Immigrant Visa Processing

If you live outside the United States, or live here but choose to apply abroad, you will indicate on your I-140 that you will apply for a visa abroad. (See Form I-140, Part 4, 1.a.) This tells USCIS that you will apply for your green card at a U.S. Department of State consulate abroad.

If any dependents (spouse, children) also wish to apply for a green card based on your approved I-140, you will indicate on your I-140 that they too will apply outside the United States. (See Form I-140, Part 7, 1.h.) This tells USCIS that they will also apply for their green card(s) at a U.S. Department of State consulate abroad.

USCIS notifies the petitioner of its decision. If the petition is approved and you are the beneficiary — whether you live outside the United States or live here but choose to apply abroad — USCIS sends the approved petition to the Department of State’s National Visa Center (NVC), where it stays until an immigrant visa number becomes available.

You can check whether an immigrant visa number is available on the U.S. Department of State Visa Bulletin website.

For first preference employment-based immigrant visas (i.e., EB1A, EB1B, and EB1C), priority dates are generally current, so immigrant visa numbers are generally available immediately for beneficiaries of these petitions.

For second preference employment-based immigrant visas (i.e., NIW, EB-2 PERM), priority dates are generally current for all beneficiaries except those born in India or China. Beneficiaries born in India or China must wait for a current priority date before immigrant visa processing can begin.

Please Note - The general rule for chargeability determines which country’s quota the beneficiary’s visa is charged: it is charged to the country of birth. Citizenship or nationality does not control. There are some exceptions to the general rule:

1. A child may be charged to either parent's foreign state when accompanying or following to join;
2. A spouse may be charged to the accompanying spouse's state;
3. An alien born in a country where neither parent was born or resided may be charged to either parent's foreign state (no accompanying requirement).

For example, if the I-140 beneficiary was born in India or China but his or her spouse was not, immigrant visa numbers may be available immediately under the rule of cross-chargeability. If you believe a cross-chargeability exception may apply to your case, please contact our law firm to discuss your options.

The National Visa Center, which collects visa application fees and supporting documentation, notifies the petitioner and beneficiary when it receives the visa petition and again when an immigrant visa number is about to become available. It also tells them when to submit immigrant visa processing fees (commonly called “fee bills”) and when to submit supporting documentation.

First, you will receive an “Immigrant Visa Application Processing Fee Bill Invoice” from the NVC for each family member doing IVP. The invoice shows the processing fee (“Amount Due”) and gives payment instructions. Follow those instructions very carefully.

Once NVC receives the processing fees, it will send you detailed instructions about the documents you must send to NVC. Follow those instructions carefully and provide every document requested. Do not send documents that NVC has not requested.

Once NVC receives all requested documents, it will notify you that an interview has been scheduled. After that notice arrives, take the following steps to prepare for the interview:

1. Review the information the NVC sends you, noting the date, time, and location of your immigrant visa interview;
2. Arrange the Medical Examination;
3. Make sure all required original documents will be available at the interview. Any documents you submitted to the NVC will be transferred to the interviewing officer;
4. Obtain the required photographs;
5. Review the U.S. Embassy/Consulate General-specific Interview Guidelines;
6. Review the Important Visa Interview Notices;
7. Review the Immigrant Visa Interview FAQs;
8. Review the questions and answers on all forms and documents you have submitted so far.

For more on interview preparation, see the U.S. Department of State website.

Dress neatly, professionally, and even conservatively. Because of security concerns and space limits, friends, relatives, attorneys, and business contacts may not attend the interview. Do not arrive more than 15 minutes before your appointment, but be on time. Applicant volume may keep you waiting past your scheduled time, so bring books, crossword puzzles, and the like.

The primary applicant, spouse, and children may share a single case number. If so, you will all be called together. The officer prepares the primary applicant’s file first, then the spouse’s, then the children’s.

Please Note – If any of your children were born in the U.S., bring their U.S. passports with you.

Answer every interview question truthfully and consistently. If you do not know an answer, say so; never invent one. A false statement or concealment of a material fact may result in permanent exclusion from the United States. At the end of the interview you will swear that everything you said was correct and that there was no fraud. The officer will then have you sign the DS 230 Part II.

Interviews are normally conducted in English. If you are not comfortable speaking English, ask the U.S. Consulate where your interview will take place about your options for being interviewed in another language or with a translator.

You will not be fingerprinted at the interview, but at your port of entry in the United States.

Please Note – no advance assurance can be given that a green card will be issued. A consular officer can decide your green card application only after reviewing your application and documents and interviewing you in person. It is strongly advised that you not make travel arrangements, dispose of property, or give up your job until your green card is issued.

You need not contact the National Visa Center about your petition; it will ask you for the information it needs. You should contact the NVC if your personal situation changes or you move. Notify the NVC if a child turns 21 or if your marital status changes, since either may affect eligibility or visa availability.

E-mail is the NVC’s preferred way to communicate. The NVC’s e-mail address is NVCINQUIRY@state.gov.

Please Note - Contact the NVC from your personal e-mail account. If clicking the e-mail address above does not open your personal e-mail, copy and paste that address into a message sent from your personal account.

To get a prompt response, be sure to do the following:

1. Put your NVC Case Number or USCIS Receipt Number in the subject line of the e-mail.
2. Provide the names and dates of birth of both the applicant and the petitioner.
3. For an employment-based petition, include the employer's company or organization name.
4. Provide the name, law firm, and address of the attorney of record, if applicable.

You can also reach NVC by phone at (603) 334-0700 (hours: Monday through Friday, 7:00 AM to 12:00 AM Eastern Time). Customer Service Representatives answer case inquiries. To receive a response specific to your case, provide the following information:

1. Your NVC Case Number or USCIS receipt number
2. The applicant’s name and date of birth and the petitioner’s name and date of birth
3. If you are an attorney, state the name of the law office requesting the information

Please note - This service requires a touch-tone telephone.

Finally, you can reach the NVC by postal mail. Send written case questions to:

National Visa Center
Attn: WC
31 Rochester Ave. Suite 200
Portsmouth, NH 03801-2915

Send forms, documents, and photographs to:

National Visa Center
Attn: DR
31 Rochester Ave. Suite 100
Portsmouth, NH 03801-2914

If you are granted an immigrant visa, the consular officer will hand you a packet of information known as a “Visa Packet.” You should not open it.

When you arrive in the United States, give your Visa Packet to the Customs and Border Protection officer at the port of entry, where you will also be fingerprinted. The officer will inspect you and, if you are found admissible, admit you as a permanent resident of the United States, which authorizes you to live and work here permanently.

If your visa application is refused, you will receive a refusal sheet stating the basis for the refusal and, where applicable, what you could do to overcome it.

Your green card will be mailed to you. If it does not arrive within 30 days of your arrival, call the USCIS National Customer Service Center at 1-800-375-5283 or make an InfoPass appointment at your local USCIS office.