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National Visa Center: Processing Times and More

November 16, 2016

National Visa Center: Processing Times and More

Author: New York Immigration attorney Alena Shautsova

National Visa Center  (NVC) is an agency that processes documents of petitioners before an appointment is scheduled in U.S. consulates. Every time somebody from the United States is sponsoring a family member or a worker, NVC would be involved.

Those lucky applicants who have an attorney working for them, would probably not worry about the points that I will be discussing below. However, if you represent yourself, and you are the one who has to deal with the NVC these points might be helpful.

1. Before any process for an immigrant visa would start, the beneficiary has to pay appropriate fees: an affidavit of support fee (currently $125) and an immigrant visa fee (currently $325).  The fees should be paid online. NVC is departing from the practice of collecting the fees by mail.

2. One can find a list of documents that he/she should submit to the NVC on Department of State website: https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/Submit_documents.html.

3. All the documents, including an original of the affidavit of support form I 864 should be submitted, preferably, at once. However, it is possible to submit documents gradually.

4. How fast does NVC work? It takes about 10-15 days for the NVC to enter the case into their system once the case is received. It takes about 30 days to review a submission, and about 60 days to schedule an appointment for a complete case.

5. A mailer should use a cover letter provided by the NVC, and if a petitioner is sponsoring multiple beneficiaries, separate packages should be created for each.

It is possible for some applicants from certain countries to submit documents to the NVC via email. For the rest of the countries, NVC accepts documents by mail only.

NVC accepts only copies of the documents. All the originals, an immigrant visa applicant has to bring with him/her to the consulate.

TIPS ON WORKING WITH NVC

January 18, 2016

TIPS ON WORKING WITH NVC

Author: New York Immigration attorney Alena Shautsova

Once an Immigrant petition is approved, the NVC receives the file and acts as middle man between the petitioner and the consulate. It collects the fees, documents and more information before it schedules an interview for the visa applicant. The NVC process in itself can be quite frustrating, and not only for those petitioners and applicants who do not have an attorney. The Q&A below intend to help pro-se petitioners with the process.

 

  1. Why and how NVC terminates the petition?

The termination process is only entered after the priority date becomes current. A notice is given to applicants explaining that if the NVC does not hear from a representative of the case for a period of one year the case will be terminated and the individual will be required to resubmit the case again with additional filing fees, if applicable. However, the period of one year only starts after the priority date becomes current.

  1. How can I know if an approved I-130 is still valid?

Here, it is wise to have an attorney, because attorneys have a special way to communicate with the NVC: When determining whether or not an I-130 is still valid after being sent to the NVC the fastest way to do so is by emailing NVCattorney@state.gov or by calling the NVC directly.

If a response is not procured within 15 days after sending an email to NVCattorney@state.gov you may send a second follow up email. If after an additional 15 days you still do not receive a response you may send a third follow email with subject line “Attention PI Supervisor,” the supervisor will then respond within 5-7 business days.

  1. NVC collected the documents and did not mention about any issues, but the visa was denied, why?

When discussing a Nonimmigrant Visa, the NVC is authorized to answer questions regarding the general NIV application process, status of the application, whether or not the case was refused or requires additional information. The NVC cannot advise an applicant if they are eligible for a specific nonimmigrant visa.

  1. I had to submit an I 601A waiver. The decision on the waiver takes a long time. Will my petition be terminated?

When waiting for an I-601A response from USCIS the one year termination process will no longer be in effect. If you receive a letter stating the I-130 application has been terminated while I-601A waiver is pending, contact an attorney immediately or NVC directly to resolve the situation.

  1. Do I have to file with the NVC a letter from employer to show my current income?

When submitting an I-864 Affidavit of Support, an employer letter is not required from the petitioner when evidence of previously filed taxes are more than sufficient. If it is not possible to get a letter from your employer as to your current income contact, your attorney or NVC as soon as possible to avoid further delays in your case.

COPIES IN SUPPORT OF IMMIGRANT VISAS FOR NVC

November 14, 2014

COPIES IN SUPPORT OF IMMIGRANT VISAS FOR NVC

Author: New York Immigration Attorney Alena Shautsova

Good news can be shares with all immigrant visas applicants: the NVC will no longer require submission of the original documents in support of the immigrant visas.  Usually,  when  a person applies for an immigrant visa (a spousal visa; visa for an immediate relative; work related visa; etc) as a part of the visa process, the applicant must submit certain documents not to the consulate directly, but to the National Visa Center first.

NVC often required that original of certain documents be submitted to it, such as original of birth and/or marriage certificates. This requirement would significantly delay the process as in some countries it is simply illegal to mail original of the birth or marriage certificates (Russia, for example). As such, the applicant would have a really hard time trying to follow  NVC instructions and stay on track with the timing of the application.

However, NVC stated that as of November 12, 2014,  it will change its instructions.  The only document that will still have to be in the original would be an affidavit of support form.

Only after the appointment is scheduled, NVC will tell the applicant to bring the originals to the consulate.