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Green Card, USCIS, NVC, Consular Processing, Priority Date

San Jose, CA |

Let's say a sibling I-130 petition of some beneficiary, in some foreign country, was approved. If I understand the process correctly, each (successful) application moves from USCIS, then to National Visa Center (NVC), then finally to consular processing. Is it true that, due to the enormous time lag, for some petition categories, between the initial approval of the petition by the USCIS and consular processing---waiting for priority dates to become current---two police certificate have to be requested, one for when NVC receives the application from USCIS, and another one for when the local consulate receives the application from NVC for consular processing?

Attorney Answers 7


  1. it depends on the country. Some Police Certificates ar evalid for a year some for 90 days. These are not submitted until just before the consular interview to NVC for most countries. There is a lot of variance in consular requirements.

    --
    Lynne R. Feldman, Attorney at Law
    Concentrating in Immigration Law

    2221 Camino Del Rio South, Suite 201
    San Diego, CA 92108 | (619) 299-9600
    Fax: (619) 923-3277
    website: www.immigrateme.com

    Former Adjunct Professor -- Immigration law
    University of Illinois College of Law


  2. It is definitely possible as certain police clearances expire in a short duration.

    Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.


  3. It is possible.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  4. Once the I-130 is approved the file is transferred to the National Visa Center for further processing. You will receive notification that the case has been transferred and a case number. However, unless the priority date is current there will be no further processing. It is important to apprise the National Visa Center of any changes in contact information. Once the priority date becomes current, the beneficiary will be asked to complete the visa application and submit supporting evidence such as police clearances. There are times the beneficiary has to obtain a second police clearance depending upon the validity of the document.

    Wendy R. Barlow, Esq, The Law Offices of Grinberg & Segal, P.L.L.C., 111 Broadway, Suite 1306, New York NY 10006, (866) 456-­8654, wendy@myatorneyusa.com, www.myattorneyusa.com. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in the answer without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed attorney. Provision of information on this website does not create an attorney-client relationship between you and The Law Offices of Grinberg & Segal, P.L.L.C., nor is it intended to do so.


  5. Even if it might not be the rule, it is definitely plausible to anticipate that a police certificate would expire prior to the file being received at the NVC. It is the applicant's responsibility to maintain a current certificate on file. Here are two links (one from Canada and one from Australia) on how to obtain police certificates in most of the countries.

    This answer is provided for general education purposes only and is not intended to provide, nor does it provide, any legal advice. By viewing this answer you understand and expressly agree that there is no attorney-client relationship between you and the attorney who authored the answer. Should you need legal advice, please contact a licensed attorney who practices in this area. Readers of this answer and the information contained herein should not act upon any information contained in this answer without seeking legal counsel.


  6. Sibling papers take more than 10 years.

    Don't get police clearances until it becomes closer to being current.

    Do hire an attorney to help with the process.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  7. You understand the process correctly.

    The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.

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