Applying for a Green Card through the Immigrant Visa Process

In many cases where a noncitizen is applying for a green card through either a family based green card petition or employment based green card petition, the noncitizen may need to complete the application by applying for an immigrant visa through the Department of State. We discuss the employment-based Eb-2 category here. While we discuss the Eb-3 category here. We discuss family based green card categories here.

If application is required through the consulate, this can be viewed as the second step after the first step of submitting the initial green card petition with the United States Citizenship and Immigration Service, “USCIS”. For green cards based on a family relationship, the petition to be processed by USCIS is known as the I-130 petition, while the employment-based petition is known as an I-140 petition.

It is important to understand that although both USCIS and the Department of State are agencies within the U.S. government that work with each other in processing a green card application, they are still two different agencies which require two separate applications with each agency to eventually complete the goal of the noncitizen receiving the eventual green card.

Upon processing and approval of the initial immigration petition with USCIS, USCIS notifies the Department of State of the approval causing the Department of State through a sub office known as the National Visa Center, “NVC” to create the visa case in the NVC’s system known as the Consular Electronic Application Center (CEAC). Once the case is created in the CEAC, the NVC then sends a welcome notice to the applicant and legal representative for the noncitizen beneficiary providing the Immigrant Visa Case Number and Invoice ID number with corresponding instructions for creating an account in the CEAC system including instructions to pay the Immigrant visa application fees.

After the fees are paid, the applicant will be able to fill in the application form online known as the DS-260 and upload what are known as the civil documents in support of the application to the CEAC system. Civil documents vary from consulate to consulate, but are typically biographical type documents such as birth certificates, marriage certificates and passports.

In all family-based cases, the petitioning family member must also complete and upload USCIS form I-864 which reports the number of family members supported for a green card and the financial income and asset information if needed of the petitioner or of a financial co-sponsor. The petitioner and if there is a co-sponsor, the co-sponsor must also upload to the CEAC system their income tax filing forms to support the income reported in the I-864.

Once all required documents have been uploaded and the DS-260 has been completed, the NVC will begin to review the application and supporting documents to determine whether the application is documentarily complete to schedule the immigrant visa interview at the consulate post. Otherwise, if the application is considered to be deficient, the NVC will notify to provide additional information or correct documents.

If the application is determined to be complete and the interview date is scheduled, the case will then be sent from the NVC to the Consular Post for the review and final decision by a consular officer.

Before the interview the beneficiary and any derivative applicant are required to schedule a medical appointment with an authorized physician in the country where the interview will take place. This exam must be with an embassy-approved doctor, also referred to as the Panel Physician. Exams conducted by other physicians will not be accepted. The medical examination, along with any required vaccinations, must be completed before the scheduled visa interview date.

At the interview, the beneficiary is expected to bring certain documents such as the appointment letter, the DS-260 confirmation page, photographs and original or certified copy version of all civil documents submitted to the NVC.

The officer will then interview the beneficiary and decide whether to approve or deny the application. If denied, it may be that the officer requires additional information or documents before making a decision and will advise the beneficiary of the additional information or documents needed and how to provide them.

If an officer determines that the noncitizen is ineligible for the green card, the noncitizen should seek assistance of an immigration attorney to determine how the noncitizen may be ineligible and if it is possible to overcome the ineligibility. In most cases, if the officer determines a noncitizen is ineligible, but the ineligibility may be overcome, the officer will indicate to the noncitizen the possibility of overcoming the ineligibility and allow the noncitizen opportunity to overcome the ineligibility issue. Regardless, an attorney should be consulted before or after the interview to understand the ineligibility and plan for presenting a case to overcome the ineligibility.

Some cases may require further review known as administrative processing which could be based on many different reasons but is most typically caused by a security concern in the noncitizen’s background that requires more thorough security checks. We discuss administrative processing here.

If the case is approved, the officer will provide instructions on when the Passport and Visa will be returned or ready for pickup after the interview.

Once the beneficiary receives the passport and visa, he must travel to the United States no later than the visa expiration date printed on the visa. The noncitizen must also pay an immigrant fee.

Once the beneficiary enters the United States, he will be processed by Customs and Border Protection agents who have authority to admit noncitizens to the United States. Once the beneficiary is admitted and has paid the immigrant fee, he is considered a lawful permanent resident or a green card holder.