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Consular Processing 2012 CLINIC Convening Austin, Texas
Consular Processing
2012 CLINIC Convening
Austin, Texas
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Presenters
• Kristina Karpinski, Training and Legal
Support Attorney, CLINC
• Sarah Flagel, Senior Legal Technical
Specialist, World Relief
• Guest Speaker: Kimberly Kelly,
Director, National Visa Center
How do I get my permanent
residence?
• I am a native of Kenya and the adult son of a USC. I have lived in Kenya all my life. My father filed a petition for me many years ago and recently told me there is a visa now available for me to immigrate to the U.S.
• I am 17 years old and a native of Honduras. I am living in Honduras with my grandparents. My mother has lived in the U.S. for 12 years and sends money home to us. She married an LPR a few years after she got to the U.S. and she recently got her green card. She said it now possible for me to immigrate to the U.S.
• I am a citizen of Mexico and entered the U.S. without being inspected in 2004. In 2006 I married a USC and we have two children, 4 year old Jose and 2 year old Isabel. My wife filed a petition for me last year that has been approved. No one else has ever filed a petition for me.
CONSULAR PROCESSING
• What is it?– Way to complete the permanent residence
process from outside US
• Who does it?– If residing abroad
– If residing in the U.S. and do not qualify to adjust
• Different procedures than adjustment– But for both, must be admissible under INA
§ 212
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CONSULAR PROCESSING
• Governed by Department of State
• See 22 CFR §§ 40-42 and vol. 9
Foreign Affairs Manual
• Use consular posts websites at
www.travel.state.gov
PLACE OF PROCESSING
• Consulate in country where the
applicant resides or last resided
• Consulate in country where applicant
physically located and intends to remain
throughout process
• Any consulate that will accept
jurisdiction as a matter of discretion.
OVERVIEW OF PROCEDURE:
NATIONAL VISA CENTER• National Visa Center (NVC) in the U.S.
manages timing of process, document
collection, sending of forms, scheduling of
interviews for almost all posts
• NVC Stores approved petitions and case file
until visa is current
• Once priority date is almost current, NVC sends fee bills (affidavit of support and immigrant visa) to representative (G-28 on file)
• If pro se, sends Choice of Agent to beneficiary; affidavit of support fee bill to petitioner; immigrant visa fee bill sent to agent or intending immigrant 7
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OVERVIEW OF PROCEDURE
• Fees paid (can pay electronically)
• Applicants (beneficiaries) and petitioners go to DOS website to download required forms (DS-230, I-864) or (electronic submission of DS-260 if required) and receive additional instructions on forms and supporting documentation needed.
• NVC schedules most visa interviews
• Medical Examination by Panel Physician
• Applicant appears for interview
– Submits original documents (if not already submitted to NVC), medical exam results, signs DS-230, part II or DS-260.
CONSULAR PROCESSING:APPLYING
FOR AN IMMIGRANT VISA
• DS-230 – Application for Immigrant Visa
and Alien Registration
– Part 1 – Biographic Data
– Part 2 - Sworn Statement - Inadmissibility
Issues
• DS-260 – Electronic Immigrant Visa and
Alien Registration Application
– Completed and submitted online
– Used at limited number of consulates but
eventually will be used by all.
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Who Should Use the Online DS-260 ?
If applying at one of the following U.S. Embassies or
Consulates:
– Amman, Jordan
– Athens, Greece
– Baghdad, Iraq
– Ciudad Juarez, Mexico
– Damascus, Syria
– Kabul, Afghanistan
– Lima, Peru
– Mexico City, Mexico
– Montreal, Canada
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WHAT IS ELECTRONIC PROCESSING ?
• Documents/Forms scanned and e-mailed to
• Posts participating in Program:
– Amman, Jordan (mandatory)
– Ashgabat, Turkmenistan (mandatory)
– Ciudad Juarez, Mexico (MEP - mandatory)
– Damascus, Syria (mandatory)
– Kabul, Afghanistan (mandatory)
– Sana’a, Yemen (mandatory)
– Guangzhou, China (optional)
– Montreal, Canada (optional)
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WHAT DOCUMENTS NEED TO BE
SUBMITTED?• Birth Certificates
• Marriage Certificates (if applicable)
• Marriage Termination Docs (if applicable)
• Police Certificates ( if available)
• Photocopy of Passport Bio Data Page
• Photographs
• Court Records (if applicable)
• Prior Removal Records (if applicable)
• Adoption Docs (if applicable)
• Military Records (if applicable)
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IS THE RECORD AVAILABLE?
• Submit original primary documents
• Check Foreign Affairs Manual for
availability of documents: Volume 9,
Appendix C
• If primary documents not available:
– Secondary evidence
– Affidavits
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WHAT HAPPENS AFTER FORMS AND
DOCUMENTS SUBMITTED TO NVC?
• Once case is “documentation qualified” it
will be sent to the appropriate consular post
• Timing of interview depends on backlog at
the particular consular post
• Four to six weeks before scheduled
interview, NVC will send out appointment
notice to applicant
• Applicant should review consular specific
instructions including info. on medical exam
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WHAT HAPPENS AT IV INTERVIEW ?
• Information contained in DS-230 or DS-260
reviewed by consular officer. Applicant will
confirm and swear to content
• Submission of original documents if not already
sent to NVC; review of documents
• Review of medical exam results
• Consular officer will look at eligibility for benefit
and any inadmissibility issues
• If approved, immigrant visa valid for 6 months
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WHAT IF CONSULATE
RETURNS PETITION TO CIS?
• See rules at 9 FAM 42.43 N1(b)
• Consulate should review, not readjudicate
• Can return petition if fraud or clear error
appears due to information obtained at
consulate
• Returns to NVC; NVC forwards to CIS
• If CIS reaffirms original decision to approve
– sends back to consulate and consulate
should approve immigrant visa
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WHAT IF VISA IS REFUSED ?
• May need to submit additional documents
• If inadmissible, consul may instruct to file waiver (I-601 or I-212), which is forwarded to USCIS – applicant must wait abroad
• Applicant should have waiver and supporting documents prepared before interview
• Representative should establish contact with consulate about the application; e-mail often best
• Can seek advisory opinion from State Dept. in cases of legal error by consulate – [email protected]
WHAT IS TERMINATION OF
REGISTRATION?
• INA § 203(g) - DOS authorized to
terminate the registration of IV applicant
who
– fails to apply for an immigrant visa within
one year of notification of the availability of
the visa
– Fails to appear for interview and doesn’t
contact consulate within one year
– Fails to submit evidence to overcome visa
refusal within one year
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COMMUNICATION WITH NVC
• Best by e-mail
• Message should include NVC case number
entered in subject line of e-mail
• The full name and DOB of principal applicant
• The full name of DOB of petitioner
• Phone: 603– 334-0700
• Written Correspondence
QUESTION AND ANSWER
SESSION WITH NVC
Kimberly Kelly, Director
Questions?
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415 Michigan Ave., NE
Suite 200
Washington, DC 20017
202-635-2556
