Consular Processing of an Immigrant Visa Application

Preparing for a US Consulate interview for visa applications can seem complex and overwhelming at first glance but can be broken down into 12 steps to ease the process as an attorney or applicant. Visa application interviews typically last less than 10 minutes but involve a lot of preparation ahead of time.

Step 1: Submit a Petition

The US citizen or lawful permanent resident who is sponsoring, or petitioning, for the intending immigrant, also known as the beneficiary, must initiate the visa application process by either filing by paper with the United States Citizenship & Immigration Services (USCIS) or by filing online after creating an account on the USCIS Application Website. Currently, USCIS allows online filing for a family-based petition using Form I-130 (https://www.uscis.gov/i-130). Once an account has been created, the petitioner can start Form I-130 Petition for Alien Relatives by clicking on the “File a form online” as USCIS welcomes you to your new account. You will then select “I-130, Petition for Alien Relative” as the form you would like to file. Before you can continue, you must review the guidelines and eligibility requirements and then you can simply follow the instructions provided to file Form I-130 online.

In an employment-based immigrant visa process, there is currently no option to file the required Form I-140 (https://www.uscis.gov/i-140) by using the USCIS online portal. Likewise, in an immigrant visa process based on EB-5 (https://www.uscis.gov/i-526), or other immigrant visa options via self-petition using Form I-360 (https://www.uscis.gov/i-360), the petitions must be filed by paper with USCIS.

Step 2: Begin National Visa Center Processing

Due to US law limiting the number of immigrant visa numbers available per year in specific visa categories, the approval of a petition for an immigration visa will secure a place in queue for the visa applicant to wait for their priority date to become available (or “current”). The priority date, or the date on which USCIS received the immigrant visa petition, will help determine when to begin processing a visa application through the National Visa Center (NVC), once a priority date becomes current. Priority dates can be checked by reviewing The Visa Bulletin (state.gov) for the monthly updates to cases that NVC is processing. After USCIS approves the immigrant visa petition, it will send a welcome letter by email confirming the approval with details on how to continue the application through the NVC, if an immigrant visa is available at that time with a current priority date or, as in the case concerning immediate relatives (spouses, minor children and parents of US citizen petitioners) an immigrant visa is always available and there are no visa quotas. Additionally, the most important part of this step is to sign into the NVC portal as soon as you receive your confirmation email. The NVC link provided in the email will direct you to the Consular Electronic Application Center (state.gov), where you will select DS-260 Online Immigrant Visa and Alien Registration Application. In your welcome email, you will use the NVC Case ID and Invoice ID to log into your NVC portal, check the status, and manage your case.

Step 3: Pay Fees

Once you successfully enter the NVC portal to access your case, scroll to the bottom to view the two processing fees that must be paid: the Immigrant Visa Application Processing Fee (IV Application Fee, currently $345) and the Affidavit of Support Fee, currently $120. Employment-based immigrant visa applicants are not required to pay the $120 affidavit of support fee. Click the “PAY NOW” button once you select the fees and them one at a time. While NVC processes your payment, the fees paid will say “In Process”, which takes approximately 5-7 business days until the payment is fully processed before you can start the Immigrant Visa Application (IV Application).

Step 4: Complete the Affidavit of Support

For family-based cases, the Affidavit of Support, also known as Form I-864 (https://www.uscis.gov/i-864) is used as a document for an “individual to accept financial responsibility until applicant becomes US citizen for the applicant who is coming to live in the US”; essentially, Form I-864 officiates the sponsor, or petitioner, of the intending immigrant. Use Affidavit of Support (state.gov) page to use thePoverty Guidelines Calculator to determine whether as a sponsor you meet the minimum income requirement to sponsor. If you have an insufficient income, a joint-sponsor can also complete Form I-864. More information on the Affidavit of Support forms and requirements can be found on the Affidavit of Support | USCIS site. As you fill out the form, begin to gather evidence of finances for other supporting documents, which you will see in the coming steps.

Step 5: Collect Financial Evidence and Other Supporting Documents

To determine which financial evidence and supporting documents to submit, use the Financial Evidence Assistant (state.gov) link based on the type of Affidavit of Support form submitted. Some examples of required financial documents include IRS tax transcripts, evidence of income, proof of US status, etc. Form I-864 must be signed by the member of petitioner’s household who files taxes and must provide a copy of the petitioner’s IRS-issued tax transcript for most recent year. For any Form I-864, proof of US petitioner and status of any joint sponsor is required, just like how for employment-visas, proof of job offer letter from petitioning business is needed.

Step 6: Complete IV Application

Now the intending immigrant(s) must complete the Application for Immigrant Visa and Alien Registration, which is known as Form DS-260. Log into Immigrant Visa – Sign In (state.gov) and click on “START NOW” under IV Application of your case summary page. Once you answer all the questions in English, review your answers, indicate if you received any help from a translator or petitioner and submit the application. Then, print the confirmation page of DS-260 submission to bring to your consular interview.

Step 7: Collect All Civil Documents

After submitting the DS-260 and Affidavit of Support forms, all intending immigrants must gather the required civil documents to support your visa application. All documents must be translated in English and verified by translator to ensure that all statements are accurate. Documents required for each consulate vary from country to country, which is why you can use U.S. Visa: Reciprocity and Civil Documents by Country (state.gov) to find which civil documents need to be collected based on the country of your consular interview. However, most consulates require key documents that are needed for any location of consulate. An appointment letter from the NVC, which is received either in mail or email, must be brought to the interview detailed in the letter to confirm the date, location, time, and the names of those attending the interview. You must bring a passport valid for a minimum of 8 months, and a recent photograph of yourself with the following specifics: in color, in front of white background, taken from the bottom of the chin to the top of the head, full face visible, and 2×2 inches. Bring the printed confirmation page from your DS-260 Application (IV Application) and the confirmation page of the online appointment registration made in Step 1. An English-translated, certified copy of your birth certificate, notarized adoption certificate, or a certified alias certificate if you used a different name/alias must be issues by the local notary public office to bring to the interview, along with the date, place of birth and names of both parents. For applicants over 16, bring police certificates issued within the last 24 months and must cover the entire time you have lived in that country since age 16 or provide police certificates of all countries you have lived in for 6 months or longer if it is outside your country of nationality. Court and prison records are needed, and crimes committed must be listed in the police certificate, as well as marriage and divorce certificates. Finally, most consulates require evidence of the relationship between the petitioner and beneficiary, such as photos with the petitioner and communication records.

Step 8: Scan Collected Documents

For family-based applications, once you have compiled all the necessary documents, scan a copy of the required documents instead of mailing them. Scans must be in color in .pdf, .jpg, .jpeg types; both the front and back of documents must also be scanned. Visit Scan Documents (state.gov) to learn more about the specific requirements for scanning, such as the particular file size and type, image quality, etc.

In employment-based processes, the necessary supporting documents will need to be mailed to the NVC (check the NVC’s website for the most current address).

Step 9: Submit Documents and Schedule a Medical Exam

After scanning, submit documents via Immigrant Visa – Sign In (state.gov) by clicking the “Start Now” button under Affidavit of Support Documents and Civil Documents; once selected, press “submit documents.” As NVC reviews your documents, read all notified updates to your case since NVC might update your case because the right documents were not submitted, or a correction is required. Once reviewed, NVC will send you an email that your case is “documentarily complete” and will schedule an appointment with the US Embassy or Consulate for you. Priority dates for interview appointments can be tracked here: The Visa Bulletin (state.gov). The NVC will notify the visa applicant of an interview date and time by email and/or by mail.

Schedule a Medical Exam

Prior to attending the visa interview at the consulate, the visa applicant must schedule a medical exam in the location where the consulate is located. A list of approved physicians will be provided on List of U.S. Embassies and Consulates (state.gov), as well as what the medical examination entails based on the location of the consulate. Make sure to review the necessary items needed to be brought to examination and vaccination requirements. Once you receive results from the exam, the doctor could either send them directly to the US Consulate you listed or provide them to you in a sealed envelope, which you must bring to the consular interview. After the priority of the medical exam, register for a courier Service (depends on embassy) to have your passports and visas returned after the interview, which can either be done online or an official from the interview will provide specific instructions. Print and complete pre-interview checklist to prepare with necessary materials, such as ensuring that all documents provided are in English or with certified English translation. In addition to processing fees from earlier steps, immigrant visa fees are also required to paid before the interview through the NVC appointment website or come prepared to pay the fees on the day of your interview (only cash and credit cards are accepted). Immigrant visa application fees range from $565 to $665 but specific information on each visa fee can be found on Fees for Visa Services (state.gov).. In preparation for the limited time given during the interview, practice English with a native speaker to leave the best impression with the consulate official and learn how to contextualize any possible “red flags” in your case.

Step 11: Applicant Interview

Within the letter confirming your visa application interview, the names of those who should attend the interview will be listed, which should include any family members (14 years or older) immigrating with you on the same date, and any family members who have their own petition/case number and are their own principal applicants. Your appointment time is for when you should arrive at the consulate, not when the interview begins. Dress appropriately in formal clothes and remember that transparency is key. You can bring one person to accommodate if you are elderly or disabled or a parent/legal guardian if under 14, but you cannot bring electronic devices, listening devices, bags, food items or any person not listed on the visa appointment letter.

A successful visa interview can depend on a variety of factors. Being prepared is key to this process. Watch our videos with mock interviews and do’s and don’ts on marriage-based and employment-based processes as well as for a visitor visa application: Resources | Jane Y. Lee – Immigration Law (attorneyjanelee.com)

Step 12: Post-Interview Actions

Applicants will receive a final answer on whether their visa was approved within 120 days after the interview. However, if the consular officer needs more time additional documents will be requested and instructions on how to send documents will be provided. If your visa is approved await your immigrant visa in a page within your passport, which will also be delivered. You may also receive a sealed envelope with documents and vaccination records from your medical examination needed to be provided to US immigration authorities upon arrival to US. If sealed documents are not given, officials have already electronically sent the required documents to the Department of Homeland Security. Then you must pay the Immigrant Visa Fee using the directions from the consulate, which includes your Alien Number and the Department of State Case ID to process your green card.  Once you receive a notification that your green card was issued, you can enter the US before the expiration date on the visa and principal applicants must enter before or at the same time as other family members with granted visas. Children issued a visa before 21 years of age must enter the US before their 21st birthday. Form I-551 Permanent Resident Card, also known as your green card, will be mailed to the address in the US that you provided in your visa application form, but once your green card is issued, do not travel outside of the US for more than a year. Make sure to read Welcome to the United States: A Guide for New Immigrants for a smoother adjustment to living in the US as an immigrant. If your visa is denied, you will be informed by a consular officer and provided with an explanation due to certain existing ineligibilities, or your visa denial could be due to missing supporting documentation, after which an officer will explain how to provide documents or of any other necessary administrative processing.

If your interview was not successful, do not lose hope. You may have other options available, so do not wait too long and try to talk to an attorney as soon as possible to figure out the next course of action.