Green card petitions, whether family or employment based, generally pass through three US immigration agencies, which although independent of each other, closely work together to filter the worthiness of petitioned beneficiaries.

The first agency is USCIS (US Citizenship and Immigration Services, formerly INS), second is NVC (National Visa Center) and third the consular office of a foreign country.

Petitions for relatives or prospective employees are filed with the USCIS along with the non-refundable filing fees. Under family based petitions, the petitioner submits Form I-130 supported by documentary proofs of relationship. On the other hand, before an employer can petition an alien employee, he will have to mail the filled-up Form I-140 with the prerequisite labor certifications, proofs of financial ability to pay the minimum wage, and the required minimum job qualifications of the alien beneficiary, among others.

To process these petitions, USCIS established four service centers to receive petitions under their respective state jurisdictions. For example, petitions from Hawaii and Arizona are submitted to the California Service Center, while petitions from New York and Maryland are submitted to the Vermont Service Center. Processing times, which can be viewed online, vary per service center. Some service centers process I-140s faster than another center.

During processing, USCIS can demand additional documents to further satisfy itself of the regularity and bona fides of the petition. For example, USCIS may ask the petitioning employer for additional financial statements aside from the already submitted Income Tax Returns to prove financial capability. After processing, the USCIS will then mail to the petitioner an approval or denial notice. A denial notice contains the reasons for denial and instructions should the petitioner appeal the decision.

If approved, the case will then be endorsed to NVC. NVC simply performs the ministerial duty of gathering personal and biographic information. Unlike the USCIS, NVC does not perform any adjudicative functions. Among others, the beneficiary has to submit forms, choose their agent in the US, and pay the visa fee bill for himself and his dependents, non-compliance of which will result to a denial. The petition stays with NVC until visas become available to the category to which the petition belongs.

When visas become available, NVC forwards the case to the US Consular Office in the country where the beneficiary resides. In our case, this is the US Embassy in Ermita, Manila. The Embassy will be sending the beneficiary a letter which contains, among others, their date of interview, instructions for medical examination and a list of documents to bring during their interview. Processing time usually takes 6-12 months.

The Embassy can be viewed as America’s last line of defense against undesirable aliens whom USCIS had little chance of investigating during the first stage. While USCIS adjudication is generally petitioner-specific, Embassy on the other hand is beneficiary-specific.

It is imperative that beneficiaries prepare themselves for their interviews because a USCIS approval does not guarantee automatic approval by the US Embassy. For example, an approved spousal petition will not stop the consul from checking whether the marriage is fixed, therefore a sham.  Once the beneficiary passes the interview, then a green card is forthcoming.

When it comes to non-immigrant visas, petitions or applications bypass the NVC. Fiancé and temporary worker petitions still pass through the USCIS. When approved, the approval notice then allows the beneficiary to apply for the fiancé or working visa in the Embassy. But for other non-immigrant visas which don’t require sponsors, such as tourist and investors visa, an applicant can go directly to the Embassy, without ever having to pass through the USCIS and NVC.

This article merely serves as general info that may or may not apply to your case. It is recommended to seek the advice of a US immigration lawyer who can help you on your petition or application. The author is a member of the Philippine and New York Bar. As a New York lawyer, he is authorized to practice US Immigration law. For those interested in getting a US tourist visa, you are invited to attend an in-depth live seminar featuring tips on how to increase your chances for an approval. For more details, please contact Globex Immigration Alliance Services, Telefax 2222702, globexia@gmail.com.