IFS Consular Processing Procedures 3 — Questions and Answers
Question 1: What happens to an approved immigrant visa petition (I-130) after USCIS approval when the beneficiary is abroad and no visa number is immediately available?
- USCIS holds the petition until a visa number becomes current
- The petition is forwarded to the National Visa Center for processing (Correct answer)
- The consulate automatically schedules an interview
- The beneficiary must file a new petition
Correct answer: The petition is forwarded to the National Visa Center for processing
After USCIS approves an I-130, the approved petition is sent to NVC, which manages the case until a visa number becomes available and the case is ready for consular interview.
Question 2: A consular officer finds that an immigrant visa applicant is inadmissible under INA 212(a). What option may allow the applicant to still obtain the visa?
- Filing Form I-290B appeal with USCIS
- Applying for a waiver of inadmissibility (Correct answer)
- Requesting consular reconsideration within 90 days
- Submitting a Motion to Reopen at the consulate
Correct answer: Applying for a waiver of inadmissibility
Many grounds of inadmissibility under INA 212(a) can be overcome by applying for a waiver, such as Form I-601 (Application for Waiver of Grounds of Inadmissibility).
Question 3: Which affidavit of support form is required for most family-based immigrant visa applicants to demonstrate the petitioner meets the financial requirements?
- Form I-864A
- Form I-864 (Correct answer)
- Form I-134
- Form I-944
Correct answer: Form I-864
Form I-864 (Affidavit of Support Under Section 213A of the INA) is the legally enforceable contract required for most family-based and some employment-based immigrant visas.
Question 4: What is the purpose of the 'Diversity Visa Lottery' program managed in part through consular processing?
- To select individuals from underrepresented countries for immigrant visas by random selection (Correct answer)
- To allocate employment-based visas to diverse industries
- To prioritize asylum seekers from conflict regions
- To fast-track family reunification for underrepresented nationalities
Correct answer: To select individuals from underrepresented countries for immigrant visas by random selection
The Diversity Immigrant Visa (DV) program makes up to 55,000 visas available annually through random selection to nationals of countries with historically low immigration to the U.S.
Question 5: When a U.S. consulate is unable to perform a required service due to closure or emergency, what is the process called when applicants are referred to another consulate?
- Consular jurisdiction transfer
- Third-country processing (Correct answer)
- Emergency visa processing
- Reciprocal consular services
Correct answer: Third-country processing
Third-country processing allows applicants to apply for a U.S. visa at a consulate in a country other than their home country when their home consulate is closed or unavailable.
Question 6: In consular processing, what does 'administrative processing' following an interview typically indicate?
- The visa has been approved and is being printed
- Additional security or background checks are being conducted (Correct answer)
- The applicant's medical exam results are being reviewed
- The petition is being re-adjudicated by USCIS
Correct answer: Additional security or background checks are being conducted
Administrative processing indicates the consulate is conducting additional security clearances, background checks, or interagency review before making a final visa determination.
Question 7: Which State Department cable system do U.S. consulates use to request USCIS reconsideration of an approved petition?
- CLAIMS cable
- National Benefits Center memo
- Visas Viper cable
- Advisory Opinion Request (Correct answer)
Correct answer: Advisory Opinion Request
A consular officer may send an Advisory Opinion request to the State Department's Visa Office when guidance is needed on a complex legal issue affecting a visa application.
IFS Consular Processing Procedures 3
What happens to an approved immigrant visa petition (I-130) after USCIS approval when the beneficiary is abroad and no visa number is immediately available?