In a previous blog we explained about how long migratory processes can take. Sometimes it can take years to obtain the requested immigration benefit. The process with the National Visa Center or the NVC is the next step after the family petition is approved.
What is the NVC process?
Once a visa is available for your family member, the National Visa Center creates the case in its system and assigns you a case number and an invoice number. Both numbers will be sent to you either through your email or your regular mail. It is important that you keep this information, because if you lose these numbers, it could take months for the National Visa Center to send them again and without them you will not be able to access the system to begin the process.
After the case is created in the system, it will be necessary for you to pay the fee of the visa application process, and the fee of the Affidavit of Support. Payment can take time to process, so you will need to check the system several times to see if it was processed.
Once your payment has been processed, you can begin to include the details of the visa beneficiaries in the petition. Know that this questionnaire is very long and cumbersome. It will be necessary to be completely specific in the answers. When you are in this step of the immigration process, unfortunately, the system does not allow it to continue if the previous step has not been completed, that is why it is necessary to have all the information ready, at the time that this process is being completed.
Upon completion of the online application, you need to complete the Affidavit of Support. In order to be a beneficiary's sponsor, you must earn more than 125% of your annual salary according to the Poverty Guidelines of the Department of Health and Human Services (HHS), taking into account the number of people who make up your Family nucleus. The amount to earn varies, so it is necessary to review the new directives that are issued before completing the affidavit. For example, if you were to be the sponsor of a beneficiary, and your family consisted of three people, you would have to earn more than $27,150 a year to be able to sponsor this person (data taken on 4/2020). If you do not earn the amount required by the Department of Health and Human Services (HHS) Poverty Guidelines, you will need to apply for a co-sponsor and complete an Affidavit of Support. For more information on this topic, visit our blog.
Once the information from the Affidavit of Support or the Affidavit of Financial Support has been sent, it will be necessary to send the civil documents. These documents should always be translated into the English language, and what you send are the copies, not the originals. The originals must be brought the day of the interview. If for some reason, you do not have one of the requested documents, then you must explain the reason why you do not have it, and on the day of the interview, the officer will determine whether or not it is necessary to obtain it. Each type of visa is different, and the civil documents to present may vary, but generally prepare all the documents that were sent with the petition, documents related to criminal records, birth certificate, marriage certificate, divorce or deat
h certificates, if apply; as well as copies of the beneficiary's passports and passport-style photo.
Once all documents, application, and Affidavit of Support are submitted, your case will be placed on hold for review. The time it takes to review these documents may vary, but a response is usually obtained within six months. If all the documents are correct, the National Visa Center will work with the competent embassy or consulate to schedule an interview for your case.
An important aspect to keep in mind is that, if the National Visa Center creates a case for you, and the beneficiary does not apply for the visa for one year after it was created, the family petition could be terminated. If you want the petition to remain active, you must complete the process with the National Visa Center before the year of the case is completed. If due to circumstances beyond your control, you could not do it within the established year, you will have two years from the date of notification of your case, to reinstate it, but you must explain the reasons why you did not complete the process in the first year .
As you can see, the process with the National Visa Center is cumbersome, and long. If the steps are not done correctly, and you are not well advised, you could delay your process, or even lose your priority date.
At Y. Morejon Attorney, P.A. we can help you with your case at the National Visa Center. Our office has helped many beneficiaries obtain their immigrant visas and start their new lives in the United States. Call us today for a free consultation. At Y. Morejon Attorney, P.A. your problem is our problem.
Legal Disclaimer
Any information made available by the lawyer or law firm is for educational purposes only, as well as to give you general information and general understanding of the law, NOT to provide specific advice. This does NOT create a relationship attorney-client between you and Y. Morejon Attorney, P.A. This information should NOT be use as a substitute for competent legal advice from a licensed professional attorney in your state.
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