Migration Visa

There are a number of migration options for fiances, partners, children, parents and other family members of Australian citizens, Australian permanent residents or eligible New Zealand citizens or to any of the other countries.

There are a number of visa options available for people who want to migrate permanently to Australia and who have the required skills and qualifications. For business trips, people come to Australia for a business-related visit. Also for people to establish, manage or develop a new or existing business, or invest in Australia. Another category to seek information for people looking for assistance under the refugee and humanitarian program.

Underlying are the categories for migration visa:

1. F-1 Family Based Visa:

These are visas for brothers and sisters and adult or married sons and daughters of U.S. citizens, or the spouse of a U.S. legal permanent resident. Most immigrants are sponsored by a family member in the United States. Immigrant visa applications begin when someone in the United States submits a petition (Form I-130) on behalf of the intending immigrant to the office of the U. S. Citizenship & Immigration Services (formerly INS) in the United States that serves the petitioner's place of residence.

2. IR-Immediate Relative Visa:

The Immigration and Nationality Act allows immediate relatives of U.S. citizens to immigrate to the United States. Immediate relatives are defined as:

  • Spouse
  • Unmarried children under 21
  • Parents of a U.S. citizen who is 21 or older
  • Widow(er)
  • Orphans adopted abroad by a U.S. Citizen or orphans to be adopted in the U.S. by a U.S. Citizen

3. E-Employment Based Immigration Visa:

Every fiscal year (October 1st – September 30th), approximately 140,000 employment-based immigrant visas are made available to qualified applicants under the provisions of U.S. immigration law. Employment based immigrant visas are divided into five preference categories. Certain spouses and children may accompany or follow-to-join employment-based immigrants.

Employee Preference are divided into following Categories:

  • Priority Workers
  • Persons with extraordinary ability
  • Outstanding professors and researchers
  • Multinational Managers or executives
  • Professionals holding Advanced Degrees and persons of Exceptional Ability
  • Professionals holding Advanced Degrees
  • Professionals with Exceptional Ability
  • Skilled Workers, professionals and Unskilled Workers (Other Workers)
  • Certain Special Immigrations
  • Broadcasters in the U.S.
  • Ministers of Religion
  • Former Employees
  • Iraqi or Afghan interpreters or translators
  • Foreign Medical Graduates
  • Special Immigrant Juveniles
  • Certain retired NATO-6 Civilian
  • Persons who are beneficiaries
  • Certain unmarried sons and daughters of international Organization Employees etc

4. K-1 Fiance Immigrant Visa:

The fiance (e) K-1 nonimmigrant visa is for the foreign-citizen fiance (e) of a United States (U.S.) citizen. The K-1 visa permits the foreign-citizen fiance (e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival. The foreign-citizen will then apply for adjustment of status to a permanent resident (LPR) with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS). Because a fiance (e) visa permits the holder to immigrate to the U.S. and marry a U.S. citizen shortly after arrival in the United States, the fiance (e) must meet some of the requirements of an immigrant visa. Eligible children of K-1 visa applicants receive K-2 visas.

5. K-2 Child Immigration Visa:

Qualifications for the Child/Children of an Alien Fiance/Fiance

In order to qualify for a K-2, you must be the child of the K-1 holder. If you are adopted, there might be certain conditions on your application.

  • You must also be less than 21 years of age and unmarried.
  • You must not have any record of past violations regarding U.S. immigration law. For instance, if you previously stayed in the United States, and for whatever reason, were “out of status” this could affect your K-2 application.
  • Once you reach the United States, the general rule is that you have until you are 21 years of age to adjust your status. However, there are certain exceptions to "aging out".

6. K3/K4 Spouse Immigration Visa:

Immigration law allows the alien spouse of a U.S. citizen and his or her minor children to be admitted to the United States as non-immigrants while they are awaiting the adjudication of a Form I-130 Petition for Alien Relative. It also allows them to obtain employment authorization while they are waiting.

Eligibility

To be eligible for a K-3 nonimmigrant visa, an individual must:

  • Be married to a U.S. citizen
  • Have a pending Form I-130, Petition for Alien Relative, filed by the U.S. citizen spouse on his or her behalf

    • A child may be eligible for a K-4 visa if:

    • He or she is unmarried, under 21, and the child of a qualified K-3 nonimmigrant visa applicant

    Note: In order for a K-4 who is a step-child of a USC to immigrate as a relative of the USC step-parent (whether through adjustment of status in the United States or an immigrant visa abroad) the marriage between his or her parent and the USC must have occurred before his or her 18th birthday.

    Other Visa categories which you can avail are:

    • Partners & Families
    • Returning Residence
    • Certificate of Status
    • Permanent Residency
    • Spouse
    • Common Law Partner
    • Conjugal Partner
    • Same Sex Partner