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In order to apply for consular processing, an applicant for an immigrant visa must establish entitlement under one of the classifications as defined in the Immigration and Nationality Act. An alien is eligible to receive an immigrant visa if: (1) the alien is the beneficiary of an approved visa petition granting family-based preference classification, or employment-based preference classification; (2) derivative family members, such as spouses, and children of preference aliens also qualify if accompanying or following to join; (3) the alien is entitled to special immigrant status pursuant to INA § 101(a)(27); or (4) the alien qualifies for a visa under special legislation (such as the diversity visa category. Visa and Passport requirements for Canadian Permanent Residents to enter U.S. as non-immigrants. Click here for details.
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