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Consular
Processing
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:
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,
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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