Bureau of Consular Affairs US Department of State

Family Based Visas Family Based Visas The Department of State The Department of State

Visa Services Visa Services

Bureau of Consular AffairsBureau of Consular Affairs

Family Based VisasFamily Based Visas

• Immediate Relatives (No Numerical Limits - Shorter wait)o Spouse, Minor Child, or Parent of a U.S.

Citizeno Inter-country adoption

• Family Preference (Numerical Limits - Longer wait)o Example – Brother of a U.S. citizen

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.

Immediate RelativesImmediate Relatives

• 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.

Family Preference Family Preference CategoriesCategories

Visa Bulletin Visa Bulletin

Family-Sponsored

All Chargeability Areas Except Those Listed

CHINA-mainland born

INDIA MEXICO PHILIPPINES

F1 01MAY05 01MAY05 01MAY05 15MAY93 01JUL97

*May 2012 Visa Bulletin

Immigrant Visa ProcessingImmigrant Visa Processing

Interview & Final Decision at U.S. Embassy or

Consulate

Pre-Processing at NVC

Step 1: Petition is Sent to the Step 1: Petition is Sent to the National Visa CenterNational 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

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 2: IV petition becomes Step 2: IV petition becomes currentcurrent

• 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

Step 3: The Consular Step 3: The Consular InterviewInterview

Contacting UsContacting UsHelpful Hints

• Include:oVisa applicant’s full name (as in PPT), DOB,

city/country of birth, PPT number, and date of last interview

oContact Information

Where to Find InformationWhere to Find Information

Our website - http://travel.state.gov/congress/congress_3805.html

By phone -

• Congressional Inquiries: (202) 663-1516VisaNet@state.gov

• National Visa Center: (603) 334-0700

(immigrant visa cases at NVC)