Embassy of the United States Brussels, Belgium

In general any applicant for an immigrant visa must be the beneficiary of an approved petition. Certain applicants such as priority workers, investors, certain special immigrants and diversity immigrants can petition on their own behalf. All other intending immigrants must have a relative or potential employer petition for them.

1. Applicants for family-sponsored immigrant visas who believe they are entitled to immigrant status based on a relationship to a U.S. citizen or lawful resident alien should request that relative to file a petition (Form I-130 PDF - 51.5 KB) with the nearest office of the U.S. Citizenship and Immigration Services (USCIS) in the United States.
   
2. Applicants for employment-based immigrant visas who believe they are entitled to immigrant status based on proposed employment in the United States require an approved petition (Form I-140 PDF -288KB) from the USCIS in the United States. Priority Workers may petition on their own behalf with the INS while others must have their prospective employers file the petitions. Prior to filing a petition with the USCIS applicants for classification as members of the professions, 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 United States.
   
3. Returning residents and special immigrant U.S. Government employees must petition to the Secretary of State through a U.S. consular office abroad. All other special immigrants must file a Form I- 360 (PDF-288KB) petition with an office of the USCIS.
   
4. An investor must file a Form I-526 (PDF-74.6KB) petition with the USCIS.
   
5. Diversity Immigrants (lottery winners) must file an application with the Secretary of State. Provisions for submission of registration applications will be announced by the Department of State in advance of each year's application period. Only one such application may be filed each year. Aliens who qualify through random selection must apply for and receive their visas within one year of selection.

Documents Required in Support of a Visa Application

All applicants must submit certain personal documents, among others: passports, birth certificates, police certificates and other civil documents, as well as evidence that they will not become public charges in the United States (see Affidavit of Support section below). Visa applicants are informed of all documents required as their applications are being processed.

Affidavit of Support

All applicants must prove that they will not become public charges to the U.S. Government. Therefore, they will have to submit an Affidavit of Support (Form I-864 PDF-435KB) duly filled out and signed by their sponsor.

Medical Examinations

Before the issuance of an immigrant visa every applicant regardless of age must undergo a medical examination. A doctor in Belgium designated by the consular officer will conduct the examination. Costs for such examinations must be borne by the applicant. For detailed information on the required immigrant visa vaccinations, please visit http://www.travel.state.gov/visa/immigrants/info/info_1331.html

Visa Fees

The cost of each formal immigrant visa application is listed under Consular Tariff Item No. 20, and the cost of each issued immigrant visa is listed under Tariff Item No. 21. Schedules of Fees are posted in all U.S. Consular Offices.

Fees can be paid at the Consulate either in USD or euro equivalent in cash or with credit card (Visa, American Express, Master Card, Discover). They must be paid by, or on behalf of, each intending immigrant regardless of age, and are not refundable. Fees should not be sent to the consular office unless specifically requested. The U.S. Citizenship and Immigration Services (USCIS) charges additional fees for filing petitions.

Only for Diversity Lottery (DV) Immigrant Visa applicants : Each DV Lottery Immigrant Visa applicant who has been selected in the lottery and is pursuing his application, pays, at the time of the visa application at a U.S. consular office, a 440 USD Diversity Lottery visa fee, plus a 305 USD immigrant visa processing fee and a 74 USD visa security enhancement surcharge.

Numerical Limitations

In addition to the numerical limitations for each category of immigrant visa , there are limits on various subpreferences, as well as limits on the number of immigrant visas per year which can be issued to natives of any single country.

Some of these numerical limits are based on formulas, which change in relationship to each other, so that it is not possible to state a specific figure for each subcategory. Whenever there are more qualified applicants for a category than there are available numbers, the category will be considered oversubscribed, and immigrant visas will be 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 or becomes "current". In certain heavily oversubscribed categories, there may be a waiting period of several years before a priority date is reached.

For information on current priority dates for the various categories, click here.

Miscellaneous

Since no advance assurances can be given that a visa will be issued, applicants are advised not to dispose of their property, and not to give up their jobs until visas have been issued to them. An immigrant visa is valid for six months from the date of issuance.

Persons born in countries other than the United States may have a claim, under U.S. law, to U.S. nationality if:

• Either parent was born or naturalized in the United States

• Either parent was a U.S. citizen at the time of birth of the applicant

With few exceptions, a person born in the United States has a claim to U.S. citizenship. Any applicant believing that he or she may have a claim to U.S. citizenship should not apply for a visa until his or her citizenship has been determined. The applicant should inform the consular office immediately of a citizenship claim so that a review can be taken to determine if the applicant is entitled to a U.S. passport rather than an immigrant visa.