Visit the US

There are two types of nonimmigrant visas available for people who want to visit the United States.

· Visitor for business (B-1)
· Visitor for pleasure (B-2)

The B-1 visa is for individuals who wish to visit the United States temporarily for business purposes, (e.g. conferences) or for medical treatment, or to accompany a family member who is requires medical treatment.

The B-2 visa is for individuals who wish to visit the United States temporarily or to visit family or friends.

If you are planning to visit the United States, you should be prepared to demonstrate the following:

· Your visit will be temporary
· You will depart at the end of your authorized stay or any extension granted by USCIS
· You are in possession of a valid passport
· You maintain a foreign residence that you have no intention of abandoning
· You are able to support yourself financially while in the United States
· You are admissible to the United States or have obtained a waiver for any ground of inadmissibility. For more information on this topic, see section 212(a) of the Immigration and Nationality Act (INA) in the link to the right.

Generally, if you want to visit the United States you must first obtain a nonimmigrant visitor visa. Travelers from certain countries may be exempt from this requirement. For more information about visa requirements and procedures, see the U.S. Department of State and Customs and Border Protection (CBP) links to the right.

If you want to travel to the United States for reasons other than business or pleasure, you must apply for a visa in the appropriate category. This includes if you want to study, work as a crew member or journalist, etc., You can get help determining which visa you need by selecting the appropriate categories in the “Where to Start” menu on our home page

Passing through a U.S. Port of Entry

You should be aware that a visa does not guarantee admission into the United States. CBP may deny your admission, and also limit the period of time you are authorized to remain in the United States. For more information about the requirements for visiting the United States, go to the CBP link to the right.

If CBP authorizes your admission to the United Statesat the designated port of entry, you will receive a stamped Form I-94, Record of Arrival-Departure. If you wish to stay beyond the time indicated on the Form I-94, you may apply for an extension by filing Form I-539, Application to Extend/Change Nonimmigrant Status, with USCIS.

If you lose your Form I-94, you may apply for a replacement by filing a Form I-102, Application for Replacement/Initial Nonimmigrant Arrival/Departure Record.

Related Links >>

· Extend My Stay
· Change My Nonimmigrant Status
　　

Change My Nonimmigrant Status

If you want to change the purpose of your visit while in the United States, you (or in some cases your employer) must file a request with USCIS on the appropriate form before your authorized stay expires. For instance, if you arrived here as a tourist but want to become a student, you must submit an application to change your status. We recommend that you apply as soon as you determine that you need to change to a different nonimmigrant category.

Until you receive approval from USCIS, do not assume the status has been approved, and do not change your activity in the United States. For example, if you are currently a nonimmigrant tourist, do not begin attending school as a student until you have received authorization from USCIS to change your status. If you fail to maintain your nonimmigrant status, you may be barred from returning to and/or removed (deported) from the United States. Your authorized status and the date your status expires can be found in the lower right-hand corner of your Form I-94, Arrival-Departure Record.

In general, you may apply to change your nonimmigrant status if you were lawfully admitted to the United States with a nonimmigrant visa, your nonimmigrant status remains valid, you have not violated the conditions of your status, and you have not committed any crimes that would make you ineligible.

You do not need to apply to change your nonimmigrant status if you were admitted into the United States for business reasons (B-1 visa category ) and you wish to remain in the United States for pleasure before your authorized stay expires.

You do not need to apply to change your nonimmigrant status if you wish to attend school in the United States, and you are the spouse or child of someone who is currently in the United States in any of the following nonimmigrant visa categories:

· Diplomatic and other government officials, and employees (A visa category)
· International trade and investors (E visa )
· Representatives to international organizations and their employees (G visa )
· Temporary workers (H visa)
· Representatives of foreign media (I visa)
· Exchange visitors (J visa)
· Intracompany transferees (L visa)
· Academic (F visa) or vocational (M visa) students (you may attend elementary, middle or high school only: if you want to attend post-secondary school full-time you must apply for a change of status).

You may not apply to change your nonimmigrant status if you were admitted to the United States in the following categories:

· Visa Waiver Program· Crew member (D nonimmigrant visa)
· In transit through the United States (C nonimmigrant visa)
· In transit through the United States without a visa (TWOV)
· Fiancé of a U.S. citizen or dependent of a fiancé (K nonimmigrant visa)
· Informant (and accompanying family) on terrorism or organized crime (S nonimmigrant visa)

If you are a vocational student (M-1), you may not apply to change your status to a(n):

· Academic student (F-1)
· Any H status (Temporary worker), if the training you received as a vocational student in the United States provided the qualifications for the temporary worker position you seek.

If you are an international exchange visitor (J-1), you may not change your nonimmigrant status if:

· You were admitted to the United States to receive graduate medical training, unless you receive a special waiver.
· You are an exchange visitor and are required to meet the foreign residence requirement, unless you receive a waiver.
　　 · If you do not receive a waiver, you may only apply to change to a diplomatic and other government officials (A visa) or representatives to international organizations (G visa)

For information on how to apply, see the “How Do I Apply” link to the left.

Extend My Stay

If you want to extend your stay in the United States, you must file a request with U.S. Citizenship and Immigration Services (USCIS) on the Form I-539, Application to Extend/Change Nonimmigrant Status before your authorized stay expires. If you remain in the United States longer than authorized, you may be barred from returning and/or you may be removed (deported) from the United States. Check the date in the lower right-hand corner of your Form I-94, Arrival-Departure Record, to determine the date your authorized stay expires. We recommend that you apply to extend your stay at least 45 days before your authorized stay expires.

You may apply to extend your stay if:

· You were lawfully admitted into the United States with a nonimmigrant visa
· Your nonimmigrant visa status remains valid
· You have not committed any crimes that make you ineligible for a visa
· You have not violated the conditions of your admission
· Your passport is valid and will remain valid for the duration of your stay

You may not apply to extend your stay if you were admitted to the United States in the following categories:

· Visa Waiver Program
· Crew member (D nonimmigrant visa)
· In transit through the United States (C nonimmigrant visa)
· In transit through the United States without a visa (TWOV)
· Fiancé of a U.S. citizen or dependent of a fiancé (K nonimmigrant visa)
· Informant (and accompanying family) on terrorism or organized crime (S nonimmigrant visa)

For information on how to apply, see the “How Do I Apply” link to the left.

Family

USCIS serves families with a wide range of immigration-related interests. This section of the website will explain how you may petition for relatives to immigrate to (permanently live in) the United States. If you are interested in other aspects of immigration, such as visitor visas or citizenship, see the links to the right.

How Can I Help a Family Member Immigrate?

Your status determines which relatives (or future relatives such as a fiancé(e) or prospective adopted child) may be eligible to receive immigration benefits. In order to help a family member immigrate to the United States, you must be a:

· U.S. citizen
· Permanent resident (green card holder)
· Refugee admitted as a refugee within the past 2 years or asylee granted asylum within the past 2 years

To find out whether your family members are eligible to immigrate and the steps you can take to help them, see the links to the left.

If you or a member of your family is in the U.S. military, see the “Information for Members of the Military and Their Families” link to the right. Information on other family-related subjects such as adoption and genealogy can also be found in the links to the right.

Related Links >>

· Family of U.S. Citizens
· Family of Green Card Holders (Permanent Residents)
· Family of Refugees & Asylees

　　

Family of Refugees & Asylees

If you entered the United States as a refugee within the past 2 years or were granted asylee status within the past 2 years, you may petition for certain family members to obtain derivative refugee or asylee status. If you have not yet been granted or applied for refugee or asylee status, please see the “Refugees & Asylum” link to the right.

You May Petition for the Following Family Members:

· Spouse
· Child (unmarried and under 21 when you first applied for asylum or refugee status)

Eligibility Criteria

· As the petitioner, you must be a principal refugee or asylee. This means that you were granted refugee or asylee status directly and did not obtain it through a relative.

· You entered the United States as a refugee within the past 2 years or were granted asylum within the past 2 years.

· You remain in refugee or asylee status or have become a permanent resident (received a green card). If you have already become a U.S. citizen through naturalization, you cannot petition to obtain derivative refugee or asylee status for a relative. However you may still be able to help family immigrate to the United States. See the “Family of U.S. Citizens” link to the left for more information.

· The family relationship had to exist before you came to the United States as a refugee or were granted asylum:

　　　· If you want to file for your spouse, you had to be married before you entered as a refugee or were granted asylum. See the “Refugee & Asylee Spouses” link to the left for more information.

　　　· Your child had to be conceived (this means the mother was already pregnant) or born before you entered as a refugee or were granted asylum. See the “Refugee & Asylee Children” link to the left for more information.

Application Process

· File Form I-730, Refugee/Asylee Relative Petition. (This form is free to file. To download the form and instructions, see the “Forms” section to the right.)

For more information on refugees and asylees, see the “Humanitarian” link to the right.

Family of Green Card Holders (Permanent Residents)

As a green card holder (permanent resident), you may petition for certain family members to immigrate to the United States as permanent residents.

You May Petition For The Following Family Members:

· Spouse (husband or wife)
· Unmarried children under 21
· Unmarried son or daughter of any age

Application Process

To obtain a green card for your family member, you must:

· File Form I-130

· Provide proof of your status to demonstrate that you are a permanent resident.
Submit evidence of the qualifying relationship such as a birth certificate, marriage certificate, divorce decree, etc. See the form instructions for specific documents required.

· Submit proof of any legal name change for you or your family member (the beneficiary).

See the instructions for Form I-130, Petition for Alien Relative, for detailed instructions.

If you or a member of your family is in the U.S. military special conditions may apply to your situation. For information and additional resources, see the “Information for Members of the Military and their Families” link to the right.

Preference Categories

When petitioning for your relative, the following preference categories apply:

· First preference: Unmarried, adult sons and daughters of U.S. citizens. (Adult means 21 or older)
· Second Preference (2A): Spouses of green card holders, unmarried children (under 21) of permanent residents
· Second Preference (2B): Unmarried adult sons and daughters of permanent residents
· Third Preference: Married sons and daughters (any age) of U.S. citizens
· Fourth Preference: Brothers and sisters of adult U.S. citizens

A visa becomes available to a preference category according to the priority date (the date the I-130 was properly filed). For more information on priority dates, see the “Visa Availability and Priority Dates” link to the right.

What happens next?

· If your relative is already in the United States legally, he or she may apply to adjust status to become a permanent resident after a visa number becomes available using Form I-485, Application to Register Permanent Residence or Adjust Status.

· If your relative is outside the United States, your petition will be sent to the National Visa Center (NVC). The NVC will forward your petition to the appropriate U.S. consulate when a visa becomes available and your relative will be notified about how to proceed. This process is referred to as “Consular Processing.”

· Your family member’s preference category will determine how long he or she will have to wait for an immigrant visa number. Once you have filed a petition, you can check its progress on “My Case Status” in the links to the right. For visa availability information, see the “Visa Bulletin” link to the right.

For more information on becoming a permanent resident, see the “Adjustment of Status” (for processing within the United States) and “Consular Processing” (for processing overseas) links to the right. For more information on green cards, see the “Green Card” link to the right. For more information on each benefit type and the steps to take to help your relative immigrate, see the links to the left.

Note: A visa petition (Form I-130) is only used to demonstrate a qualifying relationship. An approved petition DOES NOT grant any benefit except to create a place in line for visa processing. For more information on green cards, see the “Green Card” link to the right. For more information on relatives and green cards, see the link to the left.

Family of U.S. Citizens

As a U.S. citizen, you may petition for certain family members based on your relationship.

Relatives for Whom You (U.S. Citizen) May Petition and Related Benefits and Required Forms



If you or a member of your family is in the U.S. military special conditions may apply. See the “Information for Members of the Military and their Families” link to the right. For more information on fiancé(e) visas and K-3/K-4 nonimmigrant visas, see the corresponding links to the left under "Family of U.S. Citizens". If you would like information on citizenship or adoption, see the corresponding links to the right.

Application Process: Green Card (Permanent Residence)

To petition for a family member to receive a green card (permanent residence), you must submit with your Form I-130, petition for alien relative:

· Proof of your U.S. citizenship
· Evidence of the qualifying relationship (birth certificate, marriage certificate, divorce decree, etc.)
· Proof of any legal name change for you or the beneficiary

Spouses of deceased U.S. permanent residents (widows and widowers) may also be eligible to become permanent residents. See the “Widow(er)” link to the right.

Immediate Relatives

The term “immediate relative(s)” is used to define certain immigrant relatives of U.S. citizens. Immediate relatives include:

· Spouses of U.S. citizens
· Children (unmarried and under 21) of U.S. citizens
· Parents of U.S. citizens (The petitioning citizen must be 21 or older.)

For immediate relatives of U.S. citizens, visas are always available, which means that your family member does not need to wait in line for a visa. Immediate relatives who are in the United States can file Form I-485 at the same time as Form I-130. For more information on how your relative can apply to adjust status (get a green card) while he or she is in the United States, see the “Green Card” link to the right.

Preference Categories

Preference categories include family relationships that are not immediate relatives and have annual numerical limits. A visa becomes available to a preference category based on the priority date (the date the Form I-130 was filed). The following are preference categories:

· First preference: Unmarried, adult sons and daughters of U.S. citizens (adult means 21 or older.)

· Second Preference (2A): Spouses of green card holders, unmarried children (under 21) of permanent residents

· Second Preference (2B): Unmarried adult sons and daughters of permanent residents

· Third Preference: Married sons and daughters (any age) of U.S. citizens

· Fourth Preference: Brothers and sisters of adult U.S. citizens

For current wait times, see the “Visa Bulletin” and “Processing Times” links to the right. For more information on priority dates, see the “Visa Availability and Priority Dates” to the right. For more specific information on how to help individual members of your family, see the corresponding link under “Family of U.S. Citizens” to the left.

What Happens Next?

· If your relative is already in the United States, he or she may apply to adjust status to become a green card holder (permanent resident) after a visa number becomes available using Form I-485.

· If your relative is outside the United States, your petition will be sent to the National Visa Center (NVC). The NVC will forward your petition to the appropriate U.S. consulate when a visa becomes available and your relative will be notified about how to proceed. This process is referred to as “Consular Processing.”

· Your family member’s preference category will determine how long he or she will have to wait for an immigrant visa number. Once you have filed a petition, you can check its progress on “My Case Status”, in the links to the right. For visa availability information, see the “Visa Bulletin” link to the right.

For more information on becoming a green card holder, see the “Adjustment of Status” (for processing within the United States) and “Consular Processing” (for processing overseas) links to the right. For more information on green cards, see the “Green Card” link to the right.

NOTE: A visa petition (Form I-130 or Form I-129F) is only used to demonstrate a qualifying relationship. An approved petition DOES NOT grant any benefit, it simply creates a place in line for visa processing.

Citizenship

The United States has a long history of welcoming immigrants from all parts of the world. America values the contributions of immigrants who continue to enrich this country and preserve its legacy as a land of freedom and opportunity.

Deciding to become a U.S. citizen is one of the most important decisions in an individual’s life. If you decide to apply to become a U.S. citizen, you will be showing your commitment to the United States and your loyalty to its Constitution. In return, you are rewarded with all the rights and privileges that are part of U.S. citizenship.

You may become a U.S. citizen either at birth or after birth. Individuals who are born in the United States and subject to the jurisdiction of the United States and individuals born in certain territories or outlying possessions of the United States are citizens at birth. Also, individuals born outside the United States may be citizens at birth if their parent or parents were citizens at the time of birth and other requirements are met.

Additionally, you may become a U.S. citizen after birth either through your parents, known as “derived” or “acquired” citizenship, or by applying for naturalization on your own.

For information about becoming a permanent resident (green card holder) or petitioning for family members, see “Green Card” or “Family” links on the home page.

Citizenship Through Naturalization

Generally, permanent residents (green card holders) age 18 or older who meet all eligibility requirements for naturalization may submit a Form N-400, Application for Naturalization. For more information, see the “Citizenship Through Naturalization” link to the left.

Citizenship Through Parents

If eligible, you can “acquire” or “derive” U.S. citizenship through a qualifying U.S. citizen parent(s). For more information, see the “Citizenship Through Parents” link to the left.

The Naturalization Test

Most naturalization applicants are required to take a test on English, and U.S. history and government. We provide resources to help you prepare. For more information, see the “Naturalization Test” link to the left. For study materials, see the “Citizenship & Naturalization Based Resources” link to the right.

Citizenship for Military Members and Dependents

Members and veterans of the U.S. armed forces and their dependents may be eligible for special naturalization provisions. See the “Information for Members of the Military & Their Families” link to the right.

Citizenship Through Naturalization

Naturalization is the process by which U.S. citizenship is granted to a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA).

In most cases, an applicant for naturalization must be a permanent resident (green card holder) before filing. Except for certain U.S. military members and their dependents, naturalization can only be granted in the United States.

You May Qualify for Naturalization if:

· You have been a permanent resident for at least 5 years and meet all other eligibility requirements. See the “General Path to Naturalization” link under “Citizenship by Naturalization” to the left.

· You have been a permanent resident for 3 years or more and meet all eligibility requirements to file as a spouse of a U.S. citizen. See the “Spouses of U.S. Citizens” link under “Citizenship by Naturalization” to the left.

· You have qualifying service in the U.S. armed forces and meet all other eligibility requirements. See the “Information for Members of the Military and Their Families” link to the right.

· Your child may qualify for naturalization if you are a U.S. citizen, the child was born outside the U.S., the child is currently residing outside the U.S., and all other eligibility requirements are met.

Note: You may also qualify through other paths to naturalization if you do not qualify through the paths described on the links to the left. See the “A Guide to Naturalization” link to the right. Chapter 4 of the guide discusses who is eligible for Naturalization.

How to Apply for Naturalization

· Prepare for taking the naturalization test before you apply. We have educational materials and resources to help you prepare. For more information, see the “Naturalization Test” link to the left.

· For applicants eligible pursuant to sections 316, 319, 328, and 329 of the INA, file Form N-400, Application for Naturalization. Find Form N-400 in the “Citizenship and Naturalization Based Forms” link to the right. For more information, see the “How Do I Apply for U.S. Citizenship” link to the right. To learn about sections 316, 319, 328 and 329 if the INA, see the “INA” link to the right.

· Applicants eligible pursuant to sections 328 and 329 of the INA should also file Form N-426, Request for Certification of Military or Naval Service, and Form G-325B, Biographic Information. To learn about sections 328 and 329 of the INA, see the “INA” link to the right.

· For a child eligible pursuant to section 322 of the INA, a Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322, may be filed on behalf of the child. To learn about section 322 of the INA, see the “ Biological or Adopted Children Residing Outside the United States” link to the left under “Citizenship Through Parents” and the “INA” link to the right.

Note: You may already be a U.S. citizen and not need to apply for naturalization if your biological or adoptive parent(s) became a U.S. citizen before you reached the age of 18. See the “Citizenship through Parents” link to the left.

Citizenship Through Parents

Whether someone born outside the United States to a U.S. citizen parent or parents is a U.S. citizen depends on the law in effect when the person was born.

These laws have changed over the years, but usually require a combination of at least one parent being a U.S. citizen when the child was born and having lived in the U.S. or its possessions for a period of time. Additionally, children born outside the United States may become citizens after birth based on their parent’s citizenship or naturalization. For further information on this topic, please see the links to the left under citizenship through parents.

If you still need assistance after having viewed these pages, please contact us at our National Customer Service Center. See the “Contact Us” link to the right.

The Naturalization Test

One of the requirements for U.S. citizenship through naturalization is to take the naturalization test to demonstrate that you are able to read, write, and speak basic English and that you have a basic knowledge of U.S. history and government (also known as “civics”).

Once you have completed and submitted your Form N-400, Application for Naturalization, and you have had your fingerprints taken at a USCIS facility, you will receive an appointment for an interview. At your naturalization interview, you will be required to answer questions about your application and background. You will also take an English and civics test unless you qualify for an exemption or waiver.

English & Civics

During your interview, a USCIS officer will test your ability to read, write, and speak English and your knowledge of civics. You must read one sentence out of three sentences correctly in English, and you must write one sentence out of three sentences correctly in English. Your ability to speak English is determined during your interview on your naturalization application. Finally, you must answer 6 out of 10 civics questions correctly to achieve a passing score.

You will be given two opportunities to take the English and civics tests and to answer all questions relating to your naturalization application in English. If you fail any of the tests at your initial interview, you will be retested on the portion of the test that you failed (English or civics) between 60 and 90 days from the date of your initial interview. See 8 CFR 312.5(a) and 335.3(b).

If You Don’t Pass

If an applicant fails the English and/or civics test during the first examination, the applicant will be required to take the same version of the test, old or new, when the applicant is retested, even if the retest is scheduled on or after October 1, 2009.

Study Materials

We have developed a variety of study materials to help you learn more about U.S. civics (history and government) as you prepare for the naturalization test. See the “Study Materials for the Naturalization Test” link to the right.

Exemptions from English & Civics Requirements

For information on exceptions or modifications to the English and civics requirements for naturalization, see the “Exceptions & Accommodations” link under “Citizenship by Naturalization” to the left.

Students and Exchange Visitors

The United States welcomes thousands of foreign students and exchange visitors every year.

If you wish to pursue full-time academic or vocational studies in the United States you may be eligible for one of two nonimmigrant student categories the “F” category is for academic students and “M” is for vocational students.

If you wish to participate in an exchange program you may be eligible for the “J” category for exchange visitors. The J visa is for educational and cultural exchange programs designated by the Department of State, Bureau of Consular Affairs.

For more information on eligibility requirements and the application process, see the links to the left under “Students and Exchange Visitors.”


Academic and Vocational (F and M visas)

F-1: Academic students

F-2: Spouses and children of F-1

F-3: Canadian or Mexican national academic commuter students

M-1: Vocational students

M-2: Spouses and children of M1

M-3: Canadian or Mexican national vocational commuter students

Exchange Visitors (J visas)

J-1: Exchange visitors

J-2: Spouses and children of J-1

Temporary Visitors for Business

To visit the United State for Business you will need to obtain a Temporary Visitors for Business Visa, unless you qualify for admission without a visa under the Visa Waiver Program.

The table below describes the different classifications of temporary business visitors. For more information on eligibility and the application process, see the links under “Temporary Visitors for Business” to the left.

Temporary Visitors for Business

B-1
Temporary business visitor to conduct activities of a commercial or professional nature. For example, consult with business associates, negotiate a contract, or attend a business conference

WB
Temporary visitor for Business admitted under Visa Waiver Program

GB
Temporary visitor for Business (limited to Guam)

Temporary (Nonimmigrant) Workers

In order for you to come to the United States lawfully as a nonimmigrant to work temporarily in the United States your prospective employer must generally file a nonimmigrant petition on your behalf with USCIS1. The main nonimmigrant temporary worker classifications are listed in the table below. For more information about the filing requirements for particular nonimmigrant classifications, see the specific classification links under "Temporary Workers" to the left.

Spouses and Children Seeking Dependent Nonimmigrant Classification

Spouses and children who qualify for dependant nonimmigrant classification of a temporary worker and who are outside of the United States should apply directly at a U.S. consulate for a visa.

Spouses and children requesting a change of status or extension of stay in a dependent nonimmigrant classification must file Form I-539, Application to Extend/Change Nonimmigrant Status. Please see the Form I-539 instructions for further information on filing procedures for this application.

Temporary (Nonimmigrant) Worker Classification

E-1
Description: Treaty traders and qualified employees.

E-2
Description: Treaty investors and qualified employees.

E-3
Description: Certain "specialty occupation" professionals from Australia.

H-1B
Description: Workers in a speciality occupation and the following sub-classifications:
H-1B1 - Free Trade Agreement workers in a specialty occupation from Chile and Singapore.
H-1B2 - Specialty occupations related to Department of Defense Cooperative Research and Development projects or Co-production projects.
H-1B3 - Fashion models of distinguished merit and ability.

H-1C2
Description: Registered nurses working in a health professional shortage area as determined by the U.S. Department of Labor.

H-2A
Description: Temporary or seasonal agricultural workers.

H-2B
Description: Temporary non-agricultural workers.

H-3
Description:Trainees other than medical or academic. This classification also applies to practical training in the education of handicapped children.

I
Description: Representatives of foreign press, radio, film or other foreign information media.

L-1A
Description: Intracompany transferees in managerial or executive positions.

L-1B
Description: Intracompany transferees in positions utilizing specialized knowledge.

O-1
Description: Persons with extraordinary ability in sciences, arts, education, business, or athletics and motion picture or TV production.

O-2
Description: Persons accompanying solely to assist an O-1 nonimmigrant.

P-1A
Description: Internationally recognized athletes.

P-1B
Description: Internationally recognized entertainers or members of internationally recognized entertainment groups.

P-2
Description: Individual performer or part of a group entering to perform under a reciprocal exchange program.

P-3
Description: Artists or entertainers, either an individual or group, to perform, teach, or coach under a program that is culturally unique.

Q-1
Description: Persons participating in an international cultural exchange program for the purpose of providing practical training, employment, and to share the history, culture, and traditions of the alien's home country.

R-1
Description: Religious workers.

TN
Description: North American Free Trade Agreement (NAFTA) temporary professionals from Mexico and Canada.


1 Only a few nonimmigrant classifications allow you to obtain permission work in this country without an employer having first filed a petition on your behalf. Such classifications include the nonimmigrant E-1, E-2, E-3 and TN classifications, as well as, in certain instances, the F-1 and M-1 student and J-1 exchange visitor classifications.

2 The H-1C nonimmigrant classification is scheduled to expire on December 20, 2009.

3 L-2 dependent spouses may apply for employment authorization.

4 Though the Immigration and Nationality Act (INA) does not provide a specific nonimmigrant classification for dependents of Q-1 nonimmigrants, this does not preclude the spouse or child of a Q-1 from entering the U.S. in another nonimmigrant classification.

Permanent Workers

Approximately 140,000 immigrant visas are available each fiscal year for aliens (and their spouses and children) who seek to immigrate based on their job skills. If you have the right combination of skills, education, and/or work experience and are otherwise eligible, you may be able to live permanently in the United States. The five employment-based immigrant visa preferences (categories) are listed below.

Labor Certification

Some immigrant visa preferences require you to already have a job offer from a U.S. employer. This employer will be considered your sponsor. For some visa categories, before the U.S. employer can submit an immigration petition to USCIS, the employer must obtain an approved labor certification from the U.S. Department of Labor (DOL). The DOL labor certification verifies the following:

· There are insufficient available, qualified, and willing U.S. workers to fill the position being offered at the prevailing wage

· Hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers

For more information see the “Labor Certification” link to the right.


Permanent Worker Visa Preference Categories

First Preference EB-1

General Description: This preference is reserved for persons of extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors or researchers; and multinational executives and managers.

Labor Certification Required? No

Second Preference EB-2

General Description: This preference is reserved for persons who are members of the professions holding advanced degrees or for persons with exceptional ability in the arts, sciences, or business.

Labor Certification Required? Yes, unless applicant can obtain a national interest waiver (See the “Labor Certification” link to the right for more waiver information.)

Third Preference EB-3

General Description: This preference is reserved for professionals, skilled workers, and other workers. (See Third Preference EB-3 link on left for further definition of these job classifications.)

Labor Certification Required? Yes

Fourth Preference EB-4

General Description: This preference is reserved for “special immigrants,” which includes certain religious workers, employees of U.S. foreign service posts, retired employees of international organizations, alien minors who are wards of courts in the United States, and other classes of aliens.

Labor Certification Required? No

Fifth Preference EB-5

General Description: This preference is reserved for business investors who invest $1 million or $500,000 (if the investment is made in a targeted employment area) in a new commercial enterprise that employs at least 10 full-time U.S. workers.

Labor Certification Required? No

Information for Employers and Employees

Employers must verify that an individual whom they plan to employ or continue to employ in the United States is authorized to accept employment in the United States. For more information about the employment authorization verification process, see the “About Form I-9 and E-Verify” link to the right.

As an employer, you may require the services of a foreign national to work at your company or business. If the individual is already a permanent resident (green card holder), you may hire that individual, but you must comply with the employment verification requirements.

If the alien is not already a permanent resident, you will need to file a petition so that the individual may obtain the appropriate immigrant or nonimmigrant classification. You may chose to file an immigrant petition (permanent) or a nonimmigrant petition (temporary) on behalf of that employee. The links to the left provide information on how to petition and the different eligibility categories.

Employees

No alien may accept employment in the United States unless they have been authorized to do so. Some aliens, such as those who have been admitted as permanent residents, granted asylum or refugee status, or admitted in work-related nonimmigrant classifications, may have employment authorization as a direct result of their immigration status. Other aliens may need to apply individually for employment authorization.

There are many ways in which a person may be able to work in the United States. You may seek an immigration classification that permits you to live and work in the United States permanently or temporarily. In most instances, your employer or potential employer must petition for you. In the links to your left, you will find more information about coming to the United States to work temporarily or permanently and the many different eligibility categories for working in the United States.

Additional Information

General employer information: 1-800-357-2099

Working in the US

The United States welcomes thousands of foreign workers in multiple occupations or employment categories every year. These include artists, researchers, cultural exchange participants, information technology specialists, religious workers, investors, scientists, athletes, nurses, agricultural workers and others. All foreign workers must obtain permission to work legally in the United States. Each employment category for admission has different requirements, conditions and authorized periods of stay. It is important that you adhere to the terms of your application or petition for admission and visa. Any violation can result in removal or denial of re-entry into the United States.

Temporary (Nonimmigrant) Worker

A temporary worker is an individual seeking to enter the United States temporarily for a specific purpose. Nonimmigrants enter the United States for a temporary period of time, and once in the United States, are restricted to the activity or reason for which their nonimmigrant visa was issued.

Permanent (Immigrant) Worker

A permanent worker is an individual who is authorized to live and work permanently in the United States.

Students and Exchange Visitors

Students and exchange visitors may, under certain circumstances, be allowed to work in the United States. They must obtain permission from an authorized official at their school. The authorized official is known as a Designed School Official (DSO) for students and the Responsible Officer (RO) for exchange visitors.

Information for Employers & Employees

Employers must verify that an individual whom they plan to employ or continue to employ in the United States is authorized to accept employment in the United States. Individuals, such as those who have been admitted as permanent residents, granted asylum or refugee status, or admitted in work-related nonimmigrant classifications, may have employment authorization as a direct result of their immigration status. Other aliens may need to apply individually for employment authorization. Temporary Visitors For Business

To visit the United States for business purposes you will need to obtain a visa as a temporary visitor for business (B-1 visa), unless you qualify for admission without a visa under the Visa Waiver Program. For more information on the topics above, select the category related to your situation to the left.

After a Green Card is Granted

A green card is issued to all permanent residents as proof that they are authorized to live and work in the United States. If you are a permanent resident age 18 or older, you are required to have a valid green card in your possession at all times. Current green cards are valid for 10 years, or 2 years in the case of a conditional resident, and must be renewed before the card expires.

A green card can be used to prove employment eligibility in the United States when completing the Form I-9, Employment Eligibility Verification. It can also be used to apply for a Social Security Card and a state issued driver’s license. A green card is valid for readmission to the United States after a trip abroad if you do not leave for longer than 1 year. If your trip will last longer than 1 year, a reentry permit is needed.

You have certain rights and responsibilities as a permanent resident. This section will give you a general idea of what these are and provide you with some other useful information related to your immigration status.

You may also wish to read Welcome to the United States: A Guide for New Immigrants, a guide (in English and 10 other languages) containing practical information to help immigrants settle into everyday life in the United States, as well as basic civics information that introduces new immigrants to the U.S. system of government (see the links to the right).

See the links to the left under “After a Green Card is Granted” to find information on the following:

· Replace a Green Card
· Renew a Green Card
· Maintaining Permanent Residence
· Conditional Permanent Residence
· Rights and Responsibilities of a Permanent Resident
· International Travel as a Permanent Resident
· Voting as a Permanent Resident (The Right to Vote)
· Granted a Green Card by an Immigration Judge

Other Ways to Get a Green Card

Although most immigrants come to live permanently in the United States through a family member’s sponsorship, employment, or a job offer, there are many other ways to get a green card (permanent residence).

These special adjustment programs are limited to individuals meeting particular qualifications and/or applying during certain time frames.

For information about the categories below, see links to the left under “Other Ways to Get a Green Card.”

· Amerasian Child of a U.S. Citizen
· American Indian Born in Canada
· Armed Forces Member
· Cuban Native or Citizen
· Diversity Immigrant Visa Program
· Haitian Refugee
· Indochinese Parole Adjustment Act
· Informant (S Nonimmigrant)
· Lautenberg Parolee
· Legal Immigration Family Equity (LIFE) Act
· Person Born to Foreign Diplomat in United States
· Registry
· Section 13 (Diplomat)
· Special Immigrant Juvenile
· Victim of Criminal Activity (U Nonimmigrant)
· Victim of Trafficking (T Nonimmigrant)
· For information about the special categories below, see under the “Family,” Working in the U.S.” and “Humanitarian” links to the right.
· Nicaraguan and Central American Relief Act (NACARA)


Green Cards Through Special Categories of Jobs

Includes:

· Afghan/Iraqi Translator
· Broadcaster
· International Organization Employee
· Iraqi Who Assisted the U.S. Government
· NATO-6 Nonimmigrant
· Panama Canal Employee
· Physician National Interest Waiver
· Religious Worker

Green Cards Through Special Categories of Family

Includes:

· Battered Spouse or Child (VAWA)
· K Nonimmigrant (includes fiancé(e))
· V Nonimmigrant
· Widow(er)

Green Card Through Refugee or Asylee Status

If you were admitted to the United States as a refugee or as a qualifying family member of an asylee, you are eligible to apply for permanent residence (a green card) 1 year after your entry into the United States.

If you were granted asylum in the United States, you are eligible to apply for permanent residence 1 year after the grant of your asylum status.

As a refugee, you are required by law to apply for permanent resident status 1 year after being admitted to the United States in refugee status. As an asylee, you are not required to apply for permanent resident status after being granted asylum for 1 year, although it may be in your best interest to do so.

For more information on how refugees, asylees, and their family members can apply for green cards see the following links to the left:

· Green Card for a Refugee
Explains the refugees eligibility criteria and application process for a green card.

· Green Card for an Asylee
Explains the aslyees and their family members eligibility criteria and application process for a green card.

For more information about applying for refugee and asylum status, see the “Humanitarian” link to the right.

Green Card Through a Job

Many people become permanent residents through a job or offer of employment. Some categories require a certification from the U.S. Department of Labor to show that there are not enough U.S. workers who are able, willing, qualified, and available in the geographic area where the immigrant is to be employed and that no American workers are displaced by foreign workers. In other cases, highly skilled workers, those with extraordinary ability in certain professions, and investors/entrepreneurs are given priority to immigrate through several immigrant categories. In all cases, the process involves several steps.

The main ways to immigrate based on a job offer or employment are listed below. For more information on the categories below, see the links to the left under “Green Card Through a Job.”

Green Card Through a Job Offer
You may be eligible to become a permanent resident based on an offer of permanent employment in the United States. Most categories require an employer to get a labor certification and then file a Form I-140, Immigrant Petition for Alien Worker, for you.

Green Card Through Investment
Green cards may be available to investors/entrepreneurs who are making an investment in an enterprise that creates new U.S. jobs.

Green Card Through Self Petition
Some immigrant categories allow you to file for yourself (“self-petition”). This option is available for either “Aliens of Extraordinary Ability” or certain individuals granted a National Interest Waiver.

Green Card Through Special Categories of Jobs
There are a number of specialized jobs that may allow you to get a green card based on a past or current job. All of these require a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, and are described in Section 101(a)(27) of the Immigration and Nationality Act (INA) (see the “INA” link to the right):

　· Afghan/Iraqi Translator
　· Broadcaster
　· International Organization Employee
　· Iraqi Who Assisted the U.S. Government
　· NATO-6 Nonimmigrant
　· Panama Canal Employee
　· Physician National Interest Waiver
　· Religious Worker

In some cases, you may be able to file the immigrant petition (either a Form I-140 or I-360, depending on your category) at the same time that you file Form I-485, known as “concurrent filing.” For more information, see the “Concurrent Filing” link to left under “Green Card Processes & Procedures.”

If you are not eligible to adjust your status inside the United States to a permanent resident, the immigrant petition will be sent to the U.S. consulate abroad to complete the visa process. In order to apply for a green card, there must be a visa immediately available to you. See the “Visa Availability & Priority Dates” link to left under “Green Card Processes & Procedures”.

For information on coming to the United States for temporary or permanent employment, see the “Working in the U.S.” link to the right.

Green Card Through Family

Many people become permanent residents (get a green card) through family members. The United States promotes family unity and allows U.S. citizens and permanent residents to petition for certain relatives to come and live permanently in the United States. You may be eligible to get a green card through a family member who is a U.S. citizen or permanent resident, or through the special categories described below. For more information on the categories below, see the links to the left.

There are two distinct paths through which you can get your green card. Many family members who are already in the United States may qualify for adjustment of status to permanent residence in the United States, which means they are able to complete their immigrant processing without having to return to their home country. Those relatives outside the United States or those who are not eligible to adjust status in the United States may be eligible for consular processing through a U.S. embassy or consulate abroad that has jurisdiction over their foreign place of residence. For more information on these processes, see the links to the left under “Green Card Processes & Procedures.”


If Your Family Member is a U.S. Citizen

You may be able to get a green card as an immediate relative or as a family member in a preference category if your U.S. citizen relative files a Form I-130, Petition for Alien Relative, for you. For more information on immigrant petitions, see the “Family” link to the right.

· Immediate Relative of a U.S. Citizen

You are an immediate relative of a U.S. citizen if you are:

　　· The child (unmarried and under 21 years old) of a U.S. citizen
　　· The spouse (husband or wife) of a U.S. citizen
　　· The parent of a U.S. citizen (if the U.S. citizen is 21 years or older)

· Family Member of a U.S. Citizen in a Preference Category

You are a family member of a U.S. citizen in a preference category if you are:

　　· An unmarried son or daughter (21 years or older) of a U.S. citizen
　　· A married son or daughter (any age) of a U.S. citizen
　　· A sibling (brother or sister) of a U.S. citizen

If Your Family Member is a Permanent Resident

You may be able to get a green card as a family member in a preference category if your family member filed a Form I-130 on your behalf. For more information on immigrant petitions, see the “Family” link to the right.

· Family member of a permanent resident in a preference category

You are a family member of a permanent resident in a preference category if you are:

　　· The spouse of a permanent resident
　　· The child (unmarried and under 21 years old) of permanent resident
　　· The unmarried son or daughter (21 years or older) of a permanent resident

Green Card Through Special Categories of Family

You may also be eligible to get a green card if you:

　　· Are a battered child or spouse of a U.S. citizen
　　· Entered the United States with a K visa as the fiancé(e) or spouse of a U.S. citizen or an accompanying child
　　· Obtained V nonimmigrant status
　　· Are a widow(er) of a U.S. citizen
　　· Are born to a foreign diplomat in the United States

For more information on “Adjustment of Status” and “Consular Processing” see links to left under “Green Card Processes & Procedures.”

Green Card (Permanent Residence)

A permanent resident is someone who has been granted authorization to live and work in the United States on a permanent basis. As proof of that status, a person is granted a permanent resident card, commonly called a "green card." You can become a permanent resident several different ways. Most individuals are sponsored by a family member or employer in the United States. Other individuals may become permanent residents through refugee or asylee status or other humanitarian programs. In some cases, you may be eligible to file for yourself.

The steps to become a permanent resident are different for each category and will depend on if you are currently living inside or outside the United States. The main categories are listed below. More information is available in the links to the left.

　· Green Card Through Family
　How to apply for permanent residence when a family member petitions for you

　· Green Card Through a Job
　How to apply for permanent residence based on a job offer or employment

　· Green Card Through Refugee or Asylum Status
　How to apply for permanent residence when you have been granted refugee or asylum status

　· Other Ways to Get a Green Card
　Learn about the many other ways that you may qualify for permanent residence

If you are unsure which immigration path best fits your particular situation, see the "Green Card Processes & Procedures" link to the left which includes:

　· Green Card Eligibility
　Learn who can apply for permanent residence

　· Adjustment of Status
　Learn about the multi-step process for individuals inside the United States that want to get a green card

　· Consular Processing
　Learn about the multi-step process for individuals outside the United States that want to get a green card

If you are already a permanent resident, see the "After the Green Card Is Granted" link to the left for more information about renewing or replacing your green card, travel outside the United States, your rights and responsibilities as a permanent resident, conditional residency, and more.

Immigrating to Canada

Immigrating to Canada permanently is an exciting opportunity. However, there are several things you should consider before you apply to be a permanent resident.

If you want to immigrate to Canada, there are a few different ways to apply. You will need to decide which immigration program will work best for you and your family.

Find out about the requirements and the steps to apply in each category:

· Skilled workers and professionals
For people who want to settle and work in Canada (outside of Quebec)

· Quebec-selected skilled workers
For people selected by the Quebec government to settle and work in Quebec

· Canadian Experience Class
For people who have recent Canadian work experience or have graduated and recently worked in Canada

· Investors, entrepreneurs and self-employed people
For people who want to start a business in Canada

· Provincial nominees
One of Canada’s provinces or territories can nominate you to settle and work there

· Sponsoring your family
How to sponsor a family member to join you here if you are a permanent resident or a Canadian citizen

Sponsoring your family

Citizenship and Immigration Canada (CIC) knows it is important to help families who come from other countries to reunite in Canada. If you are a Canadian citizen or a permanent resident of Canada, you can sponsor your spouse, common-law partner, conjugal partner, dependent child (including adopted child) or other eligible relative (such as a parent or grandparent) to become a permanent resident.

CIC refers to the immigrants who are eligible to use this family sponsoring process as the Family Class.

If you become a permanent resident, you can live, study and work in Canada. For more information about being a permanent resident in Canada, see the Related Links section at the bottom of this page.

When you arrive in Canada as a permanent resident, you must make every reasonable effort to provide for your own essential needs and those of your family.

If you sponsor a relative to come to Canada as a permanent resident, you are responsible for supporting your relative financially when he or she arrives. As a sponsor, you must make sure your spouse or relative does not need to seek financial assistance from the government.

The process to sponsor your family begins when you, as a citizen or permanent resident in Canada, apply to be a sponsor.

There are two different processes for sponsoring your family. One process is used for sponsoring your spouse, conjugal or common-law partner and/or dependent children. Another process is used to sponsor other eligible relatives.

　Learn about:

　· Family Class: Spouses, partners and dependent children (includes common-law and conjugal partners)
　· Family Class: Other eligible relatives

Sponsoring your family - Spouses and dependent children

A Canadian citizen or permanent resident may sponsor her or his spouse, common-law partner or conjugal partner, or dependent children to come to Canada as permanent residents. See the Who can apply section below to find out if your relationship qualifies.

You can then find out if your spouse, partner or child meets the requirements for you to sponsor them.

Learn about:

　· Who can apply
　　　　 Sponsorship
　· How to apply
　· After applying
　· Arriving
　· Frequently asked questions

Spouses and dependent children - Arriving

When you arrive in Canada, you must show your Confirmation of Permanent Residence (COPR) and your permanent resident visa to a Citizenship and Immigration Canada (CIC) officer at the point of entry to Canada. The officer will make sure your travel and immigration documents are correct.

　· The CIC officer will check that your permanent resident visa has not expired. The expiry date is shown on the visa. You cannot use the visa after the expiry date. Permanent residence visas cannot be extended, so make sure you use it within the time limit.

　· You must bring with you a valid passport or travel documents. If presenting a passport, it must be a regular, private passport. You cannot immigrate to Canada with a diplomatic government service or a public affairs passport.

　· You will have to answer questions like the ones you answered on your Application for Permanent Residence in Canada. The CIC officer asks these questions to verify certain information on the application.

　· You must inform the visa officer of any funds you are bringing into Canada (cash, stocks, bonds, money orders, traveller’s cheques, etc.).

If there are no problems when you arrive in Canada, the CIC officer will authorize you to enter Canada as a permanent resident. The officer will also use the address on your COPR to have your permanent resident card mailed to you. Make sure your Canadian address on the COPCOPRR is correct.

Permanent residents are given the permanent resident card as proof of their status in Canada. Your card will be mailed to your Canadian address after you arrive in Canada as a permanent resident.

Spouses and dependent children - After applying

Once you (the sponsor) are notified that your application has been received, you can check the status of your application online under the I Need To… section on the right-hand side of this page. You can also contact the Call Centre (see Contact Us at the top of this page).

The Case Processing Centre (CPC) of Citizenship and Immigration Canada in Mississauga, Ontario, will review your sponsorship application. If it is approved, then your relative’s application for permanent residence will be processed. If your relative is applying for permanent residence from outside Canada, the CPC will send the application by courier to the appropriate visa office in your relative’s home country. It will be processed there.

If you fail to meet the sponsorship requirements, the CPC will inform you. The relative(s) you want to sponsor may continue with their application, but it may not necessarily be approved. For more information on this process, read the guide in the application kit.

If you are approved as a sponsor but the application of the relative(s) you are sponsoring is refused, you will receive the reason for the refusal and information about appeal rights. You may be able to appeal the decision to the Immigration Appeal Division of the Immigration and Refugee Board.

You cannot appeal if:

　· you withdrew or abandoned your sponsorship application
　· the applicant for permanent residence is not eligible to apply as your spouse, partner or dependent child
　· the application was refused because you provided information that was false
　· the applicant was refused because of a serious criminal offence or
　· the application was refused for security reasons, or for organized crime or human rights violations.

If you do not qualify to sponsor your spouse, partner or dependent child in the Family Class, your spouse may apply to remain in Canada on humanitarian and compassionate grounds.

Spouses and dependent children - How to apply

How does a spouse, common-law or conjugal partner, or dependent children get permanent resident status?

The application process involves two steps:

　1. If you are a citizen or permanent resident of Canada, you must apply to sponsor them.
　2. Your spouse, common-law or conjugal partner, or dependent children must then apply for permanent residence.

If you sponsor your spouse or partner, and your dependent children as a group, all of their applications for permanent residence must be filled out at the same time to be mailed together.

The applications for both sponsorship and permanent residence should be filled out and sent at the same time. There are two steps to process the application forms:

　· The sponsorship application is processed by the Case Processing Centre (CPC) in Mississauga, Ontario (for family members living outside Canada), or the CPC in Vegreville, Alberta (for family members living inside Canada).

　· If you are approved as a sponsor, the permanent residence application is sent to the appropriate Canadian visa office.

If you live in Quebec, you must also meet Quebec immigration sponsorship requirements. For more information, see the Related Links section at the bottom of this page.

How to apply?

1. Obtain an application kit.

You will need an application kit for sponsorship and an application kit for permanent residence for your spouse, common-law or conjugal partner, or dependent child.

Depending on whether your relatives live inside or outside Canada, the application kits for sponsorship and permanent residence are different. Be sure to choose the correct application package. For instance:

　· If your spouse, partner or accompanying dependent child lives with you in Canada, use the Application for Permanent Residence in Canada—Spouse or Common-law Partner.
　· If your spouse, partner or dependent child lives abroad, use the Application to Sponsor a Member of the Family Class.

You can download and print the forms you need from Find an application form or guide in the I Need To… section on the right-hand side of this page.

You can also have the applications mailed to you:

　· If you are in Canada, contact the Call Centre (see Contact Us at the top of this page).
　· If you are outside Canada, contact the Canadian embassy, high commission or consulate responsible for your area.

2. Read the guide.

Read the guides for both the sponsorship and the permanent residence applications carefully before you complete the application forms. The fee for processing your forms is not refundable, so make sure you are eligible before you apply.

3. Complete the application forms and attach the necessary documents.

Use the instructions in the guide to help you fill out the application form. Be sure to provide the required documents. They are listed in the Document Checklist in the kit. If information or documents are missing, your application may be delayed.

　· As the sponsor, you will sign an agreement that commits you to supporting your spouse, common-law or conjugal partner for three years. If you sponsor a dependent child, you will commit to supporting the child for 10 years or until the child is 25 years old, whichever comes first.
　· Your spouse, common-law or conjugal partner must promise to make every effort to become self-supporting.
　· If you sponsor your dependent children who are not accompanying your spouse, common-law partner or conjugal partner, you will have to complete a separate application and pay the applicable fees for each of these children.
　· Have the person(s) you are sponsoring complete the application for permanent residence.

There are some extra steps to follow if the person(s) you want to sponsor lives outside Canada:

　· Have the person(s) you want to sponsor complete the medical examination requirements. Instructions are in the application kit. There is also information about medical examinations in the I Need To… section on the right-hand side of this page.
　· Assemble the final application for permanent residence, including applications, supporting documents, and proof that the medical examination has been done.

Note: Misrepresenting your situation in any way can make you inadmissible to Canada. You cannot misrepresent any relevant facts in your application. You cannot misrepresent your family members and marital status, and you must inform Citizenship and Immigration Canada of any change in circumstances. You must identify all your family members in the application. If you fail to disclose and/or have examined any of your close family members at any time between the date of the original application and the date your family member is granted permanent residence, you will be barred from sponsoring those members in the future.

4. Pay the fee and get the necessary receipt.

The fees are:

　· $75 for the sponsorship application
　· $475 for the principal applicant
　· $150 for a dependent child of the principal applicant who is under 22 and not married or in a common-law relationship
　· $550 for a dependant of the principal applicant who is 22 or older, or who is under 22 and married or in a common-law relationship and
　· $490 for the right of permanent residence fee which your spouse will be required to pay before the status is granted.

You can pay fees:

　· at most banks. If you use this method, you must get an original receipt of payment (form IMM 5401) to bring with you when you pay. This form is not available online. You must have it mailed to you. See Order a receipt of payment (IMM 5401) under Related Links at the bottom of the page.

　· online through Pay application fees in the I Need To… section on the right-hand side of this page. Once you have paid your fees online, you must print a receipt of payment form and include it with your application. Be sure to print the actual receipt, not the “payment confirmation form” page. See Payment of fees through the Internet under Related Links at the bottom of the page for more information.

If you live outside Canada, but submitted your application in Canada, online payment is recommended.

If you cannot pay online, you may pay fees with an international money order or a bank draft made payable to the Receiver General for Canada. It must be in Canadian funds.

To ensure the bank draft or money order can be cashed at a Canadian financial institution (such as a bank or Western Union) you must include some information. On the front, you must clearly write the financial institution’s

　· name and complete address (not a post office box number) and
　· account number(s).

It is very important to include this information. If you do not, your application may be delayed or returned to you.

5. Mail the application and documents.

The application kit has the address you need for mailing your application to the Case Processing Centre (CPC) in Mississauga, Ontario (for family members living outside Canada) or CPC in Vegreville, Alberta (for family members living inside Canada).

You can find information on how long it will take to process your application in the I Need To… section on the right-hand side of this page.

Spouses and dependent children - Who can apply

Your spouse, common-law or conjugal partner, or dependent children may be eligible to immigrate to Canada as permanent residents.

An application for Family Class sponsorship can be made if your spouse, common-law or conjugal partner, or dependent children live inside or outside Canada.

The first step is for you to apply as the sponsor. Both you, as the sponsor, and your relative must meet certain requirements.

Applicants for permanent residence must go through medical, criminal and background screening. Applicants with a criminal record may not be allowed to enter Canada. People who pose a risk to Canada’s security are also not allowed to enter Canada. Applicants may have to provide a certificate from police authorities in their home country. The Sponsor’s Guide for Family Class explains medical, criminal and background checks. For more information, go to the I Need To… section on the right-hand side of this page.

Sponsoring a spouse, partner or dependent child

You can sponsor a spouse, common-law or conjugal partner, or dependent children if you are a Canadian citizen or a permanent resident of Canada. To be a sponsor, you must be 18 years of age or older.

You can apply as a sponsor if your spouse, common-law or conjugal partner, or accompanying dependent children live with you in Canada, even if they do not have legal status in Canada. However, all the other requirements must be met.

You can also apply as a sponsor if your spouse, common-law or conjugal partner, or dependent children live outside Canada, and if they meet all the requirements.

When you sponsor a spouse, common-law or conjugal partner, or dependent children to become permanent residents of Canada, you must promise to support them financially. Therefore, you have to meet certain income requirements. If you have previously sponsored relatives to come to Canada and they have later turned to the government for financial assistance, you may not be allowed to sponsor another person. Sponsorship is a big commitment, so you must take this obligation seriously.

To be a sponsor:

　· You and the sponsored relative must sign a sponsorship agreement that commits you to provide financial support for your relative, if necessary. This agreement also says the person becoming a permanent resident will make every effort to support her or himself.
　· You must provide financial support for a spouse, common-law or conjugal partner for three years from the date they become a permanent resident.
　· You must provide financial support for a dependent child for 10 years, or until the child turns 25, whichever comes first.

You may not be eligible to be a sponsor if you:

　· failed to provide financial support you agreed to when you signed a sponsorship agreement to sponsor another relative in the past
　· defaulted on a court-ordered support order, such as alimony or child support
　· received government financial assistance for reasons other than a disability
　· were convicted of a violent criminal offence, any offence against a relative or any sexual offence—depending on circumstances such as the nature of the offence, how long ago it occurred and whether a pardon was issued
　· defaulted on an immigration loan—late or missed payments
　· are in prison or
　· have declared bankruptcy and have not been released from it yet.

Other factors not included in this list might also make you ineligible to sponsor a relative.

If you live in Quebec, you must also meet Quebec’s immigration sponsorship requirements, after Citizenship and Immigration Canada approves you as a sponsor. For more information, see the Related Links section at the bottom of this page.

Spouse

You are a spouse if you are married to your sponsor and your marriage is legally valid.

If you were married in Canada:

　· You must have a marriage certificate issued by the province or territory where the marriage took place.

If you were married outside Canada:

　· The marriage must be valid under the law of the country where it took place and under Canadian law.
　· A marriage performed in an embassy or consulate must comply with the law of the country where it took place, not the country of nationality of the embassy or consulate.

Sponsoring your same-sex partner as a spouse

You can apply to sponsor your same-sex partner as a spouse if:

　· you are a Canadian citizen and permanent resident and
　· you were married in Canada and issued a marriage certificate by a Canadian province or territory on or after the following dates:

　　　· British Columbia (on or after July 8, 2003)
　　　· Manitoba (on or after September 16, 2004)
　　　· New Brunswick (on or after July 4, 2005)
　　　· Newfoundland and Labrador (on or after December 21, 2004)
　　　· Nova Scotia (on or after September 24, 2004)
　　　· Ontario (on or after June 10, 2003)
　　　· Quebec (on or after March 19, 2004)
　　　· Saskatchewan (on or after November 5, 2004)
　　　· Yukon (on or after July 14, 2004)
　　　· all other provinces or territories (on or after July 20, 2005).

If you were married outside Canada, you may apply to sponsor your same-sex partner as a spouse as long as the marriage is legally recognized according to both the law of the place where the marriage occurred and under Canadian law. This applies to same-sex marriages performed in the following jurisdictions:

　· Belgium
　· the Netherlands
　· Norway
　· South Africa
　· Spain
　· Sweden
　· the State of California (June 16, 2008 – November 5, 2008)
　· the State of Massachusetts
　· the State of New Hampshire
　· the State of Connecticut
　· the State of Iowa
　· the State of Vermont (effective September 1, 2009)

Please note that the above list of jurisdictions is offered as a guide only, and is subject to change. It is your responsibility to provide CIC information about whether or not your same-sex-marriage was legally recognized when and where it occurred.

Common-law partner

You are a common-law partner—either of the opposite sex or same sex—if:

　· you have been living together in a conjugal relationship for at least one year in a continuous 12-month period that was not interrupted. (You are allowed short absences for business travel or family reasons, however.)

You will need proof that you and your common-law partner have combined your affairs and set up a household together. This can be in the form of:

　· joint bank accounts or credit cards
　· joint ownership of a home
　· joint residential leases
　· joint rental receipts
　· joint utilities (electricity, gas, telephone)
　· joint management of household expenses
　· proof of joint purchases, especially for household items or
　· mail addressed to either person or both people at the same address.

Conjugal partner

This category is for partners—either of the opposite sex or same sex—in exceptional circumstances beyond their control that prevent them from qualifying as common-law partners or spouses by living together.

A conjugal relationship is more than a physical relationship. It means you depend on each other, there is some permanence to the relationship and there is the same level of commitment as a marriage or a common-law relationship.

You may apply as a conjugal partner if:

　· you have maintained a conjugal relationship with your sponsor for at least one year and you have been prevented from living together or marrying because of:

　　　· an immigration barrier
　　　· your marital status (for example, you are married to someone else and living in a country where divorce is not possible) or
　　　· your sexual orientation (for example, you are in a same-sex relationship and same-sex marriage is not permitted where you live)

　· you can provide evidence there was a reason you could not live together (for example, you were refused long-term stays in each other’s country).

You should not apply as a conjugal partner if:

　· You could have lived together but chose not to. This shows that you did not have the level of commitment required for a conjugal relationship. (For example, one of you may not have wanted to give up a job or a course of study, or your relationship was not yet at the point where you were ready to live together.)
　· You cannot provide evidence there was a reason that kept you from living together.
　· You are engaged to be married. In this case, you should either apply as a spouse once the marriage has taken place or apply as a common-law partner if you have lived together continuously for at least 12 months.

Dependent children

A son or daughter is dependent when the child:

　· is under the age of 22 and does not have a spouse or common-law partner
　· is a full-time student and is substantially dependent on a parent for financial support since before the age of 22, or since becoming a spouse or common-law partner (if this happened before age 22) or
　· is financially dependent on a parent since before the age of 22 because of a disability.

Relationships that are not eligible

You cannot be sponsored as a spouse, a common-law partner or a conjugal partner if:

　· you are under 16 years of age
　· you (or your sponsor) were married to someone else at the time of your marriage
　· you have lived apart from your sponsor for at least one year and either you (or your sponsor) are the common-law or conjugal partner of another person
　· your sponsor immigrated to Canada and, at the time they applied for permanent residence, you were a family member who should have been examined to see if you met immigration requirements, but you were not examined or
　· your sponsor previously sponsored another spouse, common-law partner or conjugal partner, and three years have not passed since that person became a permanent resident.

Sponsoring your family - Eligible relatives

Your relative may be able to come to Canada as a permanent resident.

If you are a citizen or permanent resident of Canada, you can sponsor your relative under the Family Class program. To find out if you qualify to sponsor a relative, see the Who can apply link below.

If you want to adopt a child from outside Canada, please see Adopt a child on the left-hand side of this page under “Canadian Residents”.

　Learn about:

　· Who can apply
　· How to apply
　· After applying
　· Arriving
　· Frequently asked questions

Frequently asked questions - Sponsoring your family

Spouses, partners and dependent children

1. Why should I apply under the Spouse or Common-law Partner in Canada Class instead of applying to stay in Canada on humanitarian and compassionate grounds?

People apply to remain in Canada on humanitarian and compassionate grounds because they do not meet the criteria to apply in any other class. Spouses and common-law partners should apply in the Family Class. The Family Class will exempt you from some of the financial and medical requirements, and you can include other family members (who are in Canada or in another country) on your application for permanent residence. The process in the Family Class is much faster than an application on humanitarian and compassionate grounds.

2. If I have overstayed my visa or visitor record or if I have been working or studying without a permit, can I apply for permanent residence under the Spouse or Common-law Partner in Canada Class? If yes, how do I apply?

Yes. You can apply for permanent residence under a public policy that creates exceptions to the Spouse or Common-law Partner in Canada Class, if you are still in Canada. You can download the application kit, or order it by contacting the Citizenship and Immigration Canada (CIC) Call Centre, toll free at 1 888 242-2100 (from within Canada only). CIC will mail the application kit to you—delivery takes about two weeks.

The application kit contains everything you will need, including the sponsorship application that your spouse or partner must fill out.

3. I entered Canada without a valid passport or travel document. Can I apply for permanent residence under the Spouse or Common-law Partner in Canada Class?

Yes. You can apply under the public policy relating to the Spouse or Common-law Partner in Canada Class. However, you must obtain a valid passport from your home country or travel documents before Citizenship and Immigration Canada will grant you permanent residence.

4. Can I apply for permanent residence under the Spouse or Common-law Partner in Canada Class if I am inadmissible to Canada?

Yes. You can apply under the public policy relating to the Spouse or Common-law Partner in Canada Class. However, your application for permanent residence may not be approved if there are reasons that prevent you from staying in Canada that are not related to lack of status. For example, you may not be allowed to stay in Canada if you do not meet medical or security requirements, or if you have been convicted of a criminal offence.

5. I am a temporary resident permit holder. Can I apply to become a permanent resident as a sponsored spouse or common-law partner?

If you are in Canada on a temporary resident permit, you can apply to become a permanent resident of Canada. However, if you have a temporary resident permit because you are inadmissible to Canada for reasons other than lack of status, you cannot be granted permanent residence under the Spouse or Common-law Partner in Canada Class.

6. I was deported from Canada and I returned without getting proper permission. Can I apply as a permanent resident under the public policy for the Spouse or Common-law Partner in Canada Class?

Your application will be refused because you do not have permission to be in Canada. You may be able to be sponsored from abroad if you return to your home country.

7. I am a failed refugee claimant. Can I stay in Canada if I marry a Canadian citizen or a permanent resident of Canada?

Being in a common-law relationship with, or married to, a Canadian citizen or permanent resident does not guarantee that you can become a permanent resident of Canada.

As a failed refugee claimant, you can apply to be a permanent resident under the public policy relating to the Spouse or Common-law Partner in Canada Class if you meet all the requirements and you are not inadmissible to Canada.

8. Does this policy mean that I don’t have to retain legal status in Canada?

If you do not have legal status, you cannot work or study in Canada. In addition, you could be subject to removal.

9. How do I find someone to represent me or help me complete my application?

You do not need a representative to help you apply to visit or immigrate to Canada. The use of a representative is a personal choice. Find out more information about using a representative.

10. Can I cancel my application once it has been approved?

If you change your mind about sponsoring a family member, you must write a letter to the appropriate Case Processing Centre before a permanent resident visa is issued. Once permanent resident visas are issued, the promise that you and, if applicable, your co-signer, made to support your family member is valid for the term of your application.

The application is an unconditional promise of support. For example, the granting of Canadian citizenship, relationship breakdown or moving to another province does not cancel the application. The application also remains in effect if your financial situation changes and you can no longer afford to provide financial support.

11. What family members may come with me to Canada when I immigrate?

The family members that can come with you to Canada when you become a permanent resident include:

　· your spouse or common-law partner
　· your dependent child or your spouse or common-law partner’s dependent child and
　· a dependent child of a dependent child.

Your parents, grandparents and other family members are not eligible to come to Canada with you. However, you can apply to sponsor them to come to Canada after you immigrate here.

12. I want to sponsor my spouse. Is it faster to apply from inside or outside Canada?

It is usually faster to apply to sponsor a spouse from outside Canada. However, the requirements to immigrate to Canada are the same in both cases.

Some differences between the processes:

Inside Canada

　· average of 12 to 18 months to process routine applications
no right of appeal
　· you are advised to stay in Canada while your application is being processed (If you leave Canada and cannot re-enter, the application will be abandoned)
　· you can send an application for an open work permit with the sponsorship application (the permit will be issued as soon as you are eligible for it)

Outside Canada

　· average of 6 to 12 months to process routine applications
　· right of appeal
　· you can leave and re-enter Canada while your application is being processed as long as you meet all requirements to enter Canada
　· if you want to work in Canada while your application is being processed, you must apply for a regular work permit

13. How can I check the status of my application?

You may check your application status on this website, using the e-client Application Status service (e-CAS) of the Citizenship and Immigration website.

If you are sponsoring a member of the family class, you may also check case status through the CIC Call Centre. In Canada, call 1-888-242-2100. In some cases, you can use our Case Specific Enquiry Form. Choose International Visa Office. Choose the Canadian visa office you applied to from the list and look under “Case specific enquiries.” Please read the instructions carefully before sending an enquiry using that form.

Eligible relatives

1. What is different in the sponsorship process if I live in Quebec?

Under the Canada-Quebec Accord, the province of Quebec has a role in determining the eligibility of sponsors living in Quebec. The Quebec process begins after Citizenship and Immigration Canada (CIC) has reviewed your sponsorship application.

You will get a letter confirming that your application has been accepted. It will tell you what steps to take with the Government of Quebec. If you meet Quebec’s eligibility criteria, then the Quebec ministry that handles immigration (ministère de l’Immigration et des Communautés culturelles) will issue an Engagement and Certificat de sélection du Québec (Agreement and Certificate of Selection) to you. A copy of each document will be sent to the visa office in your relative’s home country to be included in the process.

2. Can my relative get an up-front medical examination?

The up-front medical examination process is only available to spouses, common-law partners and dependent children. If any other members of the Family Class (for example, parents and grandparents) use the up-front medical examination process, the medical results will not be valid and the examination will have to be redone.

Canada’s Immigration and Refugee Protection Act changed the medical requirements for spouses, common-law partners, conjugal partners and dependent children, but these changes have not, so far, been extended to other members of the Family Class.

3. How do I find someone to represent me or help me complete my application?

You do not need a representative to help you apply to immigrate to Canada. The use of a representative is a personal choice. Find more about using a representative. There are also organizations that can help you fill out the application forms. For more information, see After You Arrive on the left-hand side of this page.

4. Can I cancel my application once it has been approved?

If you change your mind about sponsoring your parents, grandparents, adopted children or other relatives, you must write a letter to the Case Processing Centre of Citizenship and Immigration Canada in Mississauga, Ontario, before the permanent resident visas are issued. Once permanent resident visas are issued, however, the promise that you and, if applicable, your co-signer made to support your family is valid for the term in the application.

The application is an unconditional promise of support. For example, if your relative is granted Canadian citizenship, if your relationship breaks down or if your relative moves to another province, the application will not be cancelled. Even if your financial situation changes and you can no longer afford to support a relative, the application remains in effect. You must support the relative financially for the full term of the agreement.

5. What if I can’t afford to sponsor my relative? Can they come to Canada as a refugee instead?

Your relative is only eligible under the Private Sponsorship of Refugees program if they are in a situation where they may be subject to persecution in their home country. For more information, see The Refugee System on the left-hand side of this page.

Priority processing for family members in Iraq

1. What does it mean to give priority processing?

Priority processing means that applications currently waiting to be processed, at either the Case Processing Centre or at the visa office, will be pulled from the wait list and processed right away.

New applications to sponsor a family member directly affected by the situation in Iraq will not be put on the wait list but will also be processed right away.

2. Who is eligible for the priority processing?

Close family members of Canadian citizens and permanent residents who have been directly affected by the situation in Iraq and who live in Iraq or the surrounding region are eligible for priority processing.

3. Are family members of protected persons included in the priority processing?

Yes. Protected persons in Canada who have applied for permanent residence and who have included a dependant living in Iraq or the surrounding region in their application will also be given priority processing.

4. What countries are considered part of the “surrounding region”?

The surrounding region includes Jordan, Lebanon, Turkey, Syria and Iran. Applications for permanent residence from Iraqi nationals who live in any of these five countries will also be given priority processing from the visa office in Damascus.

5. Who is considered part of the Family Class?

Family Class includes a spouse, common-law partner, conjugal partner, dependent child, parent and grandparent.

6. How long will it take for my application to be processed?

If you have applied or plan to apply for sponsorship in Canada to the Case Processing Centre, you can expect to have your application processed in about one week, as long as it is complete and the application fee has been paid.

If your application is being processed at the visa office in Damascus, processing times will vary depending on your circumstances. The visa office has already begun priority processing on eligible applications and will start to process new applications right away. To keep from delaying the process, applicants and sponsors should respond quickly to any request from the visa office.

Applicants and sponsors can check the progress of their applications online by using the E-Client Application Status service.

7. If I am applying to come to Canada temporarily, e.g., to visit, study or work, will priority processing apply?

No. Priority processing only applies to Family Class applications for permanent residence.

8. If my application was previously refused but I am affected by the situation in Iraq, will my case be re-examined?

We do not reopen a closed file. If your application was previously refused, you can reapply and it will be reassessed.

9. Will security or medical requirements be waived for the priority processing?

No. As usual, all applicants must meet security and medical requirements.

10. I have already applied as a refugee and am waiting to see if I will be accepted. If I have family in Canada, can I also apply under the Family Class to receive priority processing?

Yes. In fact, you are encouraged to apply for Family Class processing if you have a close family member living in Canada who can sponsor you.