Overview |
When your
I-140(Petition for Immigrant Worker) is approved, you can
either file Adjustment of Status(I-485)
within US, or undergo "Consular Processing", which involves
processing for permanent residency through the State Department. In
consular processing, the interview for an immigrant visa takes
place at a U.S. embassy or consulate located (with some exceptions)
in the foreign person's country of nationality. |
Attorney Certified I-140 (AC I-140) |
Some consulates like Mumbai in India and Hong Kong in China accept
Attorney Certified I-140 (AC140 or ac140 or ac 140 or ac i 140 or ac i-140) packet instead of having the need
to file I-824. This can save lot of time in consular processing. It
has to be sent by lawyer. Mumbai accepts AC I140 application on
grounds of hardship. As for hardship, it means being forced to wait
five to eight years in the same job, without hope of a promotion or
change of employer if you select adjustment of status.
OF-169 and OF-230 Part 1 are part of Packet 3 which consulates
sends after receiving AC I-140. But it is usually better to send
them along with AC I-140 itself to save time. |
Consular Processing in Ciudad Juarez |
United States consulate in Ciudad Juarez has started accepting immigrant visa (green card) applications from the citizen of any country, not just of Mexico, even if that alien has never stayed in Mexico. They will accpet the application if the alien's priority date is current and following documents are submitted to the consular section in Ciudad Juarez:
Please note that in order to be able to consular processing in Ciudad Juarez, your I-485 must be pending with INS. Your medical examination will be done in Mexico at the approved doctors for Ciudad Juarez. If your case is going through NVC for normal CP, you can't go to Mexico. If your I-824 has already been approved for particular consulate, say Chennai India, you can't go to Mexico just to shorten your trip. In that later case, you should go to Chennai. |
Foreign Affairs Manual for AC140. |
Section 9 of Foreign Affair Manuals, 42.63, procedure note 4.4
states following about AC140: |
Packet 3 | ||
Packet 3 consists of
When an applicant's priority date is close to becoming current, National Visa
Center(NVC) will mail a packet of forms and information (Packet
3) to the beneficiary (applicant). If requested to do so they will
send this Packet 3 to the applicant's lawyer or to the petitioner
instead of the beneficiary. |
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Packet 4 |
After consulate opens your file, your interview is scheduled(at present about 45-60 days). At that time they send you Packet 4, if the priority date is current. It consists of
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Before leaving US for Interview | ||
Before leaving US for the interview, please have following documents ready for the interview. Remember, more the better. If you have doubt whether particular document may be required or not, just carry it. But don't open your bag unless asked for a specific document.
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In and around consulate |
Mumbai
The area is of the Mumbai consulate is called Warden Road/Kemps
Corner. It is about Rs. 250-300 from the domestic airport in yellow
top taxi. Now a days there are air conditioned taxis in Mumbai. They
are blue in color and are called cool cab. You will find them in
places like airports and huge shopping centers and tourist places.
Otherwise you have to normally call them and ask for one the way we
do here in US. Those cool cab guys have got mobile phones. Prepaid
cool cab from international airport to kemps corner is Rs. 300 at the
night time (That's the time you will land in Mumbai). The nearest
hotel name is also Kemps corner. They charge about Rs. 1500 per day.
Rs. 260 per extra bed. It is not quite nice hotel. Chennai
The US Consulate at Chennai is at the intersection of Mount Road/Anna
Salai and Dr. Radhakrishnan Road(Salai)/Cathedral Road.
Kilpalk is about 10-12 kms away from the consulate and the most popular way is the public transportation. But with no knowledge of regional language, you may want to opt for an auto-rickshaw. It could cost you about Rs. 60-70 each way from the consulate to kilpalk. |
Interview |
Mumbai and General
On the day of the interview, the applicant must bring all of the
documents specified in Packets III and IV and appear at the consulate
at the time specified. Chennai, India
You should go to the consulate 8.00 am. There is no need to wait in
the line with non-immigrant visa seekers. You show the appointment
letter and get in from the same gate from where non-immigrant visa
seekers would get in. By 8.30 you are in the seating area. You get to
be called by your official name not a token number. After some time,
you have to go a separate IV counter and your papers are collected by
an indian officer. As always, you should be polite, courteous to
them. And you should not argue unnecessarily with them. Otherwise
they may feel like in hell and you may have to go through some more
trouble. If have some complications like company name change, merger
or anything out of ordinary, make sure you raise all points of doubts
yourself, as he/she may not aware of all your case details. You will
be asked to pay about Rs. 8000 as application fees at the cash
counter and go back and sit. A contract lady sold soft drinks and
biscuits at exorbitant rates, Rs. 15/ Rs.25 etc right inside the
waiting room. New Delhi, India
Even though applicants are given appointment time for immigrant
interview, the timings do not matter there. Either everyone may be
given appointment at same time, or even if they are at different
times, they don't process applicants according to the given time.
You have to send in line for submitting interview call letters,
making payments, taking oath. Sydney, Australia
You should go there at the time of your appointment. Once they let
you in, the officer checks for all the paperwork and you are asked
to pay the visa application fee. Then you are asked to sit down and
wait until called again. Now the consular officer looks through all
the paperwork. Then you are asked to go and pay the visa issuance
fee. And then again you sit and wait.Everything you submitted is
sealed in an envelope and on top of that, the immigrant visa is
stuck. You are asked to check all the details on the immigrant
visa. And then you are free to go. Hong Kong, China
If you don't receive your interview appointment letter and Packet
4 in time of for the interview, you can send someone to the
consulate with the authorization letter to pick them up for
you. Guangzhou, China
The process is very similar to the process at other posts: pass
the security check, pay the fees, pass the documents to the
consulate local staff, wait for my interview and finally talk to
the visa officer. Interview with the consular officer is very
short.You may be asked very few questions like "What did you study
in college?", "Which company you're working for?", "What kind of
project you're working on?", etc. You would also be asked for
latest non-criminal Notary from China police authority. (It is
valid for only 1 year. It is pretty ease to get a new one, only
takes about 20 days and RMB200. Even if you did not go to China
after you got it and it is more than 1 year since you go it, you
should get the latest one. The local officers may not know all the
immigration laws and hence just follow the procedure.) It is also a
good idea to bring some document about your company, in case the
consulate want to know something about your company. Montreal, Canada
You should line up in front of the consulate at least about 1 hour
before the appointment. After passing through the security check,
you would be sent downstairs with little numbered tags indicating
our order. You may have to stay in that holding room for half an
hour to one hour or more - no bathroom. All those who have anxious
bladders - you might want to avoid coffee or water prior to the
interview. Kuala Lumpur, Malaysia
You should report to the embassy some time earlier than your
appointment time. Upon arrival, you should show the appointment
letter. To actually get into the embassy compound, you have to give
them a piece of identity and then they give you a tag to wear while
in the embassy. They also check you bags at that time and ask you
to leave all electronic items behind. Once you actually get into
the building, you have to go through another check with a metal
detector. London, UK
Information on the consular section of US embassy in UK would be useful for the candidates
applying there. It can be found
here.
Dhaka, Bangladesh
You should not go much earlier than the interview time.
Once in, local Bangladeshi officer would collect your documents. You would be asked
to come after 10-15 minutes t
to pay the visa fee. You can pay either in dollars or in Taka. Then you would be asked to wait for interview.
The interview would be by American officer and he/she would normally be quite polite. You would be asked to
the OF 230 part 2. You may be asked
a few casual questions like: |
Immigrant Visa Refusal |
The alien must demonstrate that the activities he plans to engage
in while in the United states are consistent with the activities
allowed by the type of visa for which he is applying. If the
immigrant visa is denied because of missing documents etc, you
would be allowed to enter to US again. If it is denied under the
grounds of exclusion such as fraud, criminal convictions, alien
smuggling, prior stay in the United States in unlawful status of
more than 180 days followed by a departure, dangerous contagious
illness that presents a threat to public health, illness like AIDS
that makes it likely that they may become a public change in the
future, terrorist, drug trafficker etc, you won't be allowed to
enter US again. That would also happen in the adjustment of status.
It is just that as Adjustment of Status(AOS) takes longer time, you
can stay in US for longer time until you are removed from US
because of AOS denial. |
Enter US as Immigrant |
You don't need to fill I-94 form in the flight. Just the customs
form. You enter US with your immigrant visa, passport, the sealed
blue envelope given by the hospital at the time of the medical
examination and the sealed envelope given by the consulate. At the
port of entry, you will taken to a special room and your passport
will be stamped with I-551 stamp which is a temporary green card,
valid for one year. It indicates the date and port of entry for
admission as a lawful permanent resident of the United States. You
will get the actual plastic green card (which looks just like
driver's license in US) will come in mail within few months. At
port-of-entry, you will also be finger printed(only right hand
index finger) which just takes couple of minutes. When asked to
sign, remember to sign in black pen. If you are say EB3, your
passport will be stamped with E31, your spouse E34 and your
children E35. Similar numbers for other categories. Temporary green
card is as good as permanent green card except that it expires in
one year. If you had already applied for I-485, it does not
matter whether they put the A# number
from I-485 or from immigrant visa on your I-551 stamp. In
actual plastic green card, the A# number
will be from immigrant visa.
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Post Entry |
Welcome to United States as permanent resident. Your plastic green
card would arrive in your mail by normal US mail within 2-3 months.
It would come from the INS service center. On the envelope, INS
writes that do not forward. So if you change your address between
the time you enter as immigrant and you would hopefully get the
plastic card, you should promptly file Change of Address Form ( Form AR-11 ) to INS and follow up
with them to make sure that they have your current mailing
address. |