Family Based

Who is eligible?

• Family First Preference (F1) - Unmarried sons and daughters of U.S. citizens and their minor children, if any.
• Family Second Preference (F2) - Spouses, minor unmarried children and unmarried sons and daughters (age 21 or older) of lawful permanent residents.
• Family Third Preference (F3) - Married sons and daughters of U.S. citizens and their spouses and minor children.
• Family Fourth Preference (F4) - Brothers and sisters of United States citizens and their spouses and minor children provided the U.S. citizen is at least 21 years of age.

Numerical Limitations

Whenever there are more qualified applicants for a category than there are available places, the category is considered oversubscribed. Immigrant visas are issued in the chronological order in which the petitions were filed until the numerical limit for the category is reached. The filing date of a petition becomes the applicant's priority date. Immigrant visas cannot be issued until an applicant's priority date is reached. In certain heavily oversubscribed categories, there may be a waiting period of several years before a priority date is reached. Check the Visa Bulletin for the latest priority dates. 

File the Immigrant Petition

The US citizen or permanent resident, who plans to base their immigrant visa application on family relationship, must submit a Petition for Alien Relative (Form I-130) to the Department of Homeland Security (DHS) office nearest their place of residence.  Once INS approves the petition, they will send the petitioner a notice of approval (Form I-797). INS will also forward the approved petition to the National Visa Center (NVC) which will contact the intending immigrant with further information.

Important Notice: U.S. law limits the number of family-based immigrant visas that are available every year.  This means that even if the DHS approves an immigrant visa petition for you, you may not get an immigrant visa petition immediately.  In some cases, several years could pass between the time your immigrant visa petition is approved and the time your immigrant visa is issued.  Immigrant visas are issued in the chronological order in which the petition was filed until the numerical limit for the category is reached. The filing date of the petition becomes the applicant’s priority date.  Immigrant visas cannot be issued until the applicant’s priority is reached. Check the Visa Bulletin for the latest priority dates.  DHS will send the approved immigrant visa petition to the National Visa Section where it will remain until the priority date is available.  You do NOT need to contact NVC – NVC will contact you with the “Instruction package for immigrant visa applicants”.

Gather Required Documents and Prepare for the Immigrant Visa Interview

Once you have received the "Instruction Package for Immigrant Visa Applicants", the intending immigrant must follow the instructions regarding the visa fees and documentations.

When NVC received your immigrant visa fee, NVC will schedules visa interviews.  The NVC also sends immigrant visa case files, containing the petition and all forms and documents submitted by or on behalf of an applicant, to the U.S. Embassy or Consulate where the applicant will be interviewed.

The Immigrant Visa Interview

Intending immigrant will need to have a medical examination report ready prior to their interview date.

Visa interviews are a discussion between the consular officer and the applicant.  The US citizen petitioner may accompany the beneficiary to the interview, but may be asked to remain outside the room for part of the interview.  Due to space constraints, third parties (including lawyers) are generally not allowed to be present at the interview, though exceptions may be granted for those who do not speak Indonesian or English and need a translator, or those who need physical assistance.

Each applicant, regardless of age, must appear in person for his/her interview.  At that time, all the documents will be evaluated and a decision made.  There can be no guarantee regarding the outcome of the interview, and applicants are advised not to make travel arrangements until after the visa has been approved.

After the Visa is Approved and Issued

Once you have received your immigrant visa, you must enter the United States within 6 months of visa issuance to obtain an alien registration receipt or "green" card (Form I-151 or I-551) that will allow you to live and work in the United States.

Upon admission to the U.S. as an immigrant, the airport immigration inspector will place a red stamp in your passport stating your class of immigrant entry, work authorization and alien registration number.  Please remember your alien registration number, which starts with A#.  Sometime between 2 weeks to 3 months after entering the U.S, you will receive your alien registration card (I-551, also known as a “green card”) from the USCIS at the U.S. mailing address written on the front of your visa packet.  Either your passport with the immigrant entry stamp or your green card is evidence of your lawful presence in the U.S.

If you have not received your card in the mail within six months, you must complete the I-90 form.  Receiving this card is very important because after one year, the stamp in your passport will expire.  Therefore, you must have your permanent green card in hand by that time.  You must also contact USCIS if you change addresses or will not be able to receive your green card at the address on the front of the visa packet.  Please always keep the USCIS informed of where it can reach you.

If you wish to travel out of the U.S. before you receive your green card, please be sure you have a valid immigrant entry stamp on your passport.  You should have received that stamp at the port of entry from the airport immigration inspector.  Otherwise, you will need to get a special boarding letter from a U.S. consul or USCIS immigration officer at a U.S. Embassy overseas, for which there is a fee.

In the future, if you plan to live outside the US for more than 12 months, you must apply for a re-entry permit (I-131 travel document) from the USCIS in the U.S. at least 30 days PRIOR to the proposed date of departure.  The maximum validity of this document is 2 years.  Without a re-entry permit, any absence from the U.S. of 12 months or longer, or any residence established outside the U.S., is considered grounds for loss of permanent residence status. 

Social Security Cards: If you requested a Social Security number (SSN) on your IV application DS-230, Part II, and you are age 18 or older when you arrive in the U.S., we will pass your request to the Social Security Administration (SSA).  Therefore, you will not need to apply separately or visit SSA.  SSA will issue you a SSN by mail several weeks after you arrive.

If you did not request a SSN when you applied for your IV, or if you are under age 18, you must visit a SSA office in the U.S. to apply for an SSN.  When you visit SSA bring:  your passport with your Machine-Readable Immigrant Visa (MRIV) or green card, if you have it, and birth certificate with translation for each member of your family applying for a SSN.  For details please visit SSA website.