Philippines to USA

Until 1965, immigration from the Philippines to the USA was much restricted owing to the discriminatory USA immigration law. However, once the immigration law was reformed, Philippine immigration to the US increased by leaps and bounds and today it is one of the important countries which send immigrants to the US and it is necessary to have a brief overview of the knowhows of Philippines to USA Visa .

Immigrant Visa :

A Philippine citizen who wishes to permanently immigrate to the United States must have a petition approved by the US Citizenship and Immigration Services (USCIS) before applying . The petition is to be filed either by a relative or a potential employer at a USCIS office in the United States.

For the Family-Sponsored (IR or F) category, application has to be made by beneficiary of an approved Form I-130 petition.

For the Employment-Based (E) category, application has to be made by beneficiary of an approved Form I-140 petition.

For the Special Immigrant visa category, excepting a qualified current or former US Government employee, an applicant needs I-360 petition approved by the USCIS.

Investors have to file Form I-526 petition with the USCIS.

A Philippine spouse or fiancé(e) of a US citizen can apply for a non-immigrant K visa with an approved I-129F petition.Documents Required for Immigrant Visa :
1. Valid passport for at least six months.
2. DS-230 Parts I and II Immigrant Visa and Alien Registration Forms.
3. Birth Certificate issued by the National Statistics Office (NSO) and printed on NSO security paper.
4. Applicants aged 16 years and above must have valid Record Clearance for Travel Abroad Purposes from theNational Bureau of Investigation (NBI) . For immigration purposes, NBI clearance is considered valid only for a year from the date of issue.
5. Police certificate is required from a country in which the applicant lived for more than a year (six months for applying for a K visa) after turning 16 years old. Information on how to get police certificates can be obtained by contacting U.S. Embassy Manila's Immigrant Visa Branch
6. Marriage certificate (If applicant is married in the Philippines issued by the National Statistics Office
7. If never married, a Certificate of No Marriage Record (CENOMAR) issued by the National Statistics Office (NSO)
8. Evidence of financial support
9. Form I-864 Affidavit of Support (AOS) is required for visa applicants in all family-sponsored categories (IR and F) and certain E visa categories.
10. Form I-134 Affidavit of Support is required for returning residents (SB-1), fiancé(e)s or spouses of US citizens (K1, K3), children of K1 and K3 applicants, spouses and children of LPRs, and others.
11. Two colored photographs
Immigrant Visa Fee :
Each individual applicant for immigrant visa (irrespective of age) has to pay US $ 380 to cover the application and processing fees. The fees for immigrant visas can be paid either in cash, travelers check or US Postal Order at the Embassy's Consular Cashier (in case these have not been paid to the National Visa Center)
Non Immigrant Visa :
The non-immigrant visas are necessary to enter the US for various kinds of purposes and in various capacities. Some of the types of nonimmigrant visas are:

business (B-1)

tourism, visit to relatives and friends(B-2)

for visiting as representatives of foreign governments (A & G)

transit (C)

crewmen (C-1/D)

treaty traders and investors (E)

students in academic or language programs (F)

temporary workers and trainees (H)

journalists (I)

exchange visitors (J)

fiancé(e)/spouse of U.S. citizens (K)

intra-company transferees (L)

students in vocational or other nonacademic programs (M)

temporary workers of extraordinary ability (O)

athletes and entertainers (P)

cultural exchange visitors (Q)

religious (R)

NAFTA Derivative (TD).Procedure for application for non-immigrant visa :

1. Submission of Documents including:

Valid Passport for at least six months

Payment of Visa fee: Each non-immigrant visa applicant (excepting those for diplomatic (A), official (G), certain American Government sponsored exchange visitors (J), and certain NAFTA treaty nationals (TN) and treaty dependents (TD) visa) must pay the machine-readable visa application fee equal to US $100. This fee can be paid at any designated branch of Citibank or Bank of the Philippine Islands and must be paid in Philippine currency at the American Government exchange rate.

Form DS-156

Form DS-157

One 2” x 2 ” standard, full- faced color photo against a white background taken within the last six months. It should be signed (full name) at the back by the applicant, and must be glued to the application form where specified.

Extension of stay/change of status – Copies of U.S. Citizenship and Immigration Services (USCIS) approvals of extension of stay or change of status, if applicable.

Proof of relationship (if applying with dependent/s) such as: Original marriage certificate, Original birth certificate, etc.•  Appointment for Interview:
Applicants (excepting for visa categories A-1, A-2, G-1, G-2, G-3, G-4, and C-3 ) are to fix appointment as early as possible for interview by obtaining a confirmation number (applicants can call at 1-909-101-7878, if in Philippines, or at 1-888-877-9888 if in US mainland)
•  Processing during interview: 

Nonimmigrant visa applicants between the ages of 14-79 ages will have to undergo finger scanning at the time of interview

Applicants requiring interpreters must inform the interviewing officer at the day of their interview

Upon concluding, the applicant will be advised whether he/she qualifies for the visa.

USA IMMIGRATION

USA IMMIGRATION VISAS

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Immigrants to the United States are divided into two categories: (I) those who may obtain permanent residence status without numerical limitation, and (II) those subject to an annual limitation. The latter category is further divided into (A) family-sponsored, (B) employment-based, and (C) diversity immigrants.
I. UNLIMITED IMMIGRANTS
A. Immediate Relatives: The spouse, widow(er) and minor unmarried children of a United States citizen, and the parents of a United States citizen who is 21 or older.
B. Returning Residents: Previous U.S. lawful permanent residents who are returning to the U.S. after a stay of more than one year abroad.
II. LIMITED IMMIGRANTS

Subject to certain transitional laws, immigration into the United States beginning in 1995 will be limited to 675,000 persons per year. That figure is divided into three distinct sub-categories.
A. USA Family-Based Immigration Visas

Preference relatives may receive all of the visas not used by Immediate Relatives, but no less than 226,000 visas per year. Family-based preference categories (with minimum limits in parentheses) include:

1. First Preference: Unmarried sons and daughters of U.S. citizens, and children if any. (23,400)
2. Second Preference: Spouses, children, and unmarried sons and daughters of lawful permanent resident aliens. (114,200)
3. Third Preference: Married sons and daughters of U.S. citizens, and their spouses and children. (23,400)
4. Fourth Preference: Brothers and sisters of U.S. citizens, and their spouses and children, provided the U.S. citizens are over 20. (65,000)
B. USA Employment-Based Immigration Visas

A total minimum of 140,000 immigrant visas yearly are available for this category which is divided into five preference groups (percent of yearly limit):

1. Priority Workers: Persons of extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors and researchers; and certain multinational executives and managers (28.6%).
2. Members of the Professions: Professionals holding advanced degrees, and persons of exceptional ability in the sciences, arts, and business (28.6%).
3. Professionals, Skilled and Unskilled Workers: Professionals holding baccalaureate degrees, skilled workers with at least two years experience, and other workers whose skills are in short supply in the United States (28.6%).
4. Special Immigrants: Certain religious workers, ministers of religion, certain international organization employees and their immediate family members, and qualified, recommended current and former U.S. Government employees. (7.1%).
5. Investors: Persons who create employment for at least ten unrelated persons by investing capital in a new commercial enterprise in the United States. The minimum capital required is between $500,000 and $1,000,000, depending on the employment rate in the geographic area (7.1%).
C. USA Diversity Immigrant Visa Lottery (USA Green Card Lottery)

The Diversity Lottery makes available a maximum of 55,000 immigrant visa numbers annually to persons selected at random from countries with low rates of immigration to the United States. There is a separate registration for each year's visas. Information on registration for the lottery is announced each year by the State Department.
APPLYING FOR THE VISAS

Certain applicants such as priority workers, investors, certain special immigrants, and diversity immigrants can petition on their own behalf. All others must have a relative or potential employer petition for them.

Applicants for family-sponsored immigrant visas should request the U.S. citizen relative to file a petition Form I-130 with the nearest USCIS. In some cases, if the U.S. citizen is residing abroad, he or she may file the petition with a consular officer at a U.S. Embassy or Consulate.

Applicants for employment-based immigrant visas may require an approved petition Form I-140 from the USCIS. Priority workers may petition on their own behalf with the USCIS, while others must have their prospective employers file the petitions. Prior to filing a petition with the USCIS, members of the profession, professionals, skilled and unskilled workers, must obtain certifications from the Department of Labor that there are no qualified workers available for the proposed employment in the U.S.

Special immigrant returning residents and U.S. Government employees must apply to the Secretary of State through a U.S. consular office abroad. All other special immigrants must file the I-360 petition with USCIS.

An investor must file a Form-I-526 petition with the USCIS.

Diversity immigrants must file an application with the U.S. Department of State. Information on registration will be announced each year by the State Department.

The State Department will advise the beneficiary of the petition (the applicant for a visa) when it is received from the approving office. The visa applicant will receive further instructions at that time.
VISA INELIGIBILITY/WAIVER

The immigration laws of the United States, in order to protect the health, welfare, and security of the U.S., prohibit visa issuance to certain applicants. This includes persons who have a communicable disease such as tuberculosis, or have a dangerous physical or mental disorder, or are drug addicts; have committed serious criminal acts, including crimes involving moral turpitude, drug trafficking, and prostitution or procuring; are terrorists, subversives, members of a totalitarian party or former Nazi war criminals; are likely to become public charges in the U. S.; have used fraud or other illegal means to enter the U.S.; or are ineligible for citizenship. Some former exchange visitors must live abroad 2 years. Physicians who intend to practice medicine must pass a qualifying exam before receiving immigrant visas.

If any of the above restrictions might apply, then a statement regarding the facts should be submitted to the consular officer, who will advise the applicant if the law provides for some form of waiver.