Immigration Blog

September 3, 2020

National Visa Center Expedite Requests For Consular Process Cases

Expedite

If your relative needs to process their case outside the USA, once the family petition (i-130) is approved, the case is sent to the National Visa Center which is located in New Hampshire.  You should also get an email with your case number and invoice number.

Requesting the Expedite

In order to expedite your case, you must have a hardship reason to put your case before that of others.  You may request an expedite at nvcexpedite@state.gov .  You should:

  1. List the NVC case number & invoice number in the subject line and in the body of the email.
  2. List NVC Expedite Request in the subject line and in the body of the email.
  3. List the beneficiary’s full name and date of birth in the body of the email.
  4. List the petitioner’s full name and date of birth in the body of the email.
  5. State why you want an expedite in the body of the email.
  6. List at least 2 phone numbers where the beneficiary may be contacted.
  7. Attach the i-130 approval notice and any other documents to support your expedite request:  a doctor’s letter, a psychological evaluation.

The NVC prepares the case for the USA Consulate abroad.  By expediting a case, the file goes directly to the USA Embassy abroad and skips the NVC process.  Before requesting an expedite, we recommend that you pay the $445 NVC fees online, fill out the DS260 and upload the civil documents, along with uploading the affidavit of support (i864) and uploading the tax returns.  These documents must be prepared before the interview at the consulate abroad.  

Reasons to request an Expedite:

  1.  Health of the Petitioner (it must be a serious medical condition)
  2. Having a psychological evaluation on trauma the beneficiary has experienced in their home country (such as sexual abuse)
  3. Financial hardship
  4. A child aging out (turning 21 years old) (note the Child Protection Act may protect the beneficiary from aging out)
  5. Delay by the NVC
  6. The beneficiary needing to care for the Petitioner due to a medical condition
  7. Pregnancy of the beneficiary nearing term
  8. Any other hardship factors.

If the Expedite Request is denied, the case continues to process normally and there are significant backlogs right now.

If the Request is expedited, there is typically 2-4 weeks notice for the interview at the consulate abroad.  You must be ready with all documents and forms or the case will be delayed.  If the case is expedited without conditions, the file is sent directly to the consulate for an interview.  If the expedite request is approved with conditions, the conditions generally are to complete the fees and forms on the NVC website first before the file is sent to the consulate abroad.  When an expedite is approved, typically the beneficiary is notified and an email arrives with specific instructions.  The NVC telephone number is (603)334-0700.

Our clients have also had success with obtaining an expedite by calling the NVC, requesting an expedite, and detailing the reasons for an expedite.  We have also used the ‘ask nvc’ page to request an expedite.

Preparing For the Interview Abroad

It’s important to be ready for the interview and to bring the following documents:

  1.  The consulate appointment letter
  2. The DS260 confirmation page
  3. The beneficiary’s passport and it must be valid for a minimum of 6 months
  4. Medical Results envelope sealed (if the medical examiner gives it to you / it also may be sent to the consulate directly by the medical examiner):  note you must schedule the medical appointment at a clinic approved by the consulate
  5. 3 USA passport style photos (2 inches x 2 inches and in color)
  6. Police clearances from any place you have lived at the age 16 or later
  7. Certified birth certificates with English translation and certification if applicable
  8. Certified marriage certificate with English translation and certification if applicable
  9. Certified divorce decrees if applicable
  10. Proof of relationship:  photos, joint bills, joint accounts, children’s birth certificates
  11. Affidavit of support (form i864) with supporting documents, tax transcripts, tax returns, W2s and current letter of employment.  Please make sure you have this in order along with any co-sponsor documentation if needed
  12. Form DS 5540 if the beneficiary has lived in the USA
  13. If you are not working with an attorney, you should seek advice before leaving the USA.  We have had potential clients call in ready to go to their interview, but they have not gotten a provisional waiver (i601a) approved before leaving the USA for their unlawful time here.  SEE INA 212a9b.  Significant delays will occur if this waiver is needed but not filed until after you leave the USA.  Certain criminal convictions will cause delays or bar reentry.  Bringing in family members unlawfully may also require an ‘alien smuggling’ waiver, if a waiver is available, and this will also cause unexpected delays.  There are numerous reasons a waiver may be needed.  There is also the permanent bar.  See INA 212a9c or a lifetime bar for false claim to USA citizenship.

 

Call Us For a Free Consultation

Due to significant delays under the Trump Administration regarding consular processing, everyone wants an expedite, but there must be valid reasons for an expedite.  We have handled hundreds, if not thousands of cases over the 21 years I have practiced immigration law, each year there are new hurdles to overcome.  Please call us for a free telephone consultation to see if we can help you (866) 521-6422.