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

Asked about 1 year ago - 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. Lynne Rogers Feldman

    Contributor Level 18

    9

    Lawyers agree

    Answered . 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. J Charles Ferrari

    Contributor Level 20

    7

    Lawyers agree

    Answered . It is possible.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  3. Alexus Paul Sham

    Contributor Level 20

    8

    Lawyers agree

    Answered . 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... more
  4. Wendy Rebecca Barlow

    Contributor Level 20

    8

    Lawyers agree

    Answered . 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, (... more
  5. Bogdan Enica

    Contributor Level 6

    8

    Lawyers agree

    Answered . 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,... more
  6. F. J. Capriotti III

    Contributor Level 20

    7

    Lawyers agree

    Answered . 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... more
  7. Theodore John Murphy

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . 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... more

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