate relative (spouse, parent or child).

Whether you file your immigrant petition (I-130) in the U.S. with USCIS or at an embassy or consulate is partly a matter of choice, but the forms and fees are the same. You can file an I-130 petition with the USCIS by mail and no appointment is required. You do not need to appear for an interview and you can send photocopies of all required civil documents with your petition. The wait for the USCIS to approve a petition and send it to the National Visa Center can range from a few months to over a year, after which the NVC forwards it to an embassy or consulate.

You may also choose to submit petitions for immediate relatives only at an embassy. Embassies are generally able to accept and approve petitions from United States citizens for their spouses, unmarried children under 21 and parents. Petitions for siblings or older/married children can only be filed in the United States. Petitions for fiancés can only be filed in the United States.

The consular section in Nicosia accepts immigrant visa petition filings for immediate relatives (spouse, child or parent) of American citizens who are permanent resident in Cyprus or Iran.

Please be advised the Embassy will conduct the interview in English, Greek or Turkish. We cannot conduct interviews in other languages. Both petitioner and beneficiary must be able to speak any of the above mentioned languages. If you need to conduct the interview in Farsi, please apply at another American Embassy that has Farsi speaking officers.

If the case is clearly approvable, the consulate can continue processing locally. If, however, the case is not clearly approvable, the consulate must forward the petition to USCIS Athens for further processing. This may take six months or more. Any decision to forward a petition to USCIS Athens is final.

HOW TO PRE-PROCESS AN IMMIGRANT PETITION

If you file at the U.S. Embassy Consulate in Nicosia the American citizen (petitioner) must personally appear in person, along with his/her beneficiary in order to accord the Immediate Relative status, with appointment only.
Note: The petitioner and beneficiary should have a legitimate existing relationship when requesting the appointment.

This process is the first step for the immigrant visa application, and should usually be filed several weeks before the intended travel. However, in order to eliminate the need for the petitioner to travel ahead of the beneficiary to Nicosia, Cyprus, we can "pre-process" the case, thus allowing the petitioner to file the I-130 Petition at the time of the beneficiary’s immigrant visa interview at this office. In other words, we will accomplish in one interview what used to require two separate appearances.

If the application is approved and all supporting documents are in order, we can normally approve the petition and immigrant visa application on the same day the petition is filed. The immigrant visa is issued the next working day and valid for six months for entry into the United States.

However, no assurance can be given in advance that a visa will be issued. A consular officer can make a decision only at the time of the interview. You are advised not to make any final arrangements for travel to the United States until the visa application has been approved.

REQUIREMENTS TO BEGIN PRE-PROCESSING

- Form DS-230 Part I – Biographic Data to be fully completed with beneficiary information;
- Copy of petitioner US passport (biographic page only);
- Copy of beneficiary passport (biographic page only);
- Cover letter stating travel plans to the U.S. and when an appointment is desired. Include contact information, e-mail or fax.

The above requested documents must be forwarded to this office by fax or e-mail in order for us to begin the pre-processing. Once we receive the above requested documents we will begin all necessary administrative processing of the application.

This office will notify either petitioner or beneficiary via e-mail with an appointment date as soon as the administrative processing is complete.

In support of the visa application, the beneficiary will be required to obtain certain documents (see check list below). At that time the beneficiary should also schedule an appointment for the medical examination with one of the panel physicians listed.

CHECK LIST

The following documents are required for each immigrant visa petition filing.

Documents must be either originals or government certified copies (for civil documents), and must be translated into English.

PLEASE MAKE CERTAIN THAT YOUR DOCUMENTS ARE PLACED IN THE FOLLOWING ORDER WHEN SUBMITTED:

• Form I-130 petition for alien relative
• Form DS-230 Part I and II – Biographic Data and Sworn Statement (to be signed in front of the consular officer) Application for Immigrant Visa and Alien Registration
• Form G-325A Biographic Information (to be completed one each, only if you are filing for spouse)
• Passports and photocopy of the petitioner and beneficiary's passport. Beneficiary's passport must be valid for travel to the United States and must have at least six months validity beyond the issuance date of the visa.
• Petitioner's proof of legal change of name (if applicable)
• Petitioner’s Certificate of Naturalization (if born abroad)
• Current Marriage certificate
• Divorce certificate for all previous marriages for petitioner and beneficiary, if applicable
• Death certificate for any previous spouses for petitioner and beneficiary, if applicable
• Evidence of relationship (very important) that may include: old and current photos, letters to each other, cards, phone bills, etc
• Police certificate - Each visa applicant aged 16 years or over is required to submit a police certificate from the police authorities of each locality of the country of the applicant's nationality or current residence if the applicant has resided there for at least six months since attaining the age of sixteen. Police certificates are also required from all other countries where the applicant has resided for at least one year (if over 16 at the time). A police certificate must also be obtained from the police authorities of any place where the applicant has been arrested for any reason, regardless of how long he or she lived there. Police certificates must cover the entire period of the applicant's residence in any area. A certificate issued by the police authorities where you now reside must not be older than 6 months when presented to the consular officer. Police certificates from certain countries are unavailable. More specific information is a available online at http://travel.state.gov/visa/reciprocity/index.htm
• Court and Prison Records – Applicants who have been convicted of a crime must obtain a certified copy of each court record and of any prison record, regardless of the fact that they may have benefited subsequently from an amnesty, pardon, or other act of clemency.
• Military records must contain a complete record of the applicant's service and conduct while in the service. The record must show any convictions of crime before military tribunals. (see http://travel.state.gov/visa/reciprocity/index.htm to determine availability of military records.)
• Deportation - Applicants who have previously been deported or removed at government expense from the United States must obtain Form I-212, Permission to Reapply after Deportation. Download Form I-212
• Birth certificate - A certified copy of the birth certificate of the applicant is required. The certificate must state the full date and place of birth and the names of both parents. The certificate must also indicate that it is an extract from official records.
• Medical examination - Arrange for a medical examination with the physician (see panel physicians). You are responsible for the cost of the examination.
• Picture requirements
• Evidence of support –The petitioner must complete Form I-864, Affidavit of Support Under Section 213A of the Act.

  The petitioner must submit the following items:

  -	original Form I-864, Affidavit of Support. All pages must be in the correct order and stapled together;
  -	IRS transcript or photocopy of the most recent Federal income tax return (Form 1040) with all supporting schedules, current as of the date of execution of the I-864. If no tax return was filed, you should attach a written explanation and/or a copy of the instructions from the Internal Revenue Service publication that shows you were not obligated to file;
  -	proof of current employment required only if, tax return reflects income that does not meet the poverty guidelines as of the time of signing and the record does not already contain additional evidence that the sponsor meets the current income requirement;
  -	evidence of assets if needed to meet the minimum income requirement.

  
  

  Evidence of support from a Joint Sponsor if the petitioner’s income does not meet the 125% income requirement.
  
  The joint sponsor must complete Form I-864, Affidavit of Support Under Section 213A of the Act.

   

  The joint sponsor must submit the following items:

  -	original Form I-864, Affidavit of Support. All pages must be in the correct order and stapled together;
  -	IRS transcript or photocopy of the most recent Federal income tax return (Form 1040) with all supporting schedules, current as of the date of execution of the I-864;
  -	proof of U.S. citizenship or lawful permanent resident (LPR) status.

• Immigrant Visa Fees - may be paid in US$ or the local currency equivalent. Visa fees may be paid in cash or by credit card (AMERICAN EXPRESS, DINERS CLUB, DISCOVER, MASTERCARD or VISA only). Fees are not refundable.

  I-130 petition U.S.$190
  Immigrant Visa U.S.$335
  Immigrant Visa Surcharge U.S.$45
  

  Download the below Immigration forms http://uscis.gov/graphics/formsfee/forms/index.htm
  and DS forms http://foia.state.gov/FORMS/visa.asp

  DS-230 Part I and II - Application for Immigrant Visa and Alien Registration
  I-130 Petition
  G-325A Biographic Data
  I-864 Affidavit of Support

   

  IMPORTANT NOTES:

  BOTH THE PETITIONER AND THE BENEFICIARY MUST BE PRESENT AT THE PETITION FILING.

  AN APPOINTMENT DOES NOT GUARANTEE THAT THE PETITION ITSELF WILL BE APPROVED.

  ALL FORMS MUST BE COMPLETED IN THEIR ENTIRETY, PRESENTED IN THE ABOVE ORDER, AND LEGIBLE. FAILURE TO ADHERE STRICTLY TO THESE GUIDELINES WILL RESULT IN BOTH DELAY AND, POSSIBLY, DENIAL OF THE PETITION FILING.

  Persons who have remained in the U.S. in unlawful status after April 1, 1997 for more than 180 days but less than 1 year are excludable for re-entry into the U.S. for a period of three years. Persons who have remained in unlawful status for one year or more are excludable for ten years. Waivers are available but not automatic.

  Visa Ineligibility/Waiver

  The immigration laws of the United States, in order to protect the health, welfare, and security of the U.S., prohibit the issuance of a visa to certain applicants. Examples of applicants who must be refused visas are those who: have a communicable disease, or have a dangerous physical or mental disorder; have committed serious criminal acts; are terrorists, subversives, members of a totalitarian party, or former Nazi war criminals; have used illegal means to enter the U.S.; or are ineligible for citizenship. Some former exchange visitors must live abroad for two years. Physicians who intend to practice medicine must pass a qualifying exam before receiving immigrant visas. If found to be ineligible, the consular officer will advise the applicant of any waivers.

  Medical Examinations

  Before the issuance of an immigrant visa, every applicant, regardless of age, must undergo a medical examination. The examination will be conducted by a doctor designated by the consular officer. The applicant must pay for the examination.

  Miscellaneous

  Since no advance assurances can be given that a visa will be issued, applicants are advised not to make any final travel arrangements, not to dispose of their property, and not to give up their jobs until visas have been issued to them. An immigrant is valid for six months from the date of issuance.

  With few exceptions, a person born in the United States has a claim to U.S. citizenship. Persons born in countries other than the U.S. may have a claim, under United States law, to U.S. nationality if either parent was:

  Born or naturalized in the U.S., or a U.S. citizen at the applicant's birth.

  Any applicant believing he or she may have a claim to U.S. citizenship should not apply for a visa until his or her citizenship has been determined by the consular office.

   

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  Immigrant Visa Unit
  Metochiou & Ploutarchou Streets
  Engomi 2407 Nicosia, Cyprus
  E -mail: consularnicosia@state.gov

  TEL: (357) 22 39 39 39
  FAX: (357) 22 39 33 44