If you are not currently in the United States and, therefore, not qualified to apply for an Adjustment of Status, an Immigrant Visa application presented to the U.S. Consulate in your location is the best course of action. An approved visa petition with a current priority date is needed to start the process.
National Visa Center
The underlying petition is forwarded to the National Visa Center (NVC) by the United States Citizenship and Integration Service (USCIS) where it is further scrutinized. The NVC contacts the petitioner as an immigrant visa becomes available.
The applicant is required to fulfill six steps to further the process. These are to select an agent to represent you during the visa process, pay the fees, submit the application form, collect financial documents, gather the supporting documents that will underscore the purpose of your stay, and submit the application.
When the NVC notifies you of the in-person interview, it is essential that you make some preliminary preparations. Having a pre-interview medical examination and receiving all necessary vaccinations is the first important step.
Secondly, read and follow through with all pre-interview steps to enhance your success, including collecting what you need to bring to the interview. Failure to bring all items will likely result in a delay in issuing the visa.
At the interview, you and all accompanying family members should be present. If, however, the spouse or unmarried family members will be coming to the United States at a later time, they need not be present. An interview should be scheduled for a time closer to their departure so they may go through the same process.
As outlined in the invitation to interview, the applicant must bring the following:
- Appointment letter from the NVC
- Your unexpired passport
- 2 identical photographs
- Medical exam results
- Duplicate and English translations of all forms and documents accumulated for the interview and application
- Visa fees
You should not make many permanent changes until you have the visa in hand. Quitting jobs, buying non-refundable tickets, or even selling homes is not advised until you have the assurance that you have secured the visa.
Only after the interview at the Consulate or U.S. Embassy has ended, the Consular Officer will advise whether your visa application is confirmed or denied.
If You Are Approved for an Immigrant Visa
Once you are approved, the U.S. Immigrant Visa will be placed in your passport, and you will receive a sealed Immigrant Visa packet that includes all pertinent documents that make your stay in the United States official.
You will need to travel within the designated period. Also, you must carry medical records and required proof of children’s vaccinations with you.
Pay the USCIS Immigration Fee before departure to the United States.
If You Are Denied an Immigrant Visa
The USCIS does not grant every applicant an immigration visa. In many cases, the problem stems from a lack of information provided at the time of the interview. Usually, the consular officer will advise the applicant of the shortcoming and ways to provide the missing information.
Alternatively, the case may require more administrative processing and may be deferred until other considerations are fulfilled.
Additionally, there may be specific reasons for ineligibility. These include health-related problems, criminal histories, security considerations, labor certification shortcomings, prior immigration violations, aliens previously removed, and ineligibility for citizenship.
There may be remedies, in some cases, that allow for a waiver process.
Wherever you may be in the immigration process including requesting an Adjustment of Status or the Consular Processing phase. It is important that you seek help from someone who understands all if the details of securing an immigration visa and establishing a permanent residence status if needed.
Insufficient or poorly prepared applications can delay the process or even result in rejection or even deportation. Work with an expert with considerable experience in these matters and save time, money, and excessive stress.
About Davis & Associates:
Davis & Associates is the immigration law firm of choice in North Texas including Dallas, Fort Worth, Plano, Frisco, McKinney and surrounding areas. Their attorneys provide expert legal counsel for all aspects of immigration law, including deportation defense, writs of habeas corpus and mandamus, family-sponsored immigration, employment-sponsored immigration, investment immigration, employer compliance, temporary visas for work and college, permanent residence, naturalization, consular visa processing, waivers, and appeals. Attorney Garry L. Davis is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization.