Petitioning for permanent residence for family living abroad is typically a multi-step process that involves several U.S. government agencies. For those considered “immediate relatives,” which are the spouse, minor children or parents of U.S. Citizens, the process typically takes at least 18 months, and we expect additional delays related to COVID-19 closures. Following is a list of the typical application steps.
1) I-130 petition to US Citizenship & Immigration Services (USCIS).
In order to initiate the immigrant visa process for certain family members, the I-130 petition and supporting documents must be sent to USCIS. This petition establishes the immigration status of the petitioner and the relationship between the petitioner and the beneficiary (also known as the immigrant visa applicant).
U.S. Citizens are allowed to petition for spouses, children, parents, and siblings. Lawful permanent residents are allowed to petition for spouses and unmarried children.
2) Case is forwarded to the US State Department, at the National Visa Center
After I-130 approval, USCIS forwards the case to the U.S. State Department, which oversees visa processing for all those living abroad. The State Department’s National Visa Center (“NVC”) oversees the acceptance of all necessary documents and forms, and it prepares the case for the eventual interview at the U.S. Consulate. When the NVC receives the case, they send an e-mail to the applicants and their attorney that assigns a consular case ID and login instructions for their on-line portal.
Note: if the family member is not an immediate relative (such as adult children of U.S. Citizens, spouses and unmarried children of permanent residents, and siblings of U.S. Citizens), they will placed on a waiting list until a visa number is available. When they come close to the top of the waiting list, the NVC will then notify them and consular processing will begin then.
3) Filing with the NVC
While the case is at the NVC, the applicant is required to pay DOS filing fees (currently totaling $445). They also must complete an on-line visa application (the DS-260 form), upload financial documents including the I-864 affidavit of support, and biographical documents. This is all done on the NVC on-line portal.
4) Case is reviewed by NVC and placed in queue for interview.
The NVC will make sure that all the required documents have been submitted, and if everything is complete, they will put the case in queue for scheduling for the interview at the U.S. Consulate. They will send an e-mail to the applicant and attorney that states that the case is “documentarily qualified.”
5) Interview at U.S. Consulate scheduled.
When a consular interview is scheduled, the applicant and attorney receive email notification of this. There will also be instructions regarding completing an official medical exam, undergoing biometrics, and choosing a courier service for future delivery of passport and visa.
6) Attend interview
The applicant attends their interview at the U.S. Consulate. If all goes well at the interview, the U.S. Consulate will hold on to the applicant’s passport, for the purpose of issuing the immigrant visa. The applicant will not be able to travel abroad during this time, which will typically be 2-3 weeks.
If the Consulate requires more documents, it will issue a letter that lists what they need. They will not hold onto the passport in these circumstances and will instead wait until they receive the required documents before they ask for the passport again.
7) Visa issued, passport returned, travel to US.
After the visa is issued, the U.S. Consulate will return the applicant’s passport to them, typically through a courier service. The applicant must enter the U.S. before the visa expires (it is typically valid for 6 months). When the applicant enters the U.S., they will become a permanent resident of the US. Their permanent residence card (also known as a “green card”) and Social Security card will be mailed to them in the US, typically within a few weeks.
The above is not legal advice and should not be acted upon as such. Immigrant visa processing is complicated and we recommend consultation with counsel prior to proceeding.