Dev Banad Viswanath, Esq.'s Immigrant Visa Processing Through Consular Posts
The process of applying for an immigrant visa through a U.S. Embassy or consulate in another country is known as immigration consular processing. meaning applying for a visa to become a permanent resident through an embassy or consulate. To become a permanent resident of the United States, an outsider who is the beneficiary of an approved immigrant petition must apply for an immigrant visa at a consulate abroad of the United States Department of State.
The National Visa Center (NVC) receives an immigrant petition that has been approved by USCIS. The petitioner and beneficiary are informed by the NVC of the approval's receipt and the necessary visa processing steps. In addition to the Affidavit of Support, the petitioner and the beneficiary(s) must submit immigrant visa processing fees, the immigrant visa form DS-260, and supporting civil documents. The Application for Immigrant Visa and Registration, also known as Form DS-260, must be completed at this time by the beneficiary and each family member who is immigrating with the beneficiary. A Form I-864, Affidavit of Support, will also need to be submitted by the approved petitioner. Structure I-864 is a lawful agreement between the support (who might be a similar individual as the candidate) of a migrant visa candidate and the U.S. government promising to help the recipient of that individual can't uphold themselves and that the individual or subsidiary people, won't become public charges.
The consular office will schedule an interview for the beneficiary once the DS-260 and all supporting documents have been received by the NVC. The beneficiary's case is processed by the consular office, which then determines whether or not they are eligible for an immigrant visa. The officer will give the beneficiary an information packet if the consular office gives them an immigrant visa. The term "Visa Packet" refers to this package.
The beneficiary will be required to present the Visa Packet to the CBP officer at the port of entry once they arrive in the United States. The beneficiary will be examined by a CBP officer to see if they are admissible. The beneficiary will be admitted as a permanent resident of the United States if the CBP officer accepts them. As a permanent resident, the beneficiary will be able to take advantage of the advantages of permanently living, working, or attending school in the United States. It should be noted that the Immigrant Fee has been implemented by USCIS. This fee should be paid following the interview once the visa is issued, but it can also be paid after the interview. In order to receive a genuine legal permanent resident card (green card), you must pay this fee, which is currently $220.
Beneficiaries have to wait longer to schedule their visa interview because there is a delay in visa processing through consular posts at the moment. For immediate relatives, consular processing takes 12 to 15 months, but for family-preference immigrants, the wait for a visa is likely to be significantly longer. Some applicants prefer consular processing to change their status because they can get their affairs in order before starting a new life in the United States. A person can travel while their immigrant visa is being processed, making the process less prohibitive. However, in the stateside adjustment of status, the beneficiary or applicant must wait until they receive work and travel authorization before they can work or leave the United States. As long as the conditions of the visitor visa are not broken, an immigrant visa applicant may still obtain a visitor visa for the time between application and approval. In contrast to the discretionary adjustment of status, consular officers cannot refuse to issue a visa based on discretion. Currently, all Indian immigrant visas are handled by the US consular post in Mumbai.
