QUESTION: I finally have an approved I-130 and my case has been sent to the NVC. What do I do now?
Answer: The National Visa Center (NVC) was created in April 1994, with the vision of centralizing the routine clerical aspects of immigrant visa (IV) processing so that consular sections overseas could concentrate their resources on adjudications. NVC processes all approved IV petitions including follow-to-join applications, as well as some nonimmigrant visa (NIV) petitions (e.g., K-1 and K-3) after they are received from U.S. Citizenship and Immigration Services (USCIS), and retains them until the cases are ready to be forwarded to the consulate abroad.
Question: What is the first thing the NVC does when it gets a case?
Answer: When NVC receives an approved petition from USCIS, the barcode is scanned into the system. The next step is data entry, when an NVC case number is assigned to each case. For the rest of the processing at NVC, and for processing at post, the NVC case number will be the main identifier.
Question: How is a case assigned?
Answer: The best way to understand case number assignment is through the example below. The case number LND 2009536018 consists of a three-letter code indicating which U.S. embassy or consulate will handle the case—in this case, London. The 2009 refers to the year in which the case was created at NVC (not always the same as the “priority date” year). The next three digits are the Julian date plus 500; 536 would indicate that this case was created on the 36th day of the year, or February 5. The final three digits, 018, show that this was the 18th case created for London on February 5, 2009.
Once the case number exists, a file folder is created, and the case undergoes a quality control check to ensure that all the data has been entered accurately. Once in NVC system, the case will then be processed for the consular post abroad. Any principal applicant on a case that does not have an attorney of record listed at the time of initial processing will be sent a letter containing the Agent of Choice, Form DS-3032. This form is used to identify a mailing address for all future NVC and consular post mailings. The goal of this form is to have principal applicants from countries where the mail service is not dependable choose someone who can receive mail reliably.
Question: I understand that I will receive a fee bill. What is this?
Answer: Approximately two to four weeks after an agent of choice or attorney has been identified, NVC e-mails fee bills for the IV application and for NVC review of the I-864 Affidavit of Support (AOS), if applicable. These fees can be paid online by visiting http://immigrantvisas.state.gov and clicking Fee Collection.
For cases subject to retrogression of priority date, NVC sets qualifying dates for the petitions, allowing six to nine months for collection of fee bills and documents. A fee bill and/or AOS submitted prior to the retrogression will continue to remain valid despite the fact that the case may remain inactive for several years. It is important to remember that, once fee bills have been issued, you or your attorney must remain in contact with NVC. If one year passes without contact from the attorney or applicant NVC will notify the applicant of termination of IV registration, all fees will have to be paid again and documents resubmitted.
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Brian D. Lerner is an Immigration and Naturalization Attorney. He is a Certified Specialist in Immigration and Nationality Law as Certified by the State Bar of California, Board of Legal Specialization. Mr. Lerner is married to a Filipina and has been helping Filipinos immigrate to the United States for nearly 20 years. His firm represents clients in Deportation/Removal proceedings, does Waivers, Appeals, Naturalization, Adjustments, Criminal Relief, Citizenship, Consulate Processing, Work Permits, Investment Visas and all other areas of Immigration and Naturalization Law. You can go online to http://www.californiaimmigration.us/ and get a free consultation or call us at (562) 495-0554 for an in-person office consultation.
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