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The
Procedure for Consular Processing
After
an immigrant visa petition is approved,
the USCIS forwards the approved
petition to the National Visa Center (NVC)
of the U.S. Department of State.
When an immigrant visa number
becomes available, the NVC sends a packet
entitled “Instruction Package for
Immigrant Visa Applicants” to the
applicant or his attorney.
This packet includes:
1) State Department forms for
applying for immigrant visas, 2) an
affidavit of support for all family-based
cases and some employment-based cases, 3)
a list of documents which must be obtained
for the visa interview, and 4) further
instructions on the process.
The applicant completes the forms and
returns them with fees, as instructed, to
either the NVC or appropriate U.S.
Consulate.
The applicant must also gather the
following documentation:
passports, birth certificates,
police certificates, court and prison
records, military records, and marriage
and divorce certificates for each person
immigrating.
Upon receipt of the forms and
notification that the applicant has
obtained all necessary documents, the NVC
or Consulate will issue another packet
entitled “Appointment Package for
Immigrant Visa Applicants”.
This packet will inform the
applicant of the exact time and date of
the visa interview appointment and on how
to obtain the required medical
examination.
If the application is approved, the
individual will be issued an immigrant
visa valid for six months.
The individual must enter the
United States with this immigrant visa
within this six-month period.
Upon entry to the United States,
the individual’s passport is stamped
with temporary documentation of his or her
permanent resident status and is processed
for a green card.
The green card is sent to the
individual’s U.S. address.
If the application for an immigrant visa
is denied by the U.S. Consulate, the
principal consular officer at the
Consulate will review the denial.
If the denial stands, the
applicant’s attorney may contact the
Department of State in Washington, D.C.
for an Advisory Opinion.
There is no appeal process for the
denial of a decision of a consular officer
of the United States.
To
request a consultation regarding consular
processing of an immigrant visa, please
contact our office here. |
