The Process Through U.S. Embassy or Consulate Abroad
1. Submit Form, I-130 with U. S. States Citizenship and Immigration Services (USCIS)
USCIS will generally approve Form I-130 if you can establish a relationship between you and your relative that qualifies her/him to immigrate to the United States. Generally, once USCIS approved the petition, your relative may apply to become an LPR. This is the second step in the process. Certain relatives must wait until a visa number is available before they can apply. If your relative qualifies as an immediate relative (spouse of US Citizen; children (single, under 21) of US Citizen; and parent of US Citizen (if the US Citizen is 21 and over)) an immigrant visa is always available and there is no waiting time.
2. After form I-130 is approved by USCIS, your case will be transferred to the Department of State's National Visa Center (NVC)
Once you submit your fees, forms, and supporting documents to NVC, the case will be reviewed to ensure that you provided all the documentation required to schedule the immigrant visa interview. Interviews are based on the availability of appointments offered at the Embassy/Consulate abroad;
3. After NVC schedules your visa interview appointment
NVC will send to the foreign citizen relative, petitioner (U.S. Citizen or LPR), and your agent/attorney (if applicable) an email noting the appointment date and time. After you receive an interview Appointment Letter from NVC, you must take the following steps BEFORE the interview date.
Schedule and Complete a Medical Examination
Register for Courier Service/Other Pre-Interview Instructions
Gather Documents Required for the Interview
4. If your visa is approved
Foreign citizen relative will be informed how and when your passport and visa will be returned to you. You must pay the USCIS Immigrant Fee to USCIS after you receive your immigrant visa and before you travel to the United States. Please Note: USCIS will not issue a Permanent Resident Card (Form I-551 or Green Card) until you have paid the fee.
5. If your relative’s visa is denied
Foreign citizen relative will be informed by the consular officer why she/he is ineligible to receive a visa. Based on U.S. law, not everyone who applies is qualified or eligible for a visa to come to the United States. Under U.S. law, many factors could make an applicant ineligible to receive a visa. In some instances, the law might allow your spouse to apply for a waiver of the ineligibility. Please review Waivers webpage for more detailed information.
What is the Attorney's Assistance in a Consular Processing Case?
An attorney can assist you by making sure that the petitions and all forms are filled out properly.
He will make sure that all necessary documentations are submitted in a timely manner.
The advice of an attorney is important to discuss the consequences that may be caused by changes in people’s life circumstances. Life events of the petitioner or beneficiaries such as: marriages, divorces and/or becoming a US Citizen, may cause beneficiaries to move from one preference to another or even lose the eligibility for immigrant visa.
The advice of an attorney is important to discuss the consequences of previous convictions, previous misrepresentation and other grounds ineligibility to obtain immigrant visa
Prepare for the interview and present all facts and legal arguments to the U.S. Embassy or Consulate abroad
Successfully completed more than three hundred ninety (390) immigration cases through U.S. Embassy or Consulate abroad.
To discuss your Consular Processing case with an experienced Jacksonville immigration attorney from Gjoka Law Firm, feel free to contact us by email at firstname.lastname@example.org or call us at 904-351-8749.