Articles Posted in National Visa Center

Welcome back to Immigration Lawyer Blog! In this video, attorney Jacob Sapochnick discusses what you can expect after filing Form I-130 Petition for Alien Relative, used by U.S. Citizens or Legal Permanent Residents (LPRs) to lawfully immigrate a qualifying relative to the United States, and how long it is taking for the U.S. Citizenship and Immigration Services (USCIS) to process these applications.

Want to know more? Just keep on watching.


Overview


The first step of the process to immigrate a foreign national involves the filing of Form I-130 Petition for Alien Relative. This application forms the basis of the foreign national’s eligibility to apply for a green card, based upon what is known as a qualifying family relationship. Not all family members may qualify.

If you are a U.S. citizen, you may file Form I-130 only for your eligible relatives. This includes your spouse, your children, your siblings, and your parents. If you are a permanent resident, you can petition for your spouse and any child under the age of 21.


What happens after filing Form I-130?


Once you have filed Form I-130 Petition for Alien Relative either by mail or online, you will receive a receipt notice in the mail known as Form I-797C Notice of Action. This notice will serve as proof that your application was received and properly filed with USCIS. The Notice will also include your Form I-130 receipt number where you can track the progress of your case online, and the date the case was received by USCIS also known as the priority date.

If you have filed Form I-130 by mail, you will receive the Notice of Action approximately 1-2 weeks after mailing the application. If you filed Form I-130 online, the Notice of Action will appear in your USCIS online account portal approximately 1 week after submission.

If you fail to include the correct filing fees with your application or your application is deficient in any other way, your case may be rejected and sent back to you. In such case, you would not receive a Notice of Action, and instead would receive a rejection notice along with your package being returned to you. Therefore, it is very important for applicants to review the Form I-130 instructions very carefully and provide all necessary fees and documentation with the filing. Failure to do so can result in the rejection of your case. If your case has been rejected, you are allowed to re-file your application with USCIS having corrected the mistake.

Thereafter, if any additional documentation is missing from your application, or if USCIS needs further information to process your Form I-130, they will issue a Request for Evidence (RFE) outlining the documentation and/or information they need from you to continue processing your case. Requests for Evidence (RFE) are sent by mail and include the deadline for responding to the Request for Evidence in the Notice. When an RFE is issued, the case is halted until you respond to the request. For this reason, it is important to respond in a timely manner and no later than the deadline indicated in the notice. Remember, the longer you delay in responding to an RFE, the more time it will take for your case to be adjudicated.

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Welcome back to Immigration Lawyer Blog! In this video, attorney Jacob Sapochnick discusses a hot topic in the world of immigration, why is the National Visa Center taking such a long time to process cases? What are some predictions on the status of visa processing in the future? If you are interested in receiving more information about the National Visa Center, or if your case is stuck at the National Visa Center, this is the right video is for you.


Overview


In this video, we will discuss the National Visa Center February backlog report, which contains important statistics and data that has been provided by the Department of State to provide transparency to the public. The Coronavirus pandemic has caused an enormous backlog at Embassies worldwide, which are expected to continue for months to come. Please note that the National Visa Center backlog report changes on a regular basis, and often the information released can become easily outdated as the NVC works to move these cases through the pipeline.

In addition, this data is specific to cases that have been processed by National Visa Center and that have been determined to be “documentarily complete.”  It does not reflect Immigrant Visa cases that have already been transferred to an embassy or consulate for interview, cases that are still with USCIS for petition approval, or cases that are not considered documentarily complete.


First let’s discuss, what is the National Visa Center?


The National Visa Center (NVC) is a government agency that is responsible for the pre-processing of all immigrant visa petitions approved by the United States Citizenship and Immigration Services (USCIS) including family sponsored and employment-based immigrant petitions of foreign nationals residing overseas. The National Visa Center serves as an intermediary between USCIS, where the immigrant visa petition was first approved, and the U.S. Consulate, where the foreign national will eventually undergo their immigrant visa interview.

Once the immigrant visa petition has been approved by USCIS, the application is then forwarded to the National Visa Center located in Portsmouth, New Hampshire, where it will be pre-processed and retained until the immigrant visa application is ready to be adjudicated at the foreign national’s closest U.S. Consulate or Embassy. It takes approximately 30-60 days for an immigrant visa application to be transferred from USCIS to the National Visa Center. The National Visa Center recommends that an applicant wait at least 90 days from the date of the immigrant petition’s approval before calling to confirm the receipt of an application. Remember that an immigrant visa will not be scheduled for an interview, until the applicant’s priority date becomes current on the Visa Bulletin. Certain categories of immigrants are not subject to numerical limitations, while many others are.


How long will the NVC take to process my case?


After you have submitted all of your required documentation to the National Visa Center, paid the visa fees, and uploaded all of the necessary documents to your Consular Electronic Application Center (CEAC) portal, it can take anywhere from 3 to 6 months for the National Visa Center to review your documentation and determine that your case is “documentarily complete.”

If you have submitted all documentation as required by the National Visa Center, you will receive an email which states the following:

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick shares a new update from the Department of State that was recently provided to the American Immigration Lawyers Association (AILA) Liaison Committee regarding the movement of family sponsored categories on the Visa Bulletin. This information was not previously shared on the “Chats with Charlie,” monthly broadcast with Charlie Oppenheim, the Chief of the Immigrant Visa Control and Reporting Division at the Department of State. Additionally, we share new updates regarding employment-based sponsorship, the current retrogressions in the EB-3 category, as well as Diversity Visa lottery updates following recent developments in the judicial system.

Want to know more? Just keep on watching!


Overview


What’s the latest news with respect to immigrant visa numbers?

U.S. immigration laws limit the number of immigrants that can be admitted to the United States each year. The annual numerical immigrant visa limits are based on complex formulas and are subdivided among several preference categories and country “caps.” To illustrate, the annual limit for family-sponsored petitions is 480,000, which includes visas for immediate relatives, while 140,000 visas are allocated for employment-based immigrants. Unused family preference visas from the preceding years are added to employment-based visa numbers to maximize number use.

We have learned that employment-based visa numbers for fiscal year 2022 are expected to be 290,000 – an all-time high. As of today, the pending demand experienced by both the State Department and USCIS in the employment third preference category, for applicants born in India and China, will already exceed the amount of numbers that are available to applicants from those countries throughout fiscal year 2022 in the third preference category. In comparison, in fiscal year 2021, only 9,000 employment-based visas in the third preference category went unused. In fiscal year 2022, there may be close to 85,000 unused employment-based immigrant visas.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick talks about which U.S. Embassies and Consulates overseas are scheduling visa interviews during the limited operational capacity resulting from the global COVID-19 pandemic. As a bonus, in this video, we will also help you understand the role of the National Visa Center in preparing your case for transfer to a Consular post abroad and interview scheduling.

Want to know more? Just keep on watching.


Overview


What is the role of the National Visa Center in your immigration journey?

The National Visa Center is an extremely important agency that acts as a middleman between USCIS and the Consular post or Embassy where your visa interview will eventually be scheduled.

After U.S. Citizenship and Immigration Services (USCIS) approves your immigrant visa petition, USCIS forwards your petition to the National Visa Center (NVC) located in Portsmouth, New Hampshire to prepare the case for immigrant visa pre-processing. Once your case is received by the National Visa Center, the agency will contact you to collect your visa application, visa fees, and additional supporting documentation known as civil documents. All visa fees and supporting documentation is submitted online via the Consular Electronic Application Center webpage (CEAC). 

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick shares information about the current status of U.S. visa services at Consulates and Embassies worldwide by country for the month of August 2021. We would also like to say that our thoughts and prayers are with the people of Afghanistan who are facing extremely difficult circumstances in their country. Our office represents several immigrant visa applicants in Afghanistan and are doing everything we can to help reunite visa applicants with their loved ones in the United States.

In this blog post we will run through what we know regarding the operating status of Consulates and Embassies all over the world starting with Kabul, Afghanistan.

Keep on watching to find out more.


Overview


U.S. Consulate Kabul, Afghanistan

Due to ongoing political unrest and security threats in Kabul, Afghanistan, the U.S. Consulate in Kabul, Afghanistan is closed to the public and operations to assist U.S. Citizens are extremely limited due to reduced staffing.

At this moment we have received information that all immigrant visa applicants who had visa interview appointments at the Consulate in Kabul or were waiting to be scheduled for an interview in Kabul, will be receiving an email with instructions on how your case will proceed. Your case may be moved to a different overseas post, or you may receive instructions to complete the repatriation assistance form (details below).

As we all know, the security situation in Kabul is evolving on a daily basis. The Consulate has advised U.S. citizens seeking assistance to depart the country to complete the Repatriation Assistance Request for each traveler in their group. Spouses and minor children of U.S. citizens in Afghanistan who are awaiting immigrant visas are encouraged to complete this form as soon as possible if they wish to depart. The Repatriation Request form should only be used once to avoid delays. You must complete this form even if you’ve previously submitted your information to the U.S. Embassy in Kabul by another means. This form is the only way to communicate interest in flight options. The Consulate will notify you directly by email based on your registration as soon as departure options become available.

Eligibility Requirements:

  1. U.S. Citizenship:  The U.S. Embassy will prioritize U.S. citizens for any charter flights.   U.S. citizens with a non-citizen spouse or unmarried children (under age 21) may include their family members in their repatriation assistance requests but should indicate each family member’s citizenship and whether each has a valid passport and/or a U.S. visa.

If you are a non-U.S. citizen parent of a U.S. citizen minor, indicate whether you have appropriate travel documentation to enter the United States (i.e. valid U.S. visa). If you do not have appropriate travel documentation, please identify an individual who currently has valid travel documentation who could accompany your U.S. citizen minor.

U.S. lawful permanent residents may submit a repatriation assistance request, and their request will be considered depending on availability.

  1. Flight Costs: Repatriation flights are not free, and passengers will be required to sign a promissory loan agreement and may not be eligible to renew their U.S. passports until the loan is repaid.  The cost may be $2,000USD or more per person.
  2. Travel Documents:  All passengers should have valid travel documents required for entry into the United States (e.g. U.S. passports or visas)

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick shares his immigration tips for resolving issues with cases that are currently pending at Consular posts overseas, and shares what you can expect if your case is placed in administrative processing following your interview.

Want to know how you can contact your Consular post and what to say?

Keep on watching to find out more.


Overview


Do you have an immigration case that is stuck in the backlogs caused by COVID-19? In this video we share with you how you can contact your Consular post when you have a problem with your case, and what you should expect when you have been placed in administrative processing. We hope that these tips will help you gain more insight to help you understand what you can do during these difficult processing delays. If you would like further assistance with the processing of your case, or if you have any other immigration questions, do not hesitate to contact us to schedule a consultation by texting 619-483-4549 or calling 619-819-9204. We look forward to working with you. 


Contacting your Consular post 


If your case is sitting at a U.S. Embassy or Consular post overseas, or if is about to be shipped to a Consular post overseas by the National Visa Center (NVC), you should first contact your Consular post directly to confirm whether your case has been received and the status of appointment scheduling for your particular visa type. Most Consular posts have dedicated staff who are responsible for managing and answering inquiries made by e-mail. It is important to note however that response times vary widely due to the overwhelming number of inquiries that are being made by e-mail on a day-to-day basis. It is very important to have patience throughout this process and be proactive about your case.

You should only contact the Consular post directly if your case has been received by the post directly from the NVC or if it is in the process of being transferred. If your case is still at the NVC, the Consulate will not be able to help you.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the August 2021 Visa Bulletin and goes over Charlie Oppenheim’s predictions for movement and retrogression in the family based and employment sponsored categories for August and September 2021.

Keep on watching to find out more!


Overview


What is the Visa Bulletin?


Every month, the Department of State publishes the Visa Bulletin which contains important information regarding immigrant visa availability for family based and employment sponsored preference categories. The Visa Bulletin indicates when statutorily limited visas are available for issuance to prospective immigrants based on their individual priority date and preference category.

Essentially, the Visa Bulletin governs the availability of visas and outlines limitations. By statute, the government imposes an annual minimum family-sponsored preference limit of 226,000 immigrant visas (visa quota).  The worldwide level for annual employment-based preference immigrants is at least 140,000 immigrant visas.


In what order are visas issued?


Family-sponsored and employment-based preference immigrant visas are issued to eligible immigrants in the order in which a petition on behalf of each has been filed (priority date).

Spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the National Visa Center (NVC) immigrant visa backlog and current NVC processing times in the month of June. Stay tuned for updates on the Department of State’s plan to reopen Embassies and Consulates worldwide, and information on how Consular posts will be prioritizing visa issuance in the next few months for F-1 students, H-1B workers, H-4 spouses, and J-1 Workers.

Want to know more? Keep on watching for all the details.


Overview


The National Visa Center’s Backlog

As many of you know, last year the Department of State made the difficult decision to temporarily suspend routine visa services at U.S. Embassies and Consular posts worldwide to prevent the rapid spread of the Coronavirus. The suspension was necessary to adhere to local regulations such as the mandatory quarantines and social distancing required to contain the virus. Although Embassies and Consulates are now following a phased resumption of visa services framework, limited resources and local country conditions in some regions have prevented Consular posts from providing routine visa services as before. Most Consular sections are not operating at normal capacity, and are prioritizing visa appointments for emergencies, mission critical visa services, and immediate relatives of U.S. Citizens including K fiancé(e)s.

On February 2, 2021, President Biden issued Executive Order, “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans,” which was designed to promote integration and inclusion for foreign born immigrants, including the dismantling of harmful anti-immigrant policies.

Despite the issuance of this Executive Order, Embassies and Consulates have not been able to return to normalcy and routine visa services have remained suspended. Consular officials are still refusing to issue visas for individuals that remain in the lower tier of immigrant visa prioritization, including family preference, employment preference, and diversity immigrant visa applicants. This has prompted hundreds of individuals to join numerous class action lawsuits to force the government to intervene.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick provides an important update from the National Visa Center regarding immigrant visa processing times, the status of Embassies and Consulates reopening, and expedite request information for immigrant visas.

The information provided in this video is based on the minutes of a meeting that took place between the American Immigration Lawyers Association (AILA) and the National Visa Center (NVC). In this meeting the NVC answered many of your burning questions regarding the resumption of visa services at U.S. Consulates and Embassies worldwide, current immigrant visa processing times, and expedite request information.

Want to know more? Just keep on watching.


NVC & AILA Questions and Answers on Consular Processing  


What has the NVC responded regarding Consular Processing at Embassies and Consular posts worldwide? How will NVC handle cases that are documentarily qualified? In what order will applicants be scheduled for immigrants?

Check out the Q & A below to find out.

Q: What is the volume of immigrant visa cases currently being processed at NVC?

A: During FY 2020, NVC reviewed and processed 77,000 cases per month.

Q: What was the number of non-immigrant K-1 visas processed on a monthly basis at the NVC in FY 2020?

A: Every month the NVC processed 2,500 K-1 visas during fiscal year 2020.

Q: Of all cases processed at the NVC how many applications are represented by attorneys?

A: 25% of all cases at the NVC are represented by attorneys

Q: How is the NVC handling cases that are documentarily qualified but unable to move forward due to U.S. Embassies and Consular posts that have not yet resumed normal processing?

A: The NVC is continuing to schedule cases only for posts able to conduct interviews.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick answers a hot topic that has been frequently asked by our followers: what are the top reasons for CR/IR-1 immigrant visa denials and what can you do about it.

Want to know more? Keep on watching for more information.


Overview


What is a CR-1/IR-1 visa?

A CR-1 or IR-1 visa is an immigrant visa for a spouse of a United States Citizen who is residing abroad. The term “CR” in CR-1 stands for “conditional resident” and is issued to foreign spouses who have been married for less than 2 years. By contrast the term “IR” in IR-1 stands for “immediate relative” and is issued to foreign spouses who have been married for more than 2 years. Those who receive a CR-1 visa will eventually receive a 2-year conditional green card after entering the United States, while those who receive an IR-1 visa will receive a 10-year green card (without condition).

The first step to apply for a CR-1/IR-1 visa is for the U.S. Citizen spouse to file a Petition for Alien Relative, Form I-130, with the U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign spouse. This petition initiates the immigration process to the United States. Once Form I-130 is approved by USCIS, the petition is transferred to the National Visa Center for pre-processing. At the National Visa Center stage, the applicant must complete the immigrant visa application and provide civil documentation. After sending all required documents to the National Visa Center, the NVC will forward the case to the U.S. Embassy near the foreign spouse and the applicant will wait to be scheduled for an Embassy interview. The Embassy interview is often a make it or break moment for couples who must prove that they have a “bona fide” marriage to be approved for their visa.


What are the top reasons for CR/IR-1 denials?


#1 Not meeting the income requirement for the affidavit of support

The number one reason for spousal visa denials is failing to meet the income requirement for the affidavit of support. As part of the spousal visa application process, the U.S. Citizen spouse must sign the I-864 Affidavit of Support, which is a legally enforceable contract between the U.S. Citizen and the government wherein the U.S. Citizen must sign under penalty of perjury that they have the adequate means to financial support the alien and the alien will not rely on the U.S. government for financial support.

What is the income requirement?

The minimum amount that the U.S. Citizen must make depends on his or her household size. In general, petitioners must make at least 125% of the federal poverty guidelines. However, exceptions exist for petitioners who are on active duty in the U.S. armed forces. Petitioners who do not satisfy the income requirement must apply with a joint sponsor, who must also sign a separate I-864 Affidavit of Support and provide evidence of financial ability. If the petitioner and joint sponsor do not qualify, the spousal visa application will be denied.

To prevent this situation from happening petitioners must make sure well in advance of filing the I-130 application, that they either meet the income requirement, or that they can obtain a joint sponsor who is willing and able to sign the affidavit of support and provide the necessary documentation.

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