21 Feb, 2012
Immigration 101: US Immigration Agencies
Green label petitions, either family or use based, generally pass by 3 US immigration agencies, which nonetheless eccentric of any other, closely work together to filter the worthiness of petitioned beneficiaries.
The initial group is USCIS (US Citizenship and Immigration Services, before INS), second is NVC (National Visa Center) and third the consular bureau of a unfamiliar country.
Petitions for kin or impending employees are filed with the USCIS along with the non-refundable filing fees. Under family formed petitions, the postulant submits Form I-130 upheld by documentary proofs of relationship. On the other hand, before an employer can petition an visitor employee, he will have to mail the filled-up Form I-140 with the exigency labor certifications, proofs of financial ability to compensate the smallest wage, and the compulsory smallest pursuit education of the visitor beneficiary, among others.
To routine these petitions, USCIS determined 4 use centers to accept petitions underneath their particular state jurisdictions. For example, petitions from Hawaii and Arizona are submitted to the California Service Center, while petitions from New York and Maryland are submitted to the Vermont Service Center. Processing times, which can be noticed online, change per use center. Some use centers routine I-140s faster than another center.
During processing, USCIS can direct additional papers to serve infer itself of the rule and bona fides of the petition. For example, USCIS may ask the petitioning employer for additional financial statements aside from the already submitted Income Tax Returns to infer financial capability. After processing, the USCIS will then mail to the postulant an capitulation or rejection notice. A rejection notice contains the reasons for rejection and instructions should the postulant interest the decision.
If approved, the box will then be permitted to NVC. NVC simply performs the ministerial avocation of entertainment personal and biographic information. Unlike the USCIS, NVC does not perform any adjudicative functions. Among others, the customer has to contention forms, choose their representative in the US, and compensate the visa price check for himself and his dependents, non-compliance of which will outcome to a denial. The petition stays with NVC until visas turn accessible to the difficulty to which the petition belongs.
When visas turn available, NVC forwards the box to the US Consular Office in the nation where the customer resides. In our case, this is the US Embassy in Ermita, Manila. The Embassy will be promulgation the customer a minute which contains, among others, their date of interview, instructions for medical hearing and a list of papers to move during their interview. Processing time customarily takes 6-12 months.
The Embassy can be noticed as America’s final line of invulnerability opposite unattractive aliens whom USCIS had little possibility of questioning during the initial stage. While USCIS adjudication is generally petitioner-specific, Embassy on the other palm is beneficiary-specific.
It is needed that beneficiaries ready themselves for their interviews because a USCIS capitulation does not pledge involuntary capitulation by the US Embassy. For example, an certified wedding petition will not stop the consul from checking either the matrimony is fixed, therefore a sham. Once the customer passes the interview, then a immature label is forthcoming.
When it comes to non-immigrant visas, petitions or applications bypass the NVC. Fiancé and proxy workman petitions still pass by the USCIS. When approved, the capitulation notice then allows the customer to request for the fiancé or operative visa in the Embassy. But for other non-immigrant visas which don’t need sponsors, such as traveller and investors visa, an applicant can go directly to the Embassy, but ever carrying to pass by the USCIS and NVC.
This essay merely serves as ubiquitous info that may or may not request to your case. It is endorsed to find the recommendation of a US immigration counsel who can help you on your petition or application. The author is a member of the Philippine and New York Bar. As a New York lawyer, he is certified to use US Immigration law. For those meddlesome in removing a US traveller visa, you are invited to attend an in-depth live convention featuring tips on how to boost your chances for an approval. For some-more details, greatfully hit Globex Immigration Alliance Services, Telefax 2222702, globexia@gmail.com.
