IFS Consular Processing Procedures 5 — Questions and Answers
Question 1: When a principal immigrant visa applicant is approved, which family members may be eligible to receive derivative immigrant visas?
- Spouse and unmarried children under 21 only (Correct answer)
- Spouse, unmarried children under 21, and parents
- All immediate family members including siblings
- Spouse and children under 18 only
Correct answer: Spouse and unmarried children under 21 only
Derivative immigrant visas are available to the principal applicant's spouse and unmarried children under 21 who accompany or follow-to-join the principal immigrant.
Question 2: What is the 'Doctrine of Consular Nonreviewability' as it applies to U.S. consular visa decisions?
- Consulates cannot review their own prior decisions
- Federal courts generally cannot review a consular officer's visa refusal on the merits (Correct answer)
- USCIS cannot override a consular visa denial
- Visa applicants have no right to know reasons for refusal
Correct answer: Federal courts generally cannot review a consular officer's visa refusal on the merits
Under the doctrine of consular nonreviewability, federal courts generally lack jurisdiction to review a consular officer's decision to deny a visa, with very narrow constitutional exceptions.
Question 3: A K-1 fiancé(e) visa applicant enters the U.S. and marries the U.S. citizen petitioner. What is the next step to obtain lawful permanent residence?
- The applicant must return abroad and complete consular processing
- The applicant files Form I-485 (Adjustment of Status) with USCIS (Correct answer)
- The petitioner files a new I-130 petition for the spouse
- The applicant applies for an extension of K-1 status
Correct answer: The applicant files Form I-485 (Adjustment of Status) with USCIS
After marrying the U.S. citizen within 90 days of K-1 entry, the beneficiary adjusts status to LPR by filing Form I-485 with USCIS without returning abroad.
Question 4: Under the Adam Walsh Act, what restriction applies when a U.S. citizen petitioner has been convicted of certain sex offenses against a minor?
- The petitioner must wait 10 years before filing any immigration petition
- USCIS may deny the I-130 or I-129F unless the Secretary of Homeland Security determines the petitioner poses no risk (Correct answer)
- The petitioner is permanently barred from sponsoring any immigrant
- The consulate automatically rejects the visa application without USCIS involvement
Correct answer: USCIS may deny the I-130 or I-129F unless the Secretary of Homeland Security determines the petitioner poses no risk
The Adam Walsh Act bars USCIS from approving certain family-based petitions filed by sex offenders unless the Secretary of DHS affirmatively determines the petitioner presents no risk to the beneficiary.
Question 5: What is the purpose of the NVC's 'Invoice ID Number' (IIN) in the immigrant visa process?
- It is the applicant's alien registration number assigned by USCIS
- It identifies the case for fee payment and document submission on the CEAC portal (Correct answer)
- It is the consulate's internal tracking number for interview scheduling
- It is the priority date confirmation number from the Visa Bulletin
Correct answer: It identifies the case for fee payment and document submission on the CEAC portal
The NVC Invoice ID Number (IIN) is a unique identifier used by applicants to pay fees and submit documents through the Consular Electronic Application Center (CEAC) portal.
Question 6: Which of the following is NOT a civil document typically required by the NVC for family-based immigrant visa processing?
- Birth certificate of the principal applicant
- Police clearance certificates from countries of residence
- Form I-864 Affidavit of Support from the petitioner
- Form I-751 Petition to Remove Conditions on Residence (Correct answer)
Correct answer: Form I-751 Petition to Remove Conditions on Residence
Form I-751 is filed after admission as a conditional permanent resident to remove conditions; it is not a consular processing document required by NVC during immigrant visa application.
Question 7: What is the significance of an immigrant visa applicant's 'priority date' being 'current' on the Visa Bulletin?
- The applicant's petition was just filed with USCIS
- A visa number is immediately available and the case can proceed to final processing or admission (Correct answer)
- The applicant must update their DS-260 within 30 days
- NVC has received the approved petition from USCIS
Correct answer: A visa number is immediately available and the case can proceed to final processing or admission
When a priority date is 'current,' it means an immigrant visa number is available for that preference category and country of chargeability, allowing the case to advance to final interview or entry.
IFS Consular Processing Procedures 5
When a principal immigrant visa applicant is approved, which family members may be eligible to receive derivative immigrant visas?