USA Immigrant Visa Application Process
Immigrant Visas
The following procedures apply to immediate relative (IR) and family.
Step 1: A sponsor in the U.S. (the petitioner) files a
petition with the U.S. Immigration and Citizenship Services (USCIS). Forms and
instructions are available on the USCIS website at http://uscis.gov/graphics/services/imm_visas.htm.
Step 2: Once USCIS approves the petition, they will send the
petitioner a Notice of Approval, Form I-797. USCIS then forwards the approved
petition to the State Department's National Visa Center(NVC) for further processing. NVC sends
an Instruction Package to the applicant, petitioner, or their legal
representative. NVC will also pre-screen the Affidavit of Support Form
I-864 and collect IV application fees directly
from the petitioner in the U.S.
Because U.S. law limits the number of immigrant visas that can be issued each
year in certain categories, these cases will remain in storage at NVC until
their priority dates are current.
NVC has an automated recorded message system which can answer inquiries 24
hours a day, seven days a week (603-334-0700). NVC only has information on
petitions it has already received. If the automated service does not recognize
the CIS file or receipt numbers entered, most likely they have not yet received
the petition from USCIS. Written inquiries, change
of address information, and requests to upgrade petitions due to the
petitioner's naturalization should be sent to: The National Visa Center, 32
Rochester Avenue, Portsmouth, NH 03801-2909.
Step 3: When the priority date is nearly current and NVC
completes its processing, it notifies the applicant and forwards the case to the
Consular Section at our office.
Step 4: Once our office receives the physical case file from
NVC, we will complete pre-interview processing and schedule an interview
appointment. This process can take two to three months from the time we receive
the case file. Interviews are not scheduled for family preference (F) cases
until the priority date is current.
Step 5: Our office sends an Appointment Package to the
applicant by mail, including instructions for obtaining the required medical
examination and a list of other documents required at the interview. The applicant must
complete the medical examination and prepare all of the required documents
before the visa interview.
Step 6: The applicant appears at the Consulate General for a
visa interview on the scheduled date. We do not permit the petitioner to attend
the immigrant visa interview. Our officers are trained to conduct interviews in
Vietnamese. If the applicant is still unable to understand the questions posed
to them, we provide a local employee who will translate for the applicant.
If the applicant is found to be eligible for a visa at the time of the
interview, the visa will normally be issued on the next business day.
Re-scheduling appointments: If an applicant fails to appear
on the scheduled date or would like to re-schedule an upcoming appointment, he
or she should send us a written Request (click here for the
form) for a new appointment. The Request for a new appointment is also
available at our office for free of charge. The second appointment will usually
be three months later after we receive the Request.
Refusals: Section 221(g) of the U.S. Immigration and
Nationality Act states that immigrant visa applications lacking required
documents must be denied until such time as those documents are submitted and
found to be sufficient. If, for any reason, the applicant is not eligible for a
visa at the time of the interview, the applicant will receive an explanation in
writing and a request for the specific documents still required, if any.
Applicants refused under Section 221(g) who are specifically requested to
submit more documents, may submit the additional information either via
registered mail or in person at the Consulate between 1:00 p.m. and 3:00 p.m.
Monday through Friday, except holidays. The applicant should include the blue or green
refusal sheet asking for additional information.
Important Notices
Security Notice: Do not bring electronic devices (mobile phones,
radios, recorders, computers, PDAs, cameras, walkmans, etc.) with you when you
come to the U.S. Consulate General. You and your effects will be screened at
the entrance. Prohibited items are not allowed entry. Bringing such items will
delay your entry and may cause you to miss your appointment.
Warning: Please note that we cannot tell you in advance that a visa will be
issued. Applicants are advised not to make any final travel arrangements, to
dispose of property or give up jobs until a visa has actually been issued and is
in hand.
Penalties for Misrepresentation: Please keep in mind that your signature on
any visa application form is your guarantee that all information you provide is
true and correct. You are personally and legally responsible, even if a travel
agent or someone else prepares documents for you. Any fraudulent documents or
misleading statements may result in your permanent ineligibility for any future
visa.
Source : Consulate general of the United States.
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