Family Based Visas The Department of State Visa Services

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Presentation transcript:

Family Based Visas The Department of State Visa Services Bureau of Consular Affairs

Family Based Visas Immediate Relatives (No Numerical Limits - Shorter wait) Spouse, Minor Child, or Parent of a U.S. Citizen Inter-country adoption Family Preference (Numerical Limits - Longer wait) Example – Brother of a U.S. citizen

Immediate Relatives Congress does not limit visas for spouses, minor children, and parents of U.S. citizens, and in FY 2011, over 450,000 individuals adjusted status in the United States or immigrated in these Immediate Relative visa categories.

Family Preference Categories Each year, Congress also allocates 226,000 visas to other categories of family members, including adult sons and daughters, brothers and sisters of American Citizens, and the spouse and children of green card holders. For those categories with annual limits, the number of visa applicants each year far exceeds the amount of visas Congress makes available. Those applying for the limited family-based visa categories must currently wait at least several years before receiving a visa.

Visa Bulletin *May 2012 Visa Bulletin Family-Sponsored All Chargeability Areas Except Those Listed CHINA-mainland born INDIA MEXICO PHILIPPINES F1 01MAY05 15MAY93 01JUL97 *May 2012 Visa Bulletin

Immigrant Visa Processing Interview & Final Decision at U.S. Embassy or Consulate Pre-Processing at NVC

Step 1: Petition is Sent to the National Visa Center Once USCIS has approved a petition, the petition will be forwarded to the National Visa Center (NVC). All petitions are administratively processed at the NVC. NVC: Collects immigrant visa application fees $230 for most family based IVs $220 for IVs stemming from I360 petitions Immigrant visa application documentation

Step 2: IV petition becomes current a.) The Department of State's Visa Bulletin has current priority dates. b.) When an applicant's priority date is close to being current, the NVC will contact the applicant and petitioner with instructions c.) The NVC will again contact the applicant and petitioner to request that the necessary immigrant visa documentation be submitted. d.) NVC retains immigrant visa cases until they are ready for adjudication by a consular officer abroad. e.) Once cases are documentarily qualified, NVC schedule interview appointments, notify applicants the appointment dates and forwards the documentation to overseas posts.

Step 3: The Consular Interview The consular officer will evaluate the beneficiary’s and the derivative beneficiaries’ eligibility for the visa. Consular officer must look at potential ineligibilities Police Certificate provided by the applicant Results of namechecks Financial support (Public Charge) Medical Ineligibilities (Communicable diseases, alcohol abuses) Does the family relationship exist? DNA testing to prove parent child relationship

Contacting Us Helpful Hints Include: Visa applicant’s full name (as in PPT), DOB, city/country of birth, PPT number, and date of last interview Contact Information

Where to Find Information Our website - http://travel.state.gov/congress/congress_3805.html By phone - Congressional Inquiries: (202) 663-1516 VisaNet@state.gov National Visa Center: (603) 334-0700 (immigrant visa cases at NVC)