Consular Processing 2-3-2005

CONSULAR PROCESSING GUIDE
REV2-5-2005
Franklin A. Blanco
Polatsek, Counsellors at Law

This guide is for general information only and it is not designed to be followed by our clients entirely on their own. It is, nonetheless, a comprehensive list that should be read carefully and consulted when instructions given by an attorney or paralegal may escape a client’s memory. This guide, however, be used as a check list for documents. Please pay particular attention to the list and explanations of all vital records and documents such as birth and marriage certificates, divorce decree, police certificate as well as prison/court records and military certificates.

The general documents for an immigrant visa applicant and accompanying spouse and/or children, in summary are:

–Consular Forms (see item 10)
–Passport (see item 16)
–Birth certificate (see items 24 to 28 and 40-41)
–Unobtainable birth certificates (see item 28)
–Marriage certificate (see item 23 and 40-41)
–Evidence of termination of prior marriages (see items 20 to 31 and 40-41)
–Police certificates (see item 19 and 40-41)
–Prison and Court Record (see item 21 and 40-41)
–Military record (see item 22 and 40-41)
–Unobtainable documents (see item 40)
–Translations (see item 38)
–Evidence of support (see items 11, 33 to 35)
–Notarized Job letter (see item 34 and 35
–Affidavit of support (see 11)
–U.S. Tax returns (see 32 and 33)
–Medical Examination (see item 17)
–Photos (see item 18)
–Evidence of lawful stay in the USA (see item 36)
–Visa issuance fee (see 12)

The items contained in the above list are more thoroughly explained below and we strongly encourage the reader to thoroughly read the explanations contained herein.

1. OVERVIEW

Once the USCIS (Immigration) has approved the relevant I-130 Family-Based Immigrant Visa Petition or I-140 Employment-Based Immigrant visa petition (or other special kind of immigrant visa petition), it will forward the same to the National Visa Center (NVC) in Portsmouth, New Hampshire for further processing. While there are other petitions based upon which an alien can secure permanent residence, this writing addresses the most common petitions: the I-130 family-based and the I-140 employment-based petitions.

After the approval of the petition, the beneficiary of the I-130 family-based immigrant visa petition is referred to as the “principal” immigrant visa applicant in any further process at the NVC or consulate. The visa applicant’s spouse and/or children may likewise become “derivative” immigrant visa applicants in most cases (FB-1, FB-2, FB-3, FB-4) and will be able to secure immigrant visas at the same time as the principal applicant; whereas in the case of aliens classified as “immediate relatives of U.S. citizens”, the spouse and/or children will not be able to become derivative immigrant visa applicants and secure immigrant visas.

After the approval of the petition, the beneficiary of the I-140 employment-based immigrant visa petition likewise is referred to as the principal immigrant visa applicant in any further process at the NVC or consulate. Such beneficiary of such I-140 immigrant visa petition is also referred to the “principal” immigrant visa applicant and his/her spouse and/or minor and unmarried children, who may also secure immigrant visas, are known as “derivative” immigrant visa applicants.

2. ROLE OF NATIONAL VISA CENTER

The Department of State, which is responsible for the issuance and control of all immigrant visas, has established an immigrant visa processing facility at the National Visa Center (NVC) in Portsmouth, NH. The NVC processes all approved immigrant visa petitions after they are received from USCIS and retains them until the cases are ready for adjudication by a consular officer abroad. Petitions may remain at NVC for several months or for many years depending on the visa category and country of birth of the visa applicant. When an applicant’s case is about to become current (a visa number is likely to be available within the year), certain forms and requests for payments of fees are sent to the visa applicant and the petition is then forwarded to the appropriate U.S. embassy or consulate overseas.

Once the approved petition has been forwarded to the NVC by USCIS, and when an applicant’s priority date is close to becoming current (the quota is open or is about to be open):

In family-based cases (I-130), the NVC will send an Affidavit of Support (I-864 form) processing fee bill to the petitioner (through the attorney ) and Address (DS-3032) form to the immigrant visa applicant (also through the attorney). Once the I-864 processing fee is paid (currently $65.00), the NVC will send the I-864 forms and instructions to the petitioner. Once NVC receives the form DS-3032 from the immigrant visa applicant, the NVC will mail the Immigrant Visa (IV) fee bill for each applicant to the attorney (currently the fee is $335.00 per applicant);

In employment-based cases (I-140), the NVC will merely send the Immigrant Visa (IV) fee bill ($335.00 per visa applicant). There is generally no Form I-864 involved in employment-based cases.

Fee Bill Paid –Receipt of Packet III

Once the IV fee bill is paid, NVC will send the Instruction Packet of forms and information to the attorney for each immigrant visa applicant. (The Instruction Packet is also known as Packet III and is composed of Forms DS-230 Part I and DS-230 Part II.) The exact contents of the Instruction Packet will depend on where the applicant will be interviewed for a visa.

Case Number

The NVC assigns a unique case number which should be included at the foot of all forms, correspondence with the NVC and later with the appropriate consulate and to check the status of the case both at the NVC and later at the consulate (case status information can be obtained telephonically, by email and, in some cases, by visiting consular websites).

Petition Forwarded to Consulate

Once the quota is open or close to be open for the applicant’s category and Packet III has been received, completed, signed and returned to the NVC and that agency has completed all necessary administrative processing of the immigrant visa application, the immigrant visa file will be sent to the designated United States Embassy or Consulate and the immigrant visa applicant will be notified by mail when this occurs. Approximately one month before an immigrant visa interview is scheduled, the visa applicant will receive (through the attorney) an appointment letter containing the date and time of the visa interview along with instructions for obtaining a medical examination.

3. ANNUAL NUMERICAL LIMITATION

In I-130 cases, a visa applicant acquires a “priority date” as of the date of filing the I-130 petition with USCIS; in I-140 cases, the visa applicant acquires a priority date as of the date of filing the I-140 petition in cases where no labor certification is required but if a labor certification is required, then the priority date is the earlier date when the labor certification was filed with the U.S. Department of Labor. Then each case is assigned a “preference category” such as FB-1, FB-2A, FB-2B, F-3, F-4 in family cases, and such as EB-1, EB-2, EB-3, EW3, EB-4 and EB-5 in employment-based cases.

If the demand for immigrant visas in a certain category for a certain country is greater than the annual numerical limitation, the Department of State establishes a “cut off date” for each country and for each category. If an alien’s priority date is earlier than the cut off date, then the quota is current (open) for such alien and if the priority date is later than the cut off date, then the quota is not current (closed) for such person and he/she cannot be scheduled for an immigrant visa interview at a U.S. Consulate.

4. INFORMATION ABOUT THE ANNUAL NUMERICAL LIMITATION (QUOTA)

The Department of State also maintains a website where it posts the “Visa Bulletin” for each month which indicates what employment or family-based categories are “current” (open) and which categories have a cut off date (quota closed for applicants whose filing date is on or after the cut off date indicated). Please note that a visa applicant is generally “charged” to the quota of his/her country of birth and not the country of nationality. For family-based petitions, the rule is almost always the same with minor exceptions. Therefore, for example, persons who were born in India but are now citizens of , for example, Canada, will have to follow the employment-based quota for INDIA and not Canada.

The site is located at:

http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

Consulting the Visa Bulletin from time to time is an excellent way for applicants for certain categories and from certain countries to keep abreast of the progress or advancement of the quota (for employment-based categories, the most affected countries are India, China and the Philippines). For family-based categories, applicants from all countries are affected (except those classified as “immediate relatives” of U.S. citizens who are outside the quota system.

5. NVC CASE STATUS SYSTEM

The NVC has an automated recorded message system that can answer inquiries 24 hours a day, seven days a week (603 334-0700). Operators are available to respond to more difficult inquiries from 7:30 AM to 8:45 PM (EST) Monday through Friday. Status of case information and access to an operator can only be provided by entering your NVC case number (if one has already been assigned) or USCIS case number (found on the notice of petition approval) on a touch-tone telephone. NVC only has information on petitions it has received from USCIS. If the NVC automated service does not recognize the USCIS file or receipt numbers you entered, most likely the NVC has not yet received the approved petition. In addition, there is an email inquiry system which can be accessed by writing to NVCA@state.gov.

Written inquiries, changes of address and requests to upgrade petitions due to naturalization of the petitioner should be sent to: The National Visa Center, 32 Rochester Avenue, Portsmouth NH, 03801-2909.

Please note that NVC is not open to the public.

The page for the NVC at the Department of State site can be found at:

http://travel.state.gov/visa/immigrants/types/types_1309.html

6. WEBSITE INFORMATION ON HOW TO SECURE DOCUMENTS FROM MOST FOREIGN COUNTRIES

The Department of State provides comprehensive information on how to secure documents such as birth, marriage, police certificate, military records, etc. at the following website (Visa Reciprocity and Country Documents Finder):

http://travel.state.gov/visa/reciprocity/ReciprocityWeb/index.htm

7. WEBSITE INFORMATION ON U.S. EMBASSIES/CONSULATES ABROAD

The Department of State maintains a list of the websites for most U.S. Embassies and Consulates throughout the world. Please note that the majority of immigrant visa cases are sent to Consulates and not to Embassies but even if the case is sent to an Embassy location, the immigrant visa section is always a part of the consular section of the Embassy. The visa applicant should check the appropriate website of the consulate where his/her case will be is being processed for last minute information concerning procedures. Some consulates post the expected month of interview by listing the case number assigned by the NVC (the case number is listed in Packet III and other communication between the NVC and the applicant). The site is:

http://usembassy.state.gov/

http://travel.state.gov/travel/tips/embassies/embassies_1214.html

8. DOCUMENT REQUIREMENTS

Each immigrant visa applicant should obtain the original documents or certified copies from an appropriate authority (the issuing entity) for him/herself and each family member who will accompany him/her to the United States.

9. SUBMISSION OF THE REQUIRED DOCUMENTS

In most case, each immigrant visa applicant will need to bring all original documents or certified copies (and certified translations) to the consulate at the time of the visa interview but in other cases, some of the documents will be submitted earlier to the NVC.

10. CONSULAR FORMS

Form DS-230 Part I (Biographic Data)

Each immigrant visa applicant (principal, spouse and/or children) must submit, to the NVC Form DS-230 completed and signed. Each family member that is eligible to travel to the United States with the principal applicant under the visa classification is required to complete the DS-230 Part I. The DS-230 Part I is always submitted to the NVC. These forms are also known as Packet III.

Forms DS-230 Part II (Sworn Statement)

Each applicant (principal, spouse and/or children) must also submit Form DS-230, Part II to the NVC is some cases or the consulate in others. The DS-230 Part II is almost always submitted to the consulate (there are exceptions).

Forms DS-230 Parts I and II can be found at:

http://www.state.gov/documents/organization/7988.pdf

We encourage clients to review these forms to become familiar with them and the information that will be contained in such forms.

11. AFFIDAVITS OF SUPPORT FORMS

In Family-related cases:

Form I-864 Affidavit of Support by the Petitioner (and, in some cases, a joint sponsor) on behalf of the principal immigrant and his spouse and/or children, if any, immigrating with the principal, where the petitioner is a lawful permanent resident or citizen of the United States who is petitioning a family member (I-130 cases). The NVC will charge a $65.00 as the I-864 processing fee. The I-864 (and supporting financial documentation) is submitted to the NVC and not to the consulate.

In employment-related cases:

Form I-134 Affidavit of Support executed by the principal applicant on behalf of the spouse and each child immigrating with you where the principal immigrant is being petitioned by an employer (I-140 cases). Please note that this affidavit is necessary only when the principal alien beneficiary of an I-140 immigrant visa by an employer in the USA, has a spouse and/or children and they are immigrating to the USA with the principal alien beneficiary. In such a case, the principal alien is the one who executes the affidavit of support on behalf of the spouse and/or children. There is no processing fee for any Form I-134 and no I-134 affidavit of support is ever submitted to the NVC; instead, such affidavit(s) of support is/are brought to the consulate at the time of the interview.

12. IMMIGRANT VISA ISSUANCE FEE

Each visa applicant must each pay $335.00 to the NVC by means of a money order or cashier’s check payable to Department of State. Each visa applicant should pay by individual money orders and each such money order should include the name of the visa applicant and the NVC case number. Only those applicants who are immigrating to the USA will pay such immigrant visa issuance fee.

Generally, the immigrant visa fee is paid when the NVC sends the immigrant visa fee bill (a pre-printed and bar-coded statement containing the name of the applicant, the case number and the amount to be paid.)

Please note that the NVC may also charge other fees such as the I-864 (affidavit of support) processing fee in I-130 family-based cases. The fee for the I-864 processing is currently $65.00.

13. DEPORTATION WAIVERS AND/OR DOCUMENTATION

Applicants who have previously been deported or removed at government expense from the United States must file Form I-212 (Permission to Reapply after Deportation or Exclusion) with and have it approved by USCIS before being issued an immigrant visa.

Other applicants who have been in removal proceedings and who were granted voluntary departure by an Immigration Judge and who departed the USA as ordered by the Judge (thus avoiding deportation), should present all documentation concerning such proceedings, especially the Order of Voluntary Departure and evidence of timely departure as per such order.

14. THE 3/10 YEAR BAR AND WAIVER APPLICATIONS

Generally, persons who entered the USA unlawfully or those who entered lawfully but allowed their authorized stay to expire (as indicated on Form I-94 [arrival/departure record]), may be subject to what is known as the 3 or 10-year bar. The 3-year bar applies when a person has accrued 180 days but less than one year of “unlawful presence” in the USA and departs the USA while in unlawful status. The 10-year bar applies when a person has accrued one year or more of “unlawful presence” in the USA and departs the USA while in unlawful status. If a person somehow is able to become a lawful permanent resident while in the USA without departing (under special laws), then such person will not trigger the operation of the 3/10-year bar because he/she is no longer “unlawfully present” in the USA and when he/she next travels outside the USA, he/she will not be departing the USA while in unlawful status.

While the 3/10 year bar seems simple and straightforward, issues involved in determining exactly what constitutes “unlawful presence” often make it more complicated to understand.

Section 212(a)(9)(B)(ii) of the Immigration and Nationality Act defines “unlawful presence” as presence in the United States after the expiration of the period of stay authorized by [USCIS] or [presence] in the United States without being admitted or paroled (sneaking into the country illegally).

USCIS has not issued regulations to define the concept and there are only memoranda on the issue; these memoranda state that a person begins accruing “unlawful presence” when he/she remains in the USA beyond the expiration date of his/her I-94. Unlawful presence can also be accrued if, in deportation proceedings, the immigration judge determines that there has been a status violation.

Those aliens who entered the USA in certain categories and who do not have a date of expiration on their I-94, but are instead admitted for the duration of status or D/S (primarily students), do not accrue ‘unlawful presence” until USCIS rules that they have violated their status.

An alien who was formally admitted to the USA and timely files an application to extend or change his/her status is given a grace period following the date on the I-94 during which no “unlawful presence” will accrue.

The 3/10-year bar does not apply to aliens who are under 18 years of age as they will not accrue “unlawful presence” until they reach 18. It also does not apply to aliens with a bona fide pending asylum application and to aliens with pending application for adjustment of status or aliens in temporary protected status, and aliens under a grant of deferred enforced departure. Having filed any such application will place the applicant in lawful status and will remain in the USA in such lawful status even after the I-94 has expired. Please note, however, that if a person did accrue 180 days or more of unlawful presence before filing any of the above-mentioned applications, such person is subject to the 3/10-year bar and will trigger its operation by traveling outside the USA before becoming a lawful permanent resident.

If the bar applies, an immigrant visa will not be issued, unless the visa applicant is eligible to apply for and is granted a waiver by USCIS. This waiver is not available to many people and even if a person can apply for waiver (because he has certain lawful permanent resident or citizen relatives), the waiver may be denied.

15. OTHER WAIVERS

If a visa applicant has been convicted of certain crimes, or has committed fraud in securing a visa or other immigration benefit or is or has been a members of certain organizations, or is afflicted with a contagious disease or has certain mental or emotional conditions, he/she may not be eligible for an immigrant visa, unless he/she has secured a waiver. This waiver is not available to many people and even if a person can apply for waiver (because he/she has certain lawful permanent resident or citizen relatives), the waiver may be denied.

16. PASSPORT

As most immigrants (except those listed below) must be in possession of a passport which is valid for at 60 days of arrival to the USA, this means that most applicants for an immigrant visa should present a passport which is valid or at least 60 days beyond the period of validity of the visa.

As an immigrant visa is generally valid for six months, this means that the passport must generally be valid for a period of (8) eight months after the issuance of the visa. There are exceptions to the general rule for family-related cases and under other narrow circumstances. But a visa applicant should never assume that they need not get a passport or that the passport need not be valid for 8 months after the issuance of the immigrant visa. They should secure the passport with the standard validity period and only under rare circumstances should they rely on the discretion of the consulate.

In appropriate cases, when the validity period of a passport is less than 8 months, the consulate may issue an immigrant visa which is shorter than six months to allow the visa holder to arrive to the USA when his/her passport still valid for 60 days after arrival to the USA. Example, if the passport is valid for six months, then the visa applicant will be issued a visa valid for four months.

The regulations provide, in part, that the following persons (among other groups) need not present a passport to apply for and be issued an immigrant visa nor to enter the USA:

(1)An alien who is the spouse, unmarried son or daughter, or parent, of a U.S. citizen. (2) An alien who is the spouse, unmarried son or daughter, or parent of an alien lawfully admitted for permanent residence. (3) An alien who is a national of a Communist-controlled country and who is unable to obtain a passport from the government of that country, and accompanying spouse and unmarried son or daughter. (4) An alien who is a stateless person, and accompanying spouse and unmarried son or daughter. (5) An alien unable to obtain a passport and not within any of the foregoing categories, in whose case the passport requirement has been waived by USCIS and the Secretary of State.

These persons need not have a passport to apply for an immigrant visa nor to enter the USA except if the applicant is applying for a visa in the country of which he/she is a national and the authorities of that country require the visa applicant to have a passport to leave the country.

The 60-day additional validity requirement does not apply to an applicant who would be excepted from the passport requirement (listed above) except for the fact that the applicant is applying in the country of which the applicant is a national and the authorities of that country require the visa applicant to have a passport to leave the country. Such an applicant may be issued a visa valid for 6 months or for such shorter period as will assure its expiration in unison with the passport. This means that if the passport is valid for three months, then the visa will be valid for three months.

Please note that although certain individuals may not be required to present a passport to secure an immigrant visa, it is highly recommended that all visa applicants have passports as they are used to establish the identity of the visa applicant and later, when such visa applicant is admitted to the USA, the USCIS will place a red ADIT stamp (temporary evidence of permanent residence) in the passport which will be used to secure a social security number, driver’s license, seek employment and travel outside the USA. Nowadays, a person without positive identification (government-issued document with a photo) will encounter numerous obstacles in the USA.

Children may be included on a parent’s passport, if such inclusion is authorized under the laws or regulations of the issuing authority and if a photograph of each person 16 years of age or over is attached to the passport by the issuing authority.

17. MEDICAL EXAMINATION

Each immigrant visa applicant must undergo a medical examination by a Panel Physician appointed by the U.S. Consulate. Instructions and forms for such medical examination will be provided by the U.S. Consul when an immigrant visa interview is scheduled. No medical examination can be conducted in the United States for consular interviews abroad. Medical grounds of inadmissibility is a term used when an applicant has a health condition which is a public health concern to the United States. Under the U.S. immigration laws, the medical grounds of inadmissibility are divided into four categories: 1. communicable disease of public health significance; 2. lack of required vaccinations; 3. physical or mental disorders with harmful behavior; and 4. drug abuse/drug addiction.

Most communicable diseases are easily treatable. If the medical tests are positive for a communicable disease, the Civil Surgeon will recommend a course of treatment.

Please note that an immigrant visa will not be issued to persons with a communicable disease of public health significance. These currently include: severe acute respiratory syndrome (SARS); tuberculosis; human immunodeficiency virus (HIV) infection; syphilis (infectious state); chancroid (similar to syphilis and herpes); gonorrhea; granuloma inguinale (donovanosis) ; lymphogranuloma venereum (chlamydia); and Hansen’s disease (leprosy) but may also include those that are vaccine preventable diseases, while they are active and contagious, such as mumps; measles; rubella; polio; tetanus and diphtheria toxoids; pertussis; influenza type B; and hepatitis B. A disease categorized as a class A Medical Condition will result in a denial of an immigrant visa, unless a waiver is secured (not available to all); a Class B condition, however, will not result in a denial of an immigrant visa (and no special waiver is required) but will require further follow up in the USA.

Class A Medical Condition

A “Class A Medical Condition” is one that renders an alien inadmissible (not eligible for the issuance of an immigrant) to the United States unless the applicant is eligible for a waiver. Among these conditions are:

A communicable disease of public health significance. This currently includes any of the following diseases: (1) Chancroid, (2) Gonorrhea (3) Granuloma inguinale, (4) Human immunodeficiency virus (HIV) infection, (5) Hansen’s Disease(Leprosy), infectious, (6) Lymphogranuloma venereum, (7) Syphilis, infectious stage, (8) Tuberculosis, active and (9) Severe Acute Respiratory Syndrome (SARS).

The list also include (1) a current physical or mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others; (2) a history of a physical or mental disorder and behavior associated with the disorder, which behavior has posed a threat to the property, safety, or welfare of the alien or others and which behavior is likely to recur or lead to other harmful behavior; as well as (3) drug abuse or addiction.

Class B Medical condition

A “Class B Medical Condition” is one that, although not constituting an excludable condition (that means that an immigrant will be issued), is one consisting of a physical or mental abnormality, disease, or disability serious in degree or permanent in nature amounting to a substantial departure from normal well being and that is significant enough to possibly: (a) Interfere with the applicant’s ability to care for himself or herself, or to attend school or work, or (b) Require extensive medical treatment or institutionalization in the future. Inactive tuberculosis is a Class B condition. Please note that even when a person does not have to apply for a waiver when he/she has a Class B condition or is eligible for a medical waiver if he/she has a Class A condition, another issue will arise such as consideration as to whether or not such person is likely to become a “public charge” (support and medical care provided by the government) which is yet a separate and distinct ground for visa ineligibility.

In order to detect and treat the above medical conditions, each visa applicant will be required to undergo a general physical examination applicants (to include complete disrobing), a mental status evaluation as well as a tuberculin (TB) skin test. All applicants 2 years of age and older are required to have a tuberculin skin test.. If the skin test is reactive, the Panel Physician will also perform an x-ray examination of the lungs to rule out TB infection or disease.

All applicants 15 years of age or older must also have a serologic (blood) test for HIV and for syphilis. Applicants under age 15 can be tested for HIV or syphilis if there is reason to suspect the possibility of infection.

Most applicants need to show that they are current with all vaccinations recommended by US public health officials. If the visa applicant has not had or cannot prove prior vaccinations, the Panel Physician will administer all missing and required vaccinations. Panel physicians who conduct medical examinations of immigrant visa applicants are now required to verify that immigrant visa applicants have met the new vaccination requirement, or that it is medically inappropriate for the visa applicant to receive one or more of the listed vaccinations: mumps; measles; rubella; polio; tetanus and diphtheria toxoids; pertussis; influenza type b (Hib); hepatitis B; varicella; pneumococcal; and influenza.

In order to assist the Panel Physician, and to avoid delays in the processing of an immigrant visa, all immigrant visa applicants should have their vaccination records available for the panel physician’s review at the time of the immigrant medical examination. Visa applicants should consult with their regular health care provider to obtain a copy of their immunization record, if one is available. If a visa applicant does not have a vaccination record, the panel physician will work with him/her to determine which vaccinations he/she may need to meet the requirement. Certain waivers of the vaccination requirement are available upon the recommendation of the Panel Physician. Only a physician can determine which of the listed vaccinations are medically appropriate for the applicant, given his/her age, medical history and current medical condition.

Medical Waiver

If an applicant is found to have a Class A Medical Condition, he will have to apply for a medical waiver, if there is one available to him/her. A grant of a medical waiver will permit an applicant to be allowed into, or remain in the United States despite having a health condition identified as medical grounds of inadmissibility. Different terms and conditions can be applied to a medical waiver on a case by case basis. A visa applicant is eligible to apply for a waiver if: (1) the applicant is the spouse or unmarried son or daughter or the minor, unmarried adopted child of a U.S. citizen or LPR; or (2) the applicant has a son or daughter or lawfully adopted child who is a U.S. citizen or lawful permanent resident; or (3) the applicant is eligible for classification as a self-petitioning spouse or child (including derivative children) because of abuse.

The USCIS office considering any waiver may require, in some cases, that the alien or his or her sponsoring family member submit an assurance that the alien will comply with any special travel requirements as may be specified by the U.S. Public Health Service and that, upon the admission of the alien into the United States, he or she will proceed directly to the facility or specialist specified for the initial evaluation, and will submit to such further examinations or treatment as may be required, whether in an outpatient, inpatient, or other status. The alien, his or her sponsoring family member, or other responsible person shall provide such assurances or bond as may be required to assure that the necessary expenses of the alien will be met and that he or she will not become a public charge.

Unfortunately, employment-based applicants who do not have the requisite family relationship to be able to apply for a medical waiver will not be issued an immigrant visa. Please further note that even when a person is eligible for a medical waiver, another issue will arise such as consideration as to whether or not such person is likely to become a “public charge” (support and medical care provided by the government) which is yet a separate and distinct ground for visa ineligibility.

To read the Panel Physician Instructions published by the Center for Disease Control (CDC) go to:

http://www.cdc.gov/ncidod/dq/pdf/ti-alien.pdf

For the CDC Vaccination instructions

http://www.cdc.gov/ncidod/dq/pdf/TI.pdf

For the CDC Vaccine schedule

http://www.cdc.gov/ncidod/dq/pdf/Tbl2.pdf

18. PHOTOGRAPHS

Every alien shall furnish color photographs of the number and specifications prescribed by the consulate (currently all photos must be frontal view/passport style), except that, in countries where facilities for producing color photographs are unavailable as determined by the consular officer, black and white photographs may be substituted.

For photo specifications, please check the following web page

http://travel.state.gov/passport/guide/quality/quality_879.html

19. POLICE CERTIFICATES

Police certificates are required for each visa applicant aged 16 years or older. The table below shows how many police certificates are required based on where each applicant lives and has lived previously.

Present and former residents of the United States should not obtain any police certificates covering their residence in the USA. The NVC, however, will conduct a name check with the National Crime Information Center (NCIC) and IBIS and later the USCIS will later capture the applicant’s fingerprints digitally (Biometrics) upon arrival to the USA and check them against the appropriate USA and worldwide databases.

Police certificate means a certification by the police or other appropriate authorities reporting information entered in their records relating to the alien. In the case of the country of an alien’s nationality and the country of an alien’s current residence (as of the time of visa application) the term “appropriate police authorities” means those of a country, area or locality in which the alien has resided for at least one year after attaining the age of 16 or for six months, if resided in the country birth or for six months or more after attaining the age of 16 or any country where the visa applicant is currently residing for six months or more. In the case of all other countries, areas, or localities, the term “appropriate police authorities” means the authorities of any country, area, or locality in which the alien has resided for at least one year. A consular officer may require a police certificate regardless of length of residence in any country if he or she has reason to believe that a police record exists in the country, area, or locality concerned a certified copy of any existing prison record.

Note : Police certificates from certain countries are unavailable.

Please check the Country Documents website of the Department of State for availability of documents.

http://travel.state.gov/visa/reciprocity/ReciprocityWeb/index.htm

20. INTERAGENCY BORDER INSPECTION SYSTEM (IBIS) AND NATIONAL CRIME INFORMATION CENTER (NCIC) AND INTERPOL BACKGROUND AND SECURITY CHECKS

As stated elsewhere, visa applicants need to secure any police certificates from authorities in the United States as the NVC conducts a preliminary name check in the USA with the NCIC and IBIS systems, the consulate may also consul the local authorities and Interpol and later the USCIS will conduct further checks based on biometrics fingerprinting.

Interagency Border Inspection System (IBIS)

In addition to USCIS, law enforcement and regulatory personnel from 20 other federal agencies or bureaus use IBIS. Some of these agencies are the FBI, Interpol, DEA, ATF, the IRS, the Coast Guard, the FAA, Secret Service and the Animal Plant Health Inspection Service, just to name a few. Also, information from IBIS is shared with the Department of State for use by Consular Officers at U.S. Embassies and Consulates. It also provides access to the FBI’s National Crime Information Center (NCIC) and allows its users to interface with all fifty states via the National Law Enforcement Telecommunications Systems (NLETS). IBIS resides on the Treasury Enforcement Communications System (TECS) at the DHS-CBP Data Center. IBIS keeps track of information on suspect individuals, businesses, vehicles, aircraft, and vessels. IBIS terminals can also be used to access NCIC records on wanted persons, stolen vehicles, vessels or firearms, license information, criminal histories, and previous Federal inspections. The information is used to assist law enforcement and regulatory personnel.

National Crime Information Center (NCIC)

NCIC is a computerized index of criminal justice information (i.e.- criminal record history information, fugitives, stolen properties, missing persons). It is available to Federal, state, and local law enforcement and other criminal justice agencies and is operational 24 hours a day, 365 days a year.

The purpose for maintaining the NCIC system is to provide a computerized database for ready access by a criminal justice agency making an inquiry and for prompt disclosure of information in the system from other criminal justice agencies about crimes and criminals. This information assists authorized agencies in criminal justice and related law enforcement objectives, such as apprehending fugitives, locating missing persons, locating and returning stolen property, as well as in the protection of the law enforcement officers encountering the individuals described in the system.

Interpol

Interpol is the world’s largest international police organization with 182 member countries. It facilitates cross border police co-operation, and supports and assists all organizations, authorities and services whose mission is to prevent or combat international crime. Interpol operates 24 hours a day, 365 days a year and maintains several regional centers. The various regional centers provide in-depth experience of regional crime issues and co-ordinate practical counter-crime operations between countries within the region.

Electronic Biometrics

USCIS and the Department of State now use the latest in modern technology allowing for the storage of fingerprints, photographs and signature information. This will eventually eliminate the redundancy associated with recapturing information as new or subsequent applications for a service or benefit are filed. It also will allow USCIS to run background checks based on the digitally-stored fingerprints without the participation or knowledge of the individual involved.

21. PRISON AND COURT RECORDS

Applicants who have been convicted of a crime (anywhere in the world, including the USA) must obtain a certified copy of each court record and any prison record, regardless of the fact that he or she may have subsequently benefited from an amnesty, pardon or other act of clemency.

Prison record means an official document containing a report of the applicant’s record of confinement and conduct in a penal or correctional institution. This includes an official copy of any arrest record, judgment by the court or jury, setence, probation, completion of probation and complete disposition of the case (all terms of the sentence completed).

Please check the Country Documents website of the Department of State for availability of documents.

http://travel.state.gov/visa/reciprocity/ReciprocityWeb/index.htm

22. MILITARY RECORDS

Persons who have served in the military forces of any country must obtain one copy of their military record.

Military record means an official document containing a complete record of the applicant’s service and conduct while in military service, including any convictions of crime before military tribunals as distinguished from other criminal courts. A certificate of discharge from the military forces or an enrollment book belonging to the applicant shall not be acceptable in lieu of the official military record, unless it shows the alien’s complete record while in military service. The applicant may, however, be required to present for inspection such a discharge certificate or enrollment book if deemed necessary by the consular officer to establish the applicant’s eligibility to receive a visa. This applies to the spouse (male or female if served in the military) and children or step-children (male or female, if served in the military) immigrating with you.

Note : Military records from certain countries are unavailable.

Please check the Country Documents website of the Department of State for availability of documents.

http://travel.state.gov/visa/reciprocity/ReciprocityWeb/index.htm

23. MARRIAGE CERTIFICATE

Married applicants must obtain an original marriage certificate, or a certified copy, bearing the appropriate seal or stamp of the issuing authority.

A certified copy of the record of marriage means a certificate issued by the official custodian of marriage records in the country of marriage showing the name of the bride and the groom, date and place of the marriage, based upon the original registration of the marriage. Certificates of religious marriage may not be adequate unless valid for civil purposes where the marriage was celebrated. In most cases, the marriage certificate should be issued by civil authorities and not a religious entity.

24. RECORD OF BIRTH OF PRINCIPAL APPLICANT

A certified copy of an alien’s record of birth means a certificate issued by the official custodian of birth records in the country of birth showing the date and place of birth and the parentage (names of parents listed) of the alien, based upon the original registration of birth.

Please check the Country Documents website of the Department of State for availability of documents.

http://travel.state.gov/visa/reciprocity/ReciprocityWeb/index.htm

25. RECORD OF BIRTH OF SPOUSE OF PRINCIPAL APPLICANT

The birth certificate of the spouse should be submitted to the consulate even if the spouse is not immigrating, even if legally separated (but not yet divorced), and even if the spouse is a lawful permanent resident or citizen of the United States.

Please check the Country Documents website of the Department of State for availability of documents.

http://travel.state.gov/visa/reciprocity/ReciprocityWeb/index.htm

26. RECORDS OF BIRTH OF CHILDREN OF PRINCIPAL APPLICANT

The birth certificate of these children should be submitted to the consulate even if they are not immigrating and even if the children are lawful permanent residents or citizens of the United States.

A certified copy of all children who are under 21 years of age and who are unmarried and of any children who are 21or older but are immigrating with the principal applicant under the special provisions of the Child Status Protection Act.

Please check the Country Documents website of the Department of State for availability of documents.

http://travel.state.gov/visa/reciprocity/ReciprocityWeb/index.htm

27. RECORDS OF BIRTH OF CHILDREN OF SPOUSE OF PRINCIPAL APPLICANT

The birth certificate of these children should be submitted to the consulate even if the spouse is not immigrating, even if legally separated (but not yet divorced), and even if the spouse is a lawful permanent resident or citizen of the United States and even if such children are lawful permanent residents or citizens of the United States.

A certified copy of the children of the principal applicant’s spouse who are under 21 years of age and who are unmarried and of any children who are over 21 but are immigrating with the principal applicant under the special provisions of the Child Protection Act. A certified copy of an alien’s record of birth means a certificate issued by the official custodian of birth records in the country of birth showing the date and place of birth and the parentage of the alien (names of parents listed), based upon the original registration of birth.

Please check the Country Documents website of the Department of State for availability of documents.

http://travel.state.gov/visa/reciprocity/ReciprocityWeb/index.htm

28. UNOBTAINABLE BIRTH CERTIFICATES

When a birth record may not be obtainable because the birth was never officially recorded; the birth records have been destroyed; or the appropriate government authority will not issue one, then, the visa applicant should secure a certified statement from the appropriate government authority stating the reason the birth record is not available (never registered or records destroyed). With the certified statement you must submit secondary evidence. For example: a baptismal certificate that contains the date and place of birth and both parent’s names providing the baptism took place shortly after birth; an adoption decree for an adopted child, or an affidavit from a close relative, preferably the applicant’s mother, stating the date and place of birth, both parent’s names, and the mother’s maiden name.

Note : An affidavit must be executed before an official authorized to take oaths or affirmations.

29. EVIDENCE OF TERMINATION OF PRIOR MARRIAGES OF PRINCIPAL APPLICANT

Applicants who have been previously married must obtain evidence of the termination of each prior marriage. Evidence must be in the form of original documents issued by a competent authority, or certified copies bearing the appropriate seal or stamp of the issuing authority.

In cases where the marriage was terminated by the death of a spouse, a certified copy issued by the official custodian of the death records in the country of death.

Please check the Country Documents website of the Department of State for availability of documents.

http://travel.state.gov/visa/reciprocity/ReciprocityWeb/index.htm

30. EVIDENCE OF TERMINATION OF PRIOR MARRIAGES OF SPOUSE OF PRINCIPAL APPLICANT

This applies if the principal applicant is currently married to a spouse that was previously married, even if the current spouse is not immigrating with the principal applicant and even if the current spouse is a lawful permanent resident or citizen of the United States.

The spouse of a visa applicant formerly married should secure a certified copy of a divorce issued by the Court granting the divorce. In cases where the marriage was terminated by the death of a spouse, a certified copy issued by the official custodian of the death records in the country of death.

Please check the Country Documents website of the Department of State for availability of documents.

http://travel.state.gov/visa/reciprocity/ReciprocityWeb/index.htm

31. EVIDENCE OF TERMINATION OF PRIOR MARRIAGES OF CHILDREN OR STEP-CHILDREN

This applies to all children or step-children who are now immigrating with you as an “unmarried” children or step-children.

A certified copy of a divorce issued by the Court granting the divorce. In cases where the marriage was terminated by the death of a spouse, a certified copy issued by the official custodian of the death records in the country of death.

Please check the Country Documents website of the Department of State for availability of documents.

http://travel.state.gov/visa/reciprocity/ReciprocityWeb/index.htm

32. PERSONAL U.S. INCOME TAX RETURNS OF VISA APPLICANTS

Any applicant (principal, spouse, children) who has worked in the USA should bring such personal income tax returns, including all Forms 1040, Forms W-2 wage statements, Forms 1099 (other income).

Please note that if any or all such tax returns (1040 and W-2) are unavailable because they have been lost or destroyed, you may be able to secure an IRS-issued computerized print-out of any such return (1040 and W-2) by completing, signing and forwarding to the IRS (by mail or fax) Form 4506-T. Please make sure that you specify on the form that you are requesting a transcript of Form 1040 (enter that at item 6 of the form), and that you place an x mark in box 6a and 6e.

Form 4506-T can be found at:

http://www.irs.gov/pub/irs-pdf/f4506t.pdf

33. PERSONAL INCOME TAX RETURNS OF PETITIONER IN FAMILY CASES

Applicants who are immigrating based on an I-130 filed by a relative who is a lawful permanent resident or citizen of the United States, should submit to the NVC with the I-864 affidavit of support the personal income tax returns (forms 1040, W-2 and 1099) of the petitioner and any other joint sponsor for the last three available years. This does not apply to persons who are immigrating based on a job offer by en employer.

Form 4506-T can be found at:

http://www.irs.gov/pub/irs-pdf/f4506t.pdf

34. NOTARIZED JOB OFFER BY EMPLOYER SPONSOR IN EMPLOYMENT-BASED CASES

The principal applicant should submit to the consular officer a statement prepared on the letterhead of the sponsoring company verifying the job tile, job duties, hours per week, salary and the job is of a permanent or indefinite basis. This job letter should closely follow the information contained in the “labor certification” application, in cases where one is required or in the I-140 immigrant visa petition, if no labor certification was required. Please note that the job title and job duties must de identical as stated in the petitioning document and that the salary must be the same or higher but never less as stated in the petitioning documents. The letter must be addressed to the U.S. Consulate General, prepared on official company letterhead, signed by an appropriate company official, sworn to before a Notary Public who should notarize the document.

35. NOTARIZED JOB VERIFICATION LETTER IN FAMILY-BASED CASES

The applicant should submit to the consular officer a statement prepared on the letterhead of the employer of the I-130 petitioner and of any I-864 joint sponsor, verifying the job tile, job duties, hours per week, salary and the job is of a permanent or indefinite basis. The principal applicant and spouse as well as accompanying children who are 18 or older, if employed in the USA, should secure a similar letter, If not employed in the USA, the principal, spouse and children 18 years of age or older should secure future job offers. These letter must be prepared on the official letterhead of the company, signed by an appropriate company official and his signature must be notarized.

36. EVIDENCE OF LAWFUL PRESENCE/STAY IN THE USA

Applicants who at any time after 4/1/1997 have resided in the USA in temporary worker status (H-1B, H-2A, H-2B L-1, L-2), investor (E-2), treaty trader (E-1), exchange visitor (J-1), student (F-1), vocational student M-1) or other temporary status (B-1, B-2,C, D, G, I, K, N, O, P, Q, R, S, TN-1, TN-2, WT, WB) should bring evidence (visa stamps, copies of approval notices, extension of Form I-94, etc), to establish to the consular officer that his/her status in the USA has been lawful and that there has been no overstay. This also applies to the spouse and/or children who have held accompanying spouse/child status while the principal was in the USA or at any other time.

Establishing lawful presence in the USA is important because a person who has resided in the USA unlawfully after 4/1/1997 may have triggered the operation of the 3/10 year bar (elsewhere explained in this writing). It may also be useful in establishing that there has been no fraud or misrepresentation in securing any prior visa to come and visit or work in the USA.

37. DOCUMENTATION OF FAMILY-BASED I-130 PETITIONER

All documents that pertain to any I-130 Family-based petition are required, even if they were previously submitted to the USCIS with the petition (as for example all the documents pertaining to the petitioner). For example, if the I-130 petitioner is the married sister (who is now naturalized citizen of the United States) of the visa applicant, the I-130 petition had to have included the birth certificate of both the petitioner and the beneficiary to prove common parents, the marriage certificate of their parents to prove that they are legitimate children of the common parents, the marriage certificate of the petitioner to prove that she now has a different last name by means of marriage and evidence that the petitioner is a U.S. citizen. In such a case, all documents pertaining to the petitioner (birth certificate, marriage certificate of the common parents and marriage certificate of the petitioner ) must also be brought to the consulate. Of course, the petitioner will also execute the necessary I-864 and will have to provide financial evidence but such other documentation is described elsewhere in this writing.

38. TRANSLATIONS

Applicants must obtain Certified English language translations of any documents that are written in a language that is not English or the official language of the country where the consulate is located. When in doubt, secure a translation, The translation must include a sworn (notarized) statement signed by the translator that states that he/she if fluent in both the English and foreign language and is, therefore, competent to translate such document. Such certification must be under oath. The certified translation does not take the place of the original document in a foreign language and both the original document and the translation will have to be submitted to the consulate.

An affidavit of competence to translate must be executed before an official authorized to take oaths or affirmations.

39. OTHER RECORDS OR DOCUMENTS

Any records or documents establishing the applicant’s relationship to a spouse or children, if
any, and any records or documents pertinent to a determination of the applicant’s identity, classification, or any other matter relating to the applicant’s visa eligibility.

40. UNOBTAINABLE DOCUMENTS

If the consular officer is satisfied, or the catalogue of available documents prepared by the Department indicates, that any document or record required under this section is unobtainable, the officer may permit the immigrant to submit other satisfactory evidence in lieu of such document or record. A document or other record shall be considered unobtainable if it cannot be procured without causing to the applicant or a family member actual hardship as opposed to normal delay and inconvenience.

If the consular officer determines that a supporting document is in fact unobtainable, although the catalogue of available documents shows it is available, the officer shall affix to the visa application a signed statement describing in detail the reasons for considering the record or document unobtainable and for accepting the particular secondary evidence attached to the visa.

Please check the Country Documents website of the Department of State for availability of documents.

http://travel.state.gov/visa/reciprocity/ReciprocityWeb/index.htm

41. AUTHENTICITY OF RECORDS AND DOCUMENTS

If the consular officer has reason to believe that a required record or document submitted by an applicant is not authentic or has been altered or tampered with in any material manner, the officer may take such action as may be necessary to determine its authenticity or to ascertain the facts to which the record or document purports to relate. Photocopies not bearing the official seal or certification stamp of the issuing authority will not be accepted.

42. VALIDITY PERIOD OF IMMIGRANT VISA

With the exception indicated herein, the period of validity of an immigrant visa cannot exceed six months, beginning with the date of issuance. Most visas are issued with a validity period of six months but the consulate may, in appropriate cases, where the passport period of validity is less than 8 months, issue a visa that is shorter than six months. The validity of a visa may not extend beyond a date sixty days prior to the expiration of the passport.

Any visa issued to a child lawfully adopted by a U.S. citizen and spouse while such citizen is serving abroad in the U.S. Armed Forces, is employed abroad by the U.S. Government, or is temporarily abroad on business, however, shall be valid until such time, for a period not to exceed 3 years, as the adoptive citizen parent returns to the United States in the course of that parent’s military service, U.S. Government employment, or business.

If the visa was originally issued for a period of validity less than the maximum of six months, the consular officer may extend the validity of the visa up to but not exceeding the maximum period permitted. If an immigrant applies for an extension at a consular office other than the issuing office, the consular officer shall, unless the officer is satisfied beyond doubt that the alien is eligible for the extension, communicate with the issuing office to determine if there is any objection to an extension. In extending the period of validity, the officer will make an appropriate notation on the visa of the new expiration date, sign the document with title indicated, and impress the seal of the office thereon.

The period of validity of a visa issued to an immigrant as a child shall not extend beyond the day immediately preceding the date on which the alien becomes 21 years of age (except in cases where children over 21 years of age who are immigrating under the special provisions of the Child Status Protection Act). The consular officer will warn an alien, when appropriate, that the alien will be admissible as such an immigrant only if unmarried and under 21 years of age at the time of application for admission at a U.S. port of entry. The consular officer will also warn an alien issued a visa as a first or second preference immigrant as an unmarried son or daughter of a citizen or lawful permanent resident of the United States that the alien will be admissible as such an immigrant if he/she marries before entering the USA and acquiring lawful permanent resident status.

**Instructions for Immigrant Visa Applicants who are applying in Canada, Albania, Turkey, United Arab Emirates or Africa.

All completed DS-230 Part I and Part II forms and most documents requested in Packet III should be sent to the National Visa Center.

**Instructions for Immigrant Visa Applicants for other countries:

The Application for Immigrant Visa Form DS-230 Part I ONLY must be sent to NVC. All other documents will be required at the time of the visa interview.

… … … … … … … …

Consular Processing 2-3-2005

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