[Green Card] EB-2 NIW National Interest Waiver Application (8) Consular Processing

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Disclaimer.

The content provided in this article is based on personal experience and is for public information purposes only, and it does not constitute legal advice. The information presented herein should not be considered a substitute for professional legal guidance. Immigration laws and regulations are subject to change and vary depending on individual circumstances. For comprehensive and up-to-date legal assistance, it is recommended that you consult a qualified immigration lawyer. The author of this article assumes no responsibility for any action taken or not taken based on the information provided herein.

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(a) AOS or CP? Are you squeezed?

AOS stands for Adjustment of Status, which involves the payment of I-485, which is commonly heard; CP is the Consular Processing.

Adjustment of Status (AOS)

ON THE PRIORITY WEBSITE, THE VISA BULLETIN, WE FIRST SELECT THE LATEST PRIORITY DATE FOR THE CURRENT MONTH, AND BECAUSE THE EB-2 NIW IS A GREEN CARD FOR THE EMPLOYMENT RELATIONSHIP, WE LOOK AT EMPLOYMENT-BASED PREFERENCES.

IF YOU CHOOSE AOS, JUST LOOK AT THE TABLE A. FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES. Once the Final Action Date catches up and becomes Current, the I-485 can be filed. Premium Processing is not currently supported, so you will have to wait at least a few months or even a year after filing your I-485.

Since the author does not use the AOS route for NIW, and since I have introduced the AOS process when I switched to B-2 before, I will not introduce it below. Interested readers can refer to the [UMAA] Application for Transfer of Student Status F-1 to Tourist Status B-2.

Consular Processing (CP)

IF YOU CHOOSE CP, YOU CAN SEE TABLE B. DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS AS WELL AS FORM A. FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES。 The author will explain in detail in the following article.

The immigrant visa petition is obtained by the U.S. Citizenship and Immigration Services (U. Citizenship and Immigration Services). S. Citizenship and Immigration Services (USCIS), the case is forwarded to the National Visa Center (NVC). The NVC will send you an email with instructions on what to do and ask for the payment of the Immigration Visa Fee.

The screenshot below of the CP process is from Travel.State.Gov > U.S. Visas > Immigrate > The Immigrant Visa Process. When you receive an email from NVC, you're in Step 2 NVC Processing.

Consular Processing flowchart

At this time, the Immigration Visa Fee can be delivered online ($345 on 09/30/2023) by following the NVC's email instructions, and the Step 3 Pay Fees will be completed upon payment. Since I am self-petitioned, I can skip Sep 4 and Sep 5 and do not have to pay these documents or the Affidavit of Support Fee for Step 3 Pay Fees.

In about 3 to 5 working days, after the status of the Immigration Visa Fee is converted to PAID, we will come to Step 6 Online Application and submit the DS-260. 

DS-260 stands for The Online Immigrant Visa and Alien Registration Application, which is the U.S. Department of State A form for individuals who have been approved for an immigrant visa petition to apply to enter the United States as a lawful permanent resident. This is an important step in the process of obtaining an immigrant visa.

It is important to note that the DS-260 is specifically for immigrant visa applicants and is not the same as a nonimmigrant visa application form, such as the DS-160 for a tourist visa. Here you can first look at the official DS-260 template to find out what information you need.

The Bureau of Consular Affairs of the U.S. Department of State also provides detailed document specifications U.S. Visa: Reciprocity and Civil Documents by Country > Taiwan for your reference.

Once you've done both, collect the Civil Documents by your nationality and scan them for backup. Depending on the email sent to you by the NVC, you may be asked to upload it to the Consular Electronic Application Center (CEAC), Consular Electronic Application Center or mail it to the NVC. If the NVC asks you to mail a hard copy, the following description will appear in the email sent to you. The author chose to use USPS Priority Mail for delivery.

Submit financial and supporting documents in one package to NVC. NVC's mailing address can be found at https://nvc.state.gov/mail.

Once uploaded or mailed, we complete Step 9 Submit Documents. If you want to know the current processing progress of NVC, you can go to NVC Timeframes. Compared to other parts, the waiting time for the submission of documents to the NVC for review is quite short. When the author checked it on 10/15/2023, there were only cases that had accumulated seven days.

Then go back to the Visa Bulletin website and look at the form B. DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS。 If the DS-260 and Civil Documents submitted to the NVC are successfully approved and RFE is not required, you can schedule an interview on Form B and then follow up with a medical examination, etc.

If you pass the interview, you will have an additional immigrant visa in your passport and you will be able to travel to the U.S. as a lawful permanent resident after Form A. FINAL ACTION DATES FOR EMPLOYMENT-SPONSORED PREFERENCE CASES becomes Current or catches up with your Priority Date (PD). 。 Immigrant visa holders will be screened at a U.S. Customs and Border Protection (CBP) port of entry. If everything is in order, they will be approved as lawful permanent residents and will receive a green card.

Which side should you choose?

In comparison, the CP will be a little faster than the AOS, because the AOS can only deliver the documents after
the Form A catches up, while the CP can enter the country to get a green card. However, if you have other reasons to stay in the U.S. legally, such as H-1B, L-1B, O-1, CPT, etc., you can also consider taking AOS, and there will be no trouble leaving the country.

(2) Beiqi youth? Change of address?

When filling out the DS-260 form for an immigrant visa application, the applicant is typically asked to provide a record of address history since the age of 16. This record is used for background checks, such as the absence of a criminal record, and to determine the applicant's residence and travel history.

In this case, a change of address usually refers to a change in your primary place of residence, such as a change in your home address. Here are some common scenarios that may be considered a change of address:

1. Change your home address: Move from one residence to another, whether within the same city or to a different city or state.
2. Moving Abroad: If you have lived in a foreign country, returning to your home country or moving to another foreign country will be considered a change of address.
3. Temporary accommodation: Living in a temporary or secondary accommodation, such as a holiday home or in a temporary work assignment elsewhere, is generally not necessarily considered a change of address unless it becomes your primary residence.
4. University or university dormitory: If you move to one of these universities and change the address of your accommodation, it will usually be considered a change of address.
5. Transitional Housing: Entering or exiting transitional housing, shelter, or other types of temporary accommodation may be considered a change of address.

When listing your address history on DS-260, it is important to be accurate and detailed. Provide the month and year of residence at each address, the date is not used. Consular officers will verify the applicant's background and immigration history, so it is important to provide a complete and authentic address history.

The following is the format when filling it out. If you move frequently after the age of 16, such as the author's wandering in the north, south, east, and west, it is recommended to organize your address history according to this format first. If you do not complete the application within 15 minutes and proceed to the next step, it will be considered Inactive, and all the addresses entered on this page will disappear. The author wrote here four times before succeeding.

(3) I Will Tell You What I Want. What I really really want.

Singing this lyric reminds you of the famous scene in The Big Bang Theory.

The following are the document requirements provided by that email sent by the NVC. If there is an update to the NVC, remember to follow the email you received before sending it to the NVC.

Since the author is a NIW process, it is a type of Self Petition, and the Signed Affidavit of Support(s) in the third part can be skipped. If you want to select Taiwan for your Country, your Selective Service record is still listed as Unavailable on 09/30/2023 in U.S. Visa: Reciprocity and Civil Documents by Country > Taiwan, so we can skip this document.

What's even more interesting is that Japan and South Korea have military service records that are Available, and I myself have military service records, so I don't know why they are so noted.

Also, U.S. Visa: Reciprocity and Civil Documents by Country > Taiwan indicates that an immigrant visa application requires a copy of the family register. Don't forget!

Comments: Immigrant visa applicants are required to submit a current Household Registration Record as well as a birth certificate.  Applicants who are unable to obtain their birth certificate – for example, those born in Taiwan during the Japanese occupation that ended in 1945, or those who came from mainland China following WWII — may provide their initial Household Registration Record as an alternative to the birth certificate.

An example of the author's case

(4) The family is strict and kind, and the sisters and brothers don't care

In this section, I discussed with the lawyer that the English Household Registration application from the Household Administration Office only needs the parents and the applicant themselves. However, if your brother or sister also has a passed I-140, the situation may not be the same, please consult an immigration lawyer.

(5) Police Certificate

If you want to apply for a police criminal record certificate, please go to the Police Department of the Ministry of Home Affairs, and by the way, let you see what a bilingual Police Certificate looks like.

(6) Birth certificate
in English

After the translated birth certificate is signed by the translator, you can go to the local court or find a private notary public to do legal authentication. You don't have to go to court, remember to bring your ID card and Chinese and English birth certificates. Anyway, it is NT$750 to apply for one to five copies, so it is recommended to make a few more copies and put them up.

Interestingly, however, the following things are mentioned in Scan Documents (state.gov). Therefore, if the interview venue is AIT in Taipei, the birth certificate should not be translated.

Please note that a translation is not required for documents in the language of the country where your visa interview will take place.

(7) Waiting for an interview
that is more stressful than a blind date

Wait for the previous step before the interview is scheduled

AFTER COMPLETING THE DS-260 AND SENDING THE NECESSARY CIVIL DOCUMENTS TO THE NVC, IT'S TIME TO WAIT FOR THE B. DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS TO CATCH UP, AND YOU CAN SCHEDULE YOUR MEDICAL EXAMINATION AND INTERVIEW. Later, if I have any experience in the medical examination and interview, I will share it with you.

The author also has the following articles, please advise.

• [Apply for a Green Card] EB-2 NIW National Interest Waiver Green Card Application Teaching (Zero) Terminology Explanation Petitioner vs Applicant
• [Apply for a Green Card] EB-2 NIW National Interest Waiver Green Card Application Teaching (1) Find a law firm to work with  
• [Apply for a Green Card] EB-2 NIW National Interest Waiver Green Card Application Tutorial (2) Read the Official Application Conditions—1
• [Apply for a Green Card] EB-2 NIW National Interest Waiver Green Card Application Instruction (3) Read the Official Application Conditions—2
• [Apply for a Green Card] EB-2 NIW National Interest Waiver Green Card Application Instruction (4) Writing a Cover Letter—1
• [Apply for a Green Card] EB-2 NIW National Interest Waiver Green Card Application Tutorial (5) Writing a Cover Letter—2
• [Apply for a Green Card] EB-2 NIW National Interest Waiver Green Card Application Teaching (6) Writing a Letter of Recommendation
• [Apply for a Green Card] EB-2 NIW National Interest Waiver Green Card Application Instruction (7) Assembling the NIW I-140 Petition Package
  
• [Apply for a Green Card] EB-2 NIW National Interest Waiver Green Card Application Teaching (8) Consular Processing

Cited Data :

1. The Adjustment of Status for EB2 NIW
   
2. Guide to Consular Processing for EB2 NIW green card
3. A birth certificate that Taiwanese applicants need to submit to apply for U.S. immigration
   
4. 【Life】English version Transcript of household registration, birth certificate, academic certificate Application process
   
5. English Birth Certificate Application & Re-examination|Act gracefully in a panic
   
6. A complete guide to applying for a birth certificate in English (available in English format for download)
   

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Image by  OpenClipart-Vectors from  Pixabay

 

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