After USCIS approves your immigrant visa petition, your case is transferred to the Department of State’s National Visa Center (“NVC”) for pre-processing if your case strategy requires you to attend an interview at the Embassy/Consulate. Once we submit your fees, forms, and supporting documents to the NVC, the NVC reviews your case and schedules the immigrant visa interview at the Embassy/Consulate.
Below are frequently asked questions about pending NVC cases:
Answer: There is really no way we can answer this question. The pandemic caused major backlogs, and the issuance of your interview depends on several different factors, such as how many applicants are ahead of you, what consulate you are going to, when your case was placed on the actual consulate waiting list, etc. All we can do is provide you with our best estimate based on other clients’ cases being scheduled now for your specific consulate.
Answer: It is possible to ask the NVC to expedite a case for humanitarian reasons. However, it is extremely rare to have such a request granted. The Department of State indicates that a case may be expedited for a “life or death medical emergency.” (https://travel.state.gov/content/travel/en/us-visas/immigrate/national-visa-center/immigrant-visas-processing-general-faqs.html#ivp7) While everyone has the right to request that their interview be scheduled more quickly, it appears to be a very high standard, because you must prove that your case deserves to move faster than all the other cases in line ahead of yours. We have had requests to expedite denied in the following cases:
As you can see, it is extremely difficult to have your case expedited, although it is possible.
Answer: You will receive an approximately two weeks’ notice, which means that you will have approximately two weeks from the interview notice until an actual interview date at the Embassy/Consulate. For this reason, you should plan ahead and be ready financially to quickly travel to your consulate interview when you are scheduled.
Answer: Yes, there is an entire packet of documents you must take with you to your interview. Your attorney should have a full copy of the packet you will need to take with you. They will instruct you on what originals you will need and if there is anything that needs to be updated from that packer prior to your interview. Often, only the police certificate and tax documents must be updated, but your attorney will confirm that for you.
Answer: All clients will have interview prep appointments with their attorney and these appointments will be via video or phone – whatever is most convenient for you. By the time you have this appointment, you will already have the full packet of documents you will be taking to your interview. This way you can reference the packet and ask any questions you may have. We encourage you to write your questions down before your appointment with your attorney, so that you do not forget to ask anything you had in mind. We want to be sure you are as prepared as possible and having any unanswered questions may make you more nervous for your interview, which is something we hope to avoid.
Answer: While it is not always the case, you may have interviews over two or more days if there is a question concerning your application, you are missing documents, or the Consulate needs extra time to process your application. Please do not purchase a plane ticket or make travel arrangements to go to the U.S. for the same day as your visa interview.
Contact an attorney at Minsky, McCormick & Hallagan, P.C. if you have any additional questions about your NVC case.
The material contained in this alert does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.
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