There are two fundamental ways to use for positive identification (permanent resident status). Foreign nationals, who meet certain criteria, could also be eligible to use from within United State through a process called adjustment of status. But the bulk of foreign nationals apply from outside us at a U.S. embassy or consulate. this is often referred to as consular processing.
7 Steps To Use Identification.
This article provides a summary of the immigrant visa (green card) application process for consular processing.
Although other categories take an identical path, this overview discusses the steps to use for positive identification through the family-based immediate relative and family preference categories.
Before one can start, you’ll get to know that you simply have a qualifying relationship to use for positive identification through the family.
Eligibility to use for positive identification.
Only certain relatives of U.S. citizens or lawful permanent residents (current positive identification holders) qualify. Here’s how each category is split.
The immediate relative category for family-based green cards includes the spouse, unmarried children (under age 21), and fogeys of U.S. citizens.
That’s it. Because a visa is usually available to immediate relatives, this is often a special category. Although it takes time to get the positive identification, there isn’t a long wait related to other categories.
On the other hand, the family preference categories generally have a wait time. That’s because immigration law designates a particular number of visas annually.
If there are more people requesting visas than there are visas available, this creates a waitlist. The family preference category for family-based green cards includes:
(Family First Preference): Unmarried sons and daughters of a U.S. citizen, and their minor children (if any)
Family Second Preference): Spouses, minor children, and unmarried sons and daughters (age 21 and over) of a lawful permanent resident
Emily Third Preference): Married sons and daughters of a U.S. citizen, and their spouses and minor children (Family Fourth Preference):
Brothers and sisters of a U.S. citizen, and their spouses and minor children (petitioner must be Submit an I-130 Petitioner the whole consular process starts with the U.S.
Citizen or permanent resident loved one filing a petition with the govt on behalf of the foreign relative who wants to use for positive identification.
Form I-130, Petition for Alien Relative, establishes a qualifying relationship with the relative. for instance, a U.S. citizen could file the petition on behalf of his foreign national spouse.
It’s an invitation that U.S. Citizenship and Immigration Services (USCIS) recognize the foreign national spouse as an instantaneous relative of a U.S. citizen and make an immigrant visa available.
Albeit the petitioner is outside United State, he or she may file Form I-130 to start out the method.
If the I-130 petition is correctly filed with the right supporting documents, USCIS will “adjudicate” the petition. In other words, this suggests they’re going to make a choice on the petition.
For immediate relatives, this decision comes fairly quickly, about 5-9 months. counting on the precise sort of relationship, it’s going to take a couple of months to many years for the preference categories.
For a better check out what happens after filing the petition, see the I-130 time interval.
Even once USCIS approves an I-130 petition for a family preference category, it doesn’t mean the wait is over. The approval indicates you’ve got a qualifying relationship.
It doesn’t necessarily signal the supply of an immigrant visa. to know the wait time, you’ll want to find out the way to read the visa bulletin.
National Visa Center Processing Fees
Once USCIS approves they’re going to forward the case to the National Visa Center (NVC). The NVC is a component of the U.S.
Department of State and can eventually transition your case to the U.S. embassy or consult that conducts the visa interview.
It might take a few months to maneuver your case to the NVC. You’ll know the NVC has your case in their system once they send you a Welcome Letter (by email and postal mail). The NVC also will grant you online access to the case.
- Before the NVC will begin processing your case, you want to pay two separate fees:
- Immigrant Visa Application Processing Fee
- Affidavit of Support Fee
- For more information about costs, see the consular processing fees.
- Prepare Affidavit of Support
Virtually all family-based immigrants must prove that they’re going to not be a public charge. Consequently, they need to have a financial sponsor that promises to simply accept financial responsibility for the one that will apply for positive identification.
The petitioner must prepare and submit a Form I-864, Affidavit of Support, with supporting documents. If the petitioning petitioner doesn’t meet the wants, a joint sponsor also can submit an I-864 affidavit on behalf of the intending immigrant.
For more information on income requirements and therefore the I-864, examine financial sponsors for family-based positive identification.
The petitioner (including any joint sponsor(s)) is agreeing to use their resources, if necessary, to financially support the principal immigrant and any dependent(s).
If the immigrants receive any designated federal, state, or local means-tested public benefits, the agency providing the benefit “shall request reimbursement
Many consular processing cases are delayed significantly (or ultimately denied) because the parties cannot submit a correctly prepared Form I-864 and appropriate supporting documents.
CitizenPath customers get a well-prepared Form I-864 and an easy-to-read list of personalized filing instructions that detail supporting documents. Learn more about CitizenPath’s service to organize Form.
Apply for a positive identification
Finally, your relative may apply for positive identification. it’s now that he or she may complete the web visa application (DS-260).
The DS-260 application is on the Department of State website. You’ll get to know your case number to start out.
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Though you won’t be ready to preview the web application to use for positive identification, you’ll view a sample DS-260 application.
After submitting the DS-260 application online, you want to print the confirmation page and convey it to your interview.
Reasons for a positive identification Application Denial Submit Civil Documents
The application process isn’t really complete until you submit your civil documents. Civil documents are records issued by the legal document issuing authority in your country. Examples are birth certificates and marriage certificates.
Gather Civil Documents
The specific civil documents that you simply need depend upon your case. The NVC will inform you of the precise civil documents necessary to support your application. These documents may or might not include:
- Birth certificates
- Marriage certificates
- Divorce decrees or death certificates
- Military records
- Court and prison records
- Police certificates
All documents not written in English, or within the official language of the country from which you’re applying, must be amid certified translations.
Scan and Submit Civil Documents.
The National Visa Center highly recommends that you simply scan and submit all documents. you’ll mail these documents, but it’ll delay the processing of your case. Specific directions will come from the NVC.
In some documents, you’ll need originals. Therefore, keep the first documents together in a folder that you simply can take the visa interview.
Once you’ve got paid all fees, submitted the DS-260, and submitted all civil documents, you’ve got successfully applied for positive identification.
The NVC will confirm by email that your case is “documentarily” complete. At now, the NVC will begin coordinating with the U.S. embassy or consulate where you’ll interview.
Immigrant Visa Interview Preparation
The NVC will schedule a visa interview at the U.S. embassy or consulate that you’ve designated. All parties, including the petitioner, intending immigrant.
And agent/attorney (if applicable), is going to be notified by email. This is often your signal to organize.
Before the interview, but not before receiving the appointment date, the intending immigrant must complete a checkup.
The exam must be with an embassy-approved doctor, also mentioned because of the Panel Physician. Consular officers won’t accept exams conducted by other physicians.
After your exam, the Panel Physician will either send the exam results to the embassy or offer you a sealed envelope.
If the doctor gives you an envelope, don’t open it. Take the exam results to your visa interview and provides them to the consular officer.
At now, each embassy’s procedures can vary. you’ll find each embassy’s pre-interview guidelines here.
Immigrant Visa Interview
The visa application isn’t formally made until a U.S. consular office interviews the immigrant visa applicant. In other words.
You didn’t apply for a positive identification until you’ve got interviewed. If you show up to the embassy prepared, consular interviews are often very quick.
Who Attends Consular Interview
You, your spouse, and any qualified unmarried children immigrating with you must participate in the interview. In fact, the NVC’s letter will name all applicants required to participate within the appointment letter.
If your spouse and/or children will immigrate at a later date and travel separately from you, they’re not required to participate in your consular interview. they’re going to be scheduled for a separate interview appointment.
- Your sponsor/petitioner doesn’t attend the visa interview.
- What to require to Consular Interview
Refer to the appointment letter that you simply receive from the NVC. This letter should detail the precise items to require for your interview. The list can vary supported by the country and/or embassy.
- Generally, consular officers expect you to bring:
- Appointment Lette
Two identical color photograph(s) for every applicant, which must meet the State Department photograph requirements.
Supporting Documents. The original or certified copies of all documents you submitted in Step 5.
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We offer support for the Petition for Alien Relative (Form I-130), Affidavit of Support (Form I-864), and a number of other USCIS forms.