Consular processing is its own unique specialization that involves getting through the processing maze of the National Visa Center and U.S. embassies abroad. Fortunately, we know all the tricks to navigate it. Let us handle maintaing contact with the NVC, filing your application, and putting together the ideal consular package for your loved ones. We'll make sure your family members get the attention they deserve, not just treated like another file.
Step One: The National Visa Center
Submit Your DS-260, DS-160, and/or Other Qualifying Documentation
The first step in the consular processing pathway, once you've received your welcome letter from the National Visa Center (NVC) is the submission of forms and required documents to the NVC or appropriate U.S. embassy or consulate.
This typically includes completing the online DS-260 immigrant visa application for family-based cases or the DS-160 for other cases. Along with these forms, applicants need to submit supporting documentation like birth certificates, police certificates, financial evidence, and more.
Financial evidence usually takes the form of the I-864 Affidavit of Support, which demonstrates that the sponsoring relative or employer can financially support the applicant at the required income level. Once the NVC has received and reviewed all of your documentation and decided it is correct, you will become known as "documentarily qualified." At this point, your case is referred to your local embassy.
Gathering all of these documents can be tedious, but our experienced team can guide you through the process to ensure your paperwork is complete and submitted properly.
Step Two: The Embassy Appointment
Navigating the Medical Exam and the Interview Process
After submitting your forms and documents, the next major steps are the medical examination and the visa interview at the U.S. embassy or consulate.
The medical exam must be completed by a designated panel physician and proves you meet certain health-related requirements for U.S. immigration. At your visa interview, a consular officer will review your application and supporting documents and ask questions to determine your eligibility for an immigrant visa. If approved, you'll be instructed on next steps to receive your visa stamp. With that final visa stamp, you'll be ready to make preparations to travel to the United States!
Our team can help you prepare for the interview, understand the ideal time frame for departing for the U.S. and make sure you have all the proper documentation for a smooth entry on your new status.
Common Roadblocks
The One Year Contact Requirement and More
Consular processing is a multi-step journey that can sometimes hit speed bumps along the way.
One potential issue is maintaining consistent communication with the National Visa Center (NVC). The biggest issue our practice sees is when clients have not maintained contact with the NVC year-over-year. This frequently happens if clients are waiting for a waiver to process, completing understandable preparations in their home country to immigrate to the United States, or waiting for the length of an immigration bar to pass.
Unfortunately, if one year passes from the last date of contact with NVC, all submitted fees, forms and documents will expire, and your case will begin the pre-termination process. If you do not contact the NVC to keep your case active at that point, your case will be referred for termination. Terminating a case has potentially devastating affects, especially if a client has waited years or possibly even decades for a visa to become available. If you have received a termination letter, also known as a TL1 or TL2 letter, we are here to help you reinstate your case.
Another roadblock is the Request for Evidence (RFE). After reviewing your initial submission, the NVC or embassy may issue an RFE asking for additional documentation or clarification on certain aspects of your case. Failure to respond adequately can delay or derail your application's approval. Occasionally, the NVC may not even issue an RFE, such as for updated taxes if the tax year has passed while your application is pending. In these circumstances, your case can pend indefinitely until the issue is resolved.
Other hurdles can include administrative processing delays, changes to your qualifying circumstances, or the need to update fees or other information. Our legal team has extensive experience navigating these types of consular roadblocks. We'll ensure your case keeps moving forward by preparing comprehensive responses, maintaining communication with authorities, and providing guidance every step of the way.
Your Peace of Mind
Working with the Embassies and NVC on Your Behalf
Rather than navigating this complex process alone, working with an experienced immigration attorney provides invaluable peace of mind.
We'll ensure all submissions are properly completed, responses are thorough, and no important details fall through the cracks. With our legal team on your side, you can relax knowing your consular case is being handled with professionalism and meticulous attention to detail every step of the way. The journey to a new life in the United States for you or your loved one deserves a smooth, worry-free experience.
