Today, the team of immigration lawyers at McBean Law will talk about the I-130 petition and when the NVC will contact you after your I-130 gets approved.
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LaToya McBean Pompy is an immigration lawyer who immigrated to the United States from Jamaica. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of New York immigration lawyers who are here to help you.
When Will The NVC Contact You?
If USCIS believes that your case is slated for an embassy process outside the United States, they will send your approved I-130 family petition to the National Visa Center (NVC) for further processing. This is usually done 4-8 weeks after your petition is approved with USCIS.
After the NVC receives your petition, they will contact you with a case creation letter in the form of an email.
They’re going to tell you what your case number is, what your invoice number is, and whether or not you can move forward with the process with them now or whether you’re going to have to wait until later.
What If It Takes More Than 8 Weeks?
What happens if it’s been more than eight weeks? Let’s say it’s been 12 weeks.
Well, if it’s been that long and you have not yet heard from the Visa Center, what you can do is contact them, submit a public inquiry form on their website.
(NVC public inquiry form – https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/ask-nvc.html)
Keep in mind that you’re not going to have your NVC case number yet because they haven’t notified you what that number is. So, use your USCIS I-130 approved receipt number, and then fill out the other information, making sure to tell them that your I-130 has been approved and you have not yet gotten your NVC case creation letter.
After you submit it, one of two things will happen.
They will either let you know that they do not have your case. If this happens, you need to reach out to USCIS and find out what’s happening on their end. Why was it delayed? Why hasn’t USCIS sent your case to the NVC? The other outcome is that the NVC will send you your case creation letter, and you will be back on track in your immigration journey.
What Happens After The NVC Sends You The Case Creation Letter?
So, what happens after your case goes over to the Visa Center and you get that case creation letter?
If your priority date is current, which means that a VISA is now available for you, you may proceed with all of those steps at the Visa Center. You will receive a letter telling you that your priority date is current and that you can go ahead with the next steps.
This means that your account will be opened up to you, and you can go ahead with paying your fees and working on your DS-260 Visa application. You’ll also be able to do an I-864 affidavit of support and submit that to them.
You’ll also be able to submit your police clearance record and some other documents that they’re going to require from you. And, after you have submitted all of those documents to the Visa Center, they’re going to mark your case as documentary qualified. Documentary Qualified status means that you’re now in the queue to be interviewed at the US Embassy locally.
On the other hand, if your priority date is not current you will have to wait. So, you’re in a family preference system that will require you to wait several years in order for you to take those steps that we discussed above.
We know that it can be very frustrating to be caught up in the backlog, but there’s nothing that the Visa Center can do to move your case forward if your visa is not yet available for you. So, this truly is a backlog problem. It’s a visa availability problem. You’ll have to wait until your priority date becomes current before you’re able to proceed with your case.
What If You’re An Immediate Relative Of A U.S. Citizen?
So, what happens if you’re an immediate relative of a U.S. citizen?
These individuals will not have to wait for any significantly lengthy period of time at the National Visa Center because a visa is always available for them.
Of course, there is a wait for some people. If immediate relatives are waiting for a very long time at the National Visa Center level, it’s because there is a backlog at the U.S. Embassy locally. So, they would have to wait until they get an interview date, unless they can find a reason to submit an expedite request.
Planning Your Roadmap to Success
Whether you are seeking assistance with visa applications, green cards, citizenship, or any other immigration matter, we are here to help you every step of the way. Our mission is not just to provide legal services but to empower our clients with the knowledge and resources they need to achieve their immigration goals. With proper legal counsel, persistent preparation, and meticulous attention to detail, your success can become reality too. Partner with professionals like McBean Law to chart your visa journey’s triumph.
If you are interested in more topics like this, please consider subscribing to our newsletter to get weekly updates on immigration news, relevant topics, and more! You can also find us on YouTube where we do weekly Q&A sessions.
LaToya McBean Pompy is an immigration lawyer who immigrated to the United States from Jamaica. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of New York immigration lawyers who are here to help you.
