On Aug 6, 2019, we reported on the three ways an immigrant visa applicant can submit civil documents, affidavits of support and other supporting documents to National Visa Center (NVC). This article can be found here. In the current article, we discuss the submission of documents at a U.S. consular post in India, based on an immigrant petition that has been accepted and approved by the USCIS International Field Office in New Delhi.

Certain immigrant petitions can be filed at the USCIS International Field Office in New Delhi. This process is called direct consular filing (DCF). Once an immigrant petition is approved by the USCIS International Field Office, the applicant must assemble and carry all supporting civil documents and an affidavit of support (form I-864) for his/her immigrant visa to the U.S. Embassy, New Delhi or the U.S. Consulate, Mumbai. These are the only two consular posts that process immigrant visa applications in India.

Form I-864 is required from the petitioner and/or a joint-sponsor (form I-864A) to overcome the “presumption of public charge” pursuant to INA 212(a)(4)(A). This form needs to be submitted along with relevant supporting financial documents. The burden of proof to evidence eligibility for receiving an immigrant visa lies on the applicant. Failure to present all the supporting documents will lead to the immigrant visa application being refused pursuant to INA 221(g). From the date of issuance of INA 221(g), the applicant will generally have one year to submit all supporting documents.  This article is a reminder to immigrant visa applicants to assemble and carry all relevant documents to ensure that there is no delay in processing and issuance of their immigrant visa.  Attorneys at MISPL have experience helping both first time applicants and applicants who already received INA 221(g) refusals secure immigrant visas in a quick and timely manner. Should you need any help, please contact one of our representatives for assistance with preparing your immigrant visa application, assembling and presenting all the required supporting documents.