Widow(er), Investor and Asylee Applicants

Many immigrants receive visas in the family or employment based visa categories; however there are other immigrant visa categories. Several immigrant visa categories that cover special types of workers or special circumstances are established by U.S. laws.

If you are the widow(er) of a U.S. citizen, a change in the law may affect your ability to immigrate.  Section 568(c) of Public Law 111-83 amended the Immigration and Nationality Act so that you may be eligible to immigrate, even if you and your deceased spouse were married for less than 2 years when your spouse died.  This change took effect on October 28, 2009, when the President signed the new law.  As a result, you may file Form I-360 for Special immigrant classification as a widow/widower, even if you were married less than 2 years when your spouse died.

You must still file your Form I-360 no later than 2 years after the citizen’s death.  If your spouse died before October 28, 2009, however, and you were married for less than 2 years, you can file a Form I-360 for Special Immigrant Classification as a widow/widower, so long as you do so no later than October 28, 2011.

Your eligibility to immigrate as the widow(er) of a U.S. citizen ends if you remarry before you immigrate.

Persons who create employment for at least ten unrelated persons by investing capital in a new commercial enterprise in the United States. The minimum amount of capital required is between US$ 500,000.00 and US$ 1,000,000.00, depending on the employment rate in the geographic area. An investor must file Form I-526 with nearest USCIS office in the U.S.

Note: This petition cannot be filled in Brazil.

For more detailed information click here.

If you have a USCIS approved I-730 petition, and have received an email or letter from the National Visa Center (NVC) requesting that you take a specific action, please visit travel.state website for further information.