III. Sr Para / New Atty: Visa Processing

Question 1

Who qualifies for adjustment of status?

Answer 1

• lawful entry
• currently residing in US
• filed application with USCIS
• has current visa priority date

Question 2

What are some bars to adjustment of status for a relative family member?

Answer 2

• EWI (not admitted or paroled into US)
• Failure to maintain status
• Not physically present in the US
• If a family preference category applicant, must have current visa bulletin date
• Criminal background

Question 3

What are some negatives of consular processing?

Answer 3

• Must remain outside of the US while processing application or risk CBP issuing expedited removal
• Denials are final and harder to appeal once issued

Question 4

Who qualifies for consular processing?

Answer 4

• Outside US
• Beneficiary of approved immigrant petition
• Visa is currently available

Question 5

Where does a consular processing interview occur?

Answer 5

U.S. consulate

Question 6

Who will notify petitioner when their visa petition is received and when a visa is about to become available?

Answer 6

National Visa Center (NVC)

Question 7

What is the first thing a petitioner needs to do after receiving their NVC welcome letter in the consular processing process?

Answer 7

• Pay the processing fees

Question 8

In consular processing, what forms must be submitted after the applicant pays their processing fees?

Answer 8

• DS-260: Immigrant Visa Electronic Application

- I-864: Affidavit of Support

Question 9

What civil documents must a petitioner submit?

Answer 9

• Birth Certificate
• Any court records (if applicable)
• Marriage certificate/termination docs (if applicable)
• Passport copy
• Police certificates

Question 10

What civil documents must the spouse of a petitioner submit?

Answer 10

any prior marriage termination documents

Question 11

11. Where do you look for the financial documents the petitioner must submit?

Answer 11

• NVC website

- RIG Transmittal