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 Consular Processing
 Overview
 Employment Based Immigration
     Adjustment of Status vs. Consular Processing
     Attorney Certified I-140 (AC I-140)
     Before leaving US for Interview
     Marriage
 Instructions Package for Immigrant Visa Applicants
 Home Consular Post
 Appointment Package for Immigrant Visa Applicants
 Medical Examination
 Immigrant Visa Fees
 Interview
 Immigrant Visa Refusal
 Steps After Immigrant Visa Interview
 In and Around US Consulates
 Fillable Forms

Overview
Citizens of foreign countries who wish to obtain permanent resident status in the U.S. generally must obtain immigrant visas at the nearest Consulate or U.S. Embassy (Detailed information about US consulates in India). Unlike nonimmigrant tourist, student, and specialty worker visas, which allow someone to remain in the United States for a limited period of time, an immigrant visa permits the person who receives it to live indefinitely in the United States and to seek employment.

There are 3 types of immigrant visa categories: In consular processing, the interview for an immigrant visa takes place at a U.S. embassy or consulate located (with some exceptions) in the foreign person's country of nationality.

Process
When your family based immigration or employment based immigration petition is approved, USCIS sends it to the National Visa Center (NVC).

There is a delay between when you get the notice of approval and when NVC receives the petition. After NVC receives the petition, it will create a case record and assign a case number, usually within 24 hours of being received from the USCIS. Case number is used to track the case throughout its duration at the NVC. You should at least wait 3 weeks after you get your Notice of Approval before calling NVC if you have not heard from NVC by that time.

NVC retains the case until it is ready for adjudication by a consular officer abroad. Petitions may remain at NVC for several months or for many years depending on the visa category and country of birth of the visa applicant. If the case is not current, NVC will send you a letter informing you that they have your file at NVC and they will hold it until your case becomes current. When an applicant's case is about to become current (a visa number is likely to be available within the year), the petition is forwarded to the appropriate U.S. embassy or consulate overseas. Each petition is reviewed by at least two people before being sent to the consulate, assuring quality control. If an applicant is adjusting status in the U.S., the case will be forwarded to the appropriate CIS office upon request by that office.

When an applicant's priority date is close to becoming current,
  • NVC will send an Affidavit of Support (I-864 form) processing fee bill ($70) to the petitioner and an Agent of Choice and Address (DS-3032) form to the applicant.

    No Form Form DS-3032 is required if:
    1. A G-28 is received from USCIS and the attorney is the agent;
    2. The alien is self-petitioning;
    3. A child is being adopted.

    Form DS-3032 permits the applicant to choose an "agent" to receive mailings from NVC and assist in the paperwork or paying of required fees. The agent can be the petitioner, an attorney, a friend or non-governmental or community-based organization. The agent cannot sign required documents for the applicant, but can assist with fee payments and document collection. The applicant is not required to choose an agent and may have all mailings sent to the overseas address. The applicant's file will be held at NVC until the signed Form DS-3032 is returned. If it is not returned within one year, NVC will begin the case termination process.

    The NVC sends a correctly addressed, return envelope with the bills. It is important that you use the return envelope provided to you, when paying the fees. Don't forget to put the correct postage on the envelope. Don't pay the bill until the NVC asks you to do so. Don't send payments to the NVC at Portsmouth, New Hampshire.

  • Once the I-864 processing fee is paid, NVC will send the I864 forms and instructions to the petitioner. Completed I-864 form must be taken directly to the visa interview appointment, unless asked specifically to be sent to NVC. Do not send it to the consulate.

  • Once NVC receives the form DS-3032 from the applicant, NVC will mail the Immigrant Visa (IV) fee bill ($335) to the agent of choice.

  • Once the IV fee bill is paid, NVC will send the Instructions Package for Immigrant Visa Applicants (formerly known as Packet 3) to the agent.

    The exact contents of the Instruction Packet will depend on where the applicant will be interviewed for a visa. Applicant should send the required documents as per the instructions.

  • Depending upon your consulate, once NVC/consulate receives all required documents, usually, consulate will schedule an interview within 60 to 90 days, if the priority date is current. Consulate sends "Appointment Package for Immigrant Visa Applicants" (Formerly known as Packet 4) to the applicant.

  • Applicant and all accompanying family members (spouse and children) need to go for medical examination.

  • Applicant and all accompanying family members visit the consulate on the appointment day for an interview.
Beneficiary already in the US
If the beneficiary is already in the US, the petitioner can designate either consular processing or adjustment of status while filing I-130 (Family based) or I-140 (Employment based) petition. In this case, when the petition is approved by USCIS, it will be sent to NVC for further processing.

If you live in the U.S., you may be eligible for adjustment of status as a permanent resident. When your case becomes current, NVC will send you a letter stating that you may be eligible for adjustment of status and asking whether you will adjust or apply at a U.S. consular section abroad. If you write back to NVC that you will adjust status, they will note it on your case record and retain the file until an USCIS office requests it to process your adjustment application. If NVC does not get a reply to their letter after 30 days, they will begin processing your case as if you have chosen to process at a consular office abroad. NVC is not involved in adjustment of status and it should be done with USCIS.

If the petitioner indicated that the beneficiary will do adjustment of status in the US, and later changes the mind and would like to do consular processing, petitioner must file Form I-824 to have USCIS transfer the file to NVC for further processing. NVC will create a case number and send "Instruction Package for Immigrant Visa Applicants." (Formerly Packet 3) to the candidate. Filing of I-824 can delay the processing considerably. In some cases, it may be possible to proceed on the basis of an "attorney certified copy" of the petition.

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