1. What is the role of the National Visa Center (NVC) in the provisional unlawful presence waiver process?
The National Visa Center (NVC) is a part of the U.S. Department of State and serves as an intermediary between applicants and U.S. embassies and consulates for the processing of immigrant visa applications. The NVC plays an important role in the provisional unlawful presence waiver process by reviewing applications, collecting required documents, and forwarding them to USCIS for adjudication. The NVC also provides information and instructions to applicants regarding their immigrant visa application process.
2. How does the NVC coordinate with USCIS to process provisional unlawful presence waivers?
The National Visa Center (NVC) coordinates with USCIS to process provisional unlawful presence waivers by helping to ensure that all required information and documents are collected from the applicant, including the filing fee and the respondent’s Immigrant Visa and Alien Registration Application (Form I-130) or Petition for Alien Relative (Form I-130A). The NVC then transmits this information to USCIS. Once USCIS reviews and approves the application, the NVC will then proceed with processing the immigrant visa application.
3. What documents does the NVC require for a provisional unlawful presence waiver application?
The NVC requires the following documents for a provisional unlawful presence waiver application:
– Form I-601A, Application for Provisional Unlawful Presence Waiver
– Valid passport
– Two passport-style photos
– Birth certificate
– Form I-864, Affidavit of Support from petitioner
– Evidence of family relationship (marriage certificate or birth certificate of children)
– Proof of U.S. citizen petitioner’s income (e.g., most recent U.S. tax return)
– Medical examination report
– Evidence of any additional required waivers (e.g., if applicable, evidence of extreme hardship or evidence of past criminal history)
4. How does the NVC collect fees for a provisional unlawful presence waiver application?
The NVC collects fees for a provisional unlawful presence waiver application online through the Department of State’s website. Applicants must pay their filing fee online with a credit or debit card, or by using their bank’s online bill payment service. They may also pay the fee at an authorized U.S. Embassy or Consulate office, or through Western Union Quick Pay if they are outside the United States.
5. How does the NVC communicate with applicants regarding their provisional unlawful presence waiver applications?
The NVC will communicate with applicants regarding their provisional unlawful presence waiver applications via email, mail, or telephone. It may also provide follow-up and other information through the USCIS Contact Center or its website.
6. What is the timeline for processing a provisional unlawful presence waiver application through the NVC?
The timeline for processing a provisional unlawful presence waiver application through the NVC is as follows:
1. Submitting Complete Packet: Once all required documents and forms are collected and the packet is complete, it can be submitted to the NVC.
2. Receiving Confirmation from NVC: The NVC will send a confirmation email once the packet is received.
3. NVC Issues Notice of Action (NOA) 1: The NOA1 is a letter sent by the NVC to notify applicants that their application has been accepted and is being processed. This usually takes 3-4 weeks after the packet is received.
4. Biometrics Appointment: Depending on location, applicants must attend a biometrics appointment at an Application Support Center (ASC) where fingerprints will be taken and a photo will be taken for identity confirmation.
5. USCIS Issues Notice of Action (NOA) 2: The NOA2 is a letter sent by USCIS that notifies applicants that their application has been approved and they have been granted a provisional unlawful presence waiver. This typically takes 2-3 weeks after the biometrics appointment.
6. Going to Interview at U.S. Embassy/Consulate: Once the waiver has been approved, applicants must submit additional information to the U.S. embassy/consulate in their home country and attend an immigrant visa interview. This typically takes 2-3 weeks after the NOA2 has been issued.
7. Receiving Visa: If approved, applicants will receive their immigrant visa shortly after their interview at the U.S. embassy/consulate in their home country.
7. What type of information does the NVC provide to applicants regarding their provisional unlawful presence waiver applications?
The NVC provides information about the status of a provisional unlawful presence waiver application, including receipt of the application, administrative processing of the application, and any decision made on the application. The NVC may also provide notice of an interview or hearing, if necessary.
8. Does the NVC provide support or guidance to applicants during the process of submitting a provisional unlawful presence waiver application?
No, the National Visa Center does not provide support or guidance to applicants during the process of submitting a provisional unlawful presence waiver application. Applicants should consult an appropriate legal practitioner or accredited representative, or contact the U.S. Citizenship and Immigration Services with any questions regarding a provisional unlawful presence waiver application.
9. Does the NVC provide assistance to applicants in obtaining necessary documents and forms for their provisional unlawful presence waiver applications?
No, the NVC does not provide assistance in obtaining documents and forms for provisional unlawful presence waiver applications. Applicants must contact the appropriate government agency or organization in order to obtain the necessary documents and forms.
10. How is the NVC involved in confirming an applicant’s eligibility for a provisional unlawful presence waiver?
The NVC is responsible for receiving the completed provisional unlawful presence waiver application and all supporting documents from USCIS. The NVC will review the application and documents to ensure they meet the required eligibility criteria. Once the review is complete, the NVC will forward the application to the US Embassy or Consulate abroad for a final decision.
11. Does the NVC provide any additional services to applicants in need of a provisional unlawful presence waiver?
No, the National Visa Center (NVC) does not provide any additional services to applicants in need of a provisional unlawful presence waiver. The NVC’s role in the process is to collect and review the required documents necessary for the application, and then forward the application to the U.S. Citizenship and Immigration Services (USCIS) for review and adjudication. The USCIS is responsible for adjudicating all applications for provisional unlawful presence waivers.
12. Is there a fee associated with submitting a provisional unlawful presence waiver application through the NVC?
No, there is no fee associated with submitting a provisional unlawful presence waiver application through the NVC. However, there are certain fees associated with the rest of the process, such as visa application processing fees and immigrant visa fees.
13. How long does it typically take for the NVC to process a provisional unlawful presence waiver application?
The NVC typically processes provisional unlawful presence waiver applications within six months from the time a completed application is received.
14. What type of final decision is given by the NVC once an applicant’s provisional unlawful presence waiver is approved or denied?
The final decision from the NVC once an applicant’s provisional unlawful presence waiver is approved or denied is an immigrant visa issuance or denial.
15. Are there any special circumstances in which an applicant may need to contact the NVC directly regarding their application for a provisional unlawful presence waiver?
Yes. Applicants may need to contact the NVC directly if they have been unable to provide the necessary documentation, are awaiting the receipt of a necessary document, or if there is an issue with their Form I-601A application.
16. Does the NVC provide any resources or other information to assist applicants in understanding the requirements of a provisional unlawful presence waiver?
Yes. The NVC provides resources to assist applicants in understanding the requirements of a provisional unlawful presence waiver, including an eligibility checklist, an overview of the process, and helpful FAQs. Additionally, the NVC offers a free webinar series that covers all aspects of the provisional unlawful presence waiver process.
17. How does the NVC keep track of an applicant’s progress throughout the process of applying for a provisional unlawful presence waiver?
The NVC keeps track of an applicant’s progress throughout the process of applying for a provisional unlawful presence waiver by providing regular updates on the applicant’s case status, including when documents have been received, reviewed, and approved. The applicant will also receive notifications when their visa interview is scheduled. The NVC website also provides an online case status system where applicants can check their progress and receive important information.
18. Can an applicant check on their status or receive updates from the NVC regarding their provisional unlawful presence waiver application?
Yes. Applicants can check the status of their provisional unlawful presence waiver application through the Consular Electronic Application Center (CEAC). They can also receive updates from the NVC through email notifications.
19. Does the NVC provide any tutorials or other guidance on how to complete and submit a provisional unlawful presence waiver application form correctly?
Yes, the NVC provides various resources to guide applicants through the provisional unlawful presence waiver application process. These include an online tutorial and a User’s Guide. Additionally, applicants can contact the NVC for additional assistance and information.
20. Is there any way to expedite a provisional unlawful presence waiver application through the NVC if needed?
No, the National Visa Center (NVC) does not have the authority to expedite a provisional unlawful presence waiver application. The U.S. Citizenship and Immigration Services (USCIS) is the only agency authorized to accept, process, and approve waivers.