Migrating to the U.S. — Immigrant Visas

In General

The three principal ways to immigrate to the United States are through a family relationship, through employment, or through investment. In all cases, the immigration process requires that a petition be filed on behalf of the migrant. The petition is usually filed in the United States through the Citizenship and Immigration Service (USCIS) office having jurisdiction over the residence or employment area of the petitioner. After the petition is approved, it is forwarded to the Consulate or Embassy where the beneficiaries reside and where they will submit applications for their immigrant visas. The visas will allow them to enter the United States for permanent residence which will be evidenced by a “green card” issued by USCIS

There are numerical limits for most categories of immigrant visas that can be issued in a year. Priority is based on the type of visa being applied for. The applicant's place of birth also affects the process, as there are limits to the number of visas that can be issued per country. This means that in some visa categories there are substantial waiting periods before an immigrant visa can be issued. Please see immigrant visa categories and the current priority dates for each category for more information.

A fourth way to immigrate is under the diversity lottery program, which randomly selects a certain number of applicants from certain countries once a year.

Appointments are scheduled Monday, Tuesday, Wednesday, and Friday, after applicants notify the office they are ready to immigrate. They notify the office by sending Form DS-2001 & Overview Instructions to the Consulate, which is included in a packet of instructions mailed to applicants after their petitions have been approved. Appointments are scheduled for dates one to two months after the receipt of this form. If approved, and assuming there are no other complications, the immigrant visa will be ready for collection the following day. The visa will be valid for six months from the date the visa was approved, although there are occasionally special circumstances that may limit the validity of a visa.

However, if on the day of the interview it is determined that the applicant needs to submit additional documentation, these additional documents must be mailed to this office. He/she will also be required to include a self-addressed 3kg Express Post envelope. This envelope will be used to mail the visa to the applicant once it is issued.

Attorneys may participate in the preparation of the visa application but should not accompany applicants to the interview itself.

Fees

There are separate fees for filing the petition and for processing the application and issuing the immigrant visa. For applicants obtaining a visa under the Diversity Visa Program (“lottery visa”), there is an additional surcharge. Please see current immigrant visa fees.

To request a petition and a packet of information, contact us via the details listed below.

Family Sponsored Immigration

American citizens, including members of the armed forces, who are resident in Australia may file immigrant visa petitions for immediate relative (IR) classification at the U.S. Consulates General in Melbourne, Sydney, and Perth. The consular officer will determine whether your petition can be adjudicated at the Consulate or whether it will require adjudication by a U.S. Citizenship and Immigration Services (USCIS) office.

The Consulate General in Melbourne accepts petitions by appointment only. Please e-mail MelbourneACS@state.gov to schedule an appointment to lodge your petition.

The Consulate General in Sydney accepts petitions by appointment on Thursdays (except U.S. and local public holidays) between 8:00am and 11:45am. Please e-mail SydneyPetitions@state.gov to schedule an appointment to lodge your petition.

The Consulate General in Perth accepts petitions on a walk-in basis Monday to Thursday (except U.S. and local public holidays) between 8:30am and 11:30am.

If the petition is approved, your spouse/child/parent will need to complete all documentary requirements, including medical examinations and police clearances, and have an interview with a consular officer in Sydney before an immigrant visa is approved and issued. For information on documentary requirements for U.S. immigrant visas or scheduling appointments at the Consulate, please see our immigrant visa page.

For further information on filing immigrant visa petitions, please refer to the USCIS website.

Employment and Investment-based Immigration

Based on job skills, professional expertise, and employment needs in the United States, a U.S. employer can file an employment-based petition to bring workers and their immediate families permanently to the United States. The employer must file a petition with the USCIS office having jurisdiction over the place of proposed employment. In addition to obtaining USCIS approval, certain employment categories require a certification by the Department of Labor that the prevailing wage will be paid and that the local labor market in the U.S. cannot fill the employment need claimed in the petition. The petition and the certification must be done in the United States. Once approved, the petition will be forwarded through the State Department to the Embassy or Consulate where the beneficiaries reside.

Investing in a business that creates employment is another method of immigrating to the United States. Applicants for this visa must invest in a new commercial enterprise which will create full-time employment for at least 10 persons other than the investor’s spouse and children. The usual minimum investment is US$1 million, but may be as low as US$500,000 if the investment is in a rural or high unemployment area. On the other hand, the required amount can be higher if the investment is made in an area of high employment. A person wanting to immigrate by investment must file a petition with USCIS office in the U.S. having jurisdiction over the principal area where the new commercial enterprise will be doing business.

Diversity Lottery Immigration

Once a year, 55,000 immigrants from countries other than principal sources of current immigration to the U.S. are selected on a lottery basis. The terms and procedures for the lottery are announced each year, near November.

Immigrant Visa Inquiries

Email

sydneyiv@state.gov

Address

Immigrant Visa Unit
U.S. Consulate General
MLC Centre
Level 59
19-29 Martin Place
Sydney NSW, 2000

All visitors to the U.S. Consulate General, Sydney must report to security on Level 10.

Fax

(02) 9373-9185

Note: All immigrant visa applications are processed at the U.S. Consulate in Sydney, regardless of where in Australia the applicant resides. The Embassy in Canberra and the Consulates in Perth and Melbourne do not process immigrant or fiancé(e) visa applications.

For further information on immigrant visas please see the U.S. Department of State’s webpage Immigrants to the U.S.

Last update: Tuesday, 13 May 2008 GMT+1000