Immigration law delegates the responsibility for issuance or refusal of visas to consular officers overseas. They have the final say on all visa cases.
Who can Influence the Consular Officer to Reverse a Decision?
By regulation the U.S. Department of State has authority to review consular decisions, but this authority is limited to the interpretation of law, as contrasted to determinations of facts. An applicant can influence the post to change a prior visa denial only through the presentation of new convincing evidence of a different determination of facts.
For more information concerning visa denials and ineligibility waivers, please visit the State Department website.
After the Visa is Approved
- All applicants who have their immigrant visas issued will have their passports with visas delivered via ASC. Applicants may choose to receive their document at home or other designated address or pick-up at the nearest ASC branch. There is no pick-up at the Consulate. The ASC will keep the document for 30 days only. Make sure you collect your document before this time frame expire
- Applicants who choose to have their document delivery at home or other designated address will be instructed by the scheduling system on how to proceed.
- For any information on the delivery of passports with visas please contact ASC. Please check ASC contacts here.
Notes: In the cases where applicants receive the package with the immigrant visa, they should only open the outer packaging and leave the internal manila (brown) envelope SEALED. If the manila envelope is damaged, applicants will have to return the envelope with the documents to the consulate for it to be checked and sealed again.
Please check all visa data carefully, including the expiration date.
Most immigrant visa holders must pay a USCIS Immigrant Fee before traveling to the United States. The USCIS website has more details on exceptions and on how to pay the fee. To verify the amount of the USCIS Immigration Fee, click here.
The dependents of Family Preference, Employment Preference or a K visa holder cannot enter the U.S. before the principal beneficiary has entered (dependents include spouses and unmarried children under the age of 21 that were included in the same visa petition). In “Immediate Relative” cases (i.e., spouses of U.S. citizens and children of U.S. citizens who are unmarried and under the age of 21) this rule does not apply as each beneficiary has a separate petition.
The maximum validity of an immigrant or K visa is usually 180 days from the date of the medical examination. In most cases, this means that the immigrant visa is valid for less than 180 days. However, the visa may be valid for less time than that, depending on other factors such as: certain medical diagnoses, the validity of your passport, or the birthday of applicants who are about to turn 21. Under all circumstances, the expiration date written on your visa is the maximum amount of time the visa is valid. There are no extensions of immigrant visa validity. If you do not enter the United States before your immigrant visa expires, please contact us by e-mail at firstname.lastname@example.org. We will advise you as to how to proceed based on your situation.
As you complete the process of seeking an immigrant visa for your child, please note that your child may benefit from the provisions of the “Child Citizenship Act of 2000”. This law, effective on February 27, 2001, facilitates the acquisition of United States citizenship for the foreign-born children (both biological and adopted) of United States citizen parents when those children do not acquire United States citizenship at birth.
Under this law, children automatically acquire United States citizenship if all of the following conditions have been met:
- One parent is a U.S. citizen, by birth or through naturalization.
- The child is under the age of eighteen.
- And the child is residing in the United States pursuant to a lawful admission as a permanent resident alien in the legal and physical custody of the American citizen parent.
Adopted children must meet the requirements of either Section 101(b)(1)(E) or Section 101(b)(1)(F) of the Immigration and Nationality Act. Under this law, U.S. citizenship becomes effective on the day the last of the foregoing conditions have met. Thus, U.S. citizenship will not date back to your child’s date of birth.
Although U.S. citizenship is conferred automatically with respect to those who qualify, you nonetheless may want to obtain documentary proof of your child’s status as an U.S. citizen thereby making his/her acquisition of U.S. citizenship a matter of record.
After entry into the United States and after your child’s admission for permanent residence is accepted, you may take the completed application to any U.S. passport agency or any clerk of court or post office that is authorized to accept such applications. As proof that your child has complied with the third condition cited above, it is important to present the child’s Brazilian passport containing the Department of Homeland Security/ Bureau of Citizenship and Immigration Services (DHS/USCIS) endorsement made at the time of their initial admission into the United States as an immigrant. For more information on the U.S. passport application process, please consult the Department of State’s website at http://www.state.gov
You can also document your child’s citizenship by applying at USCIS for a certificate of citizenship. More information on Certificates of Citizenship is available here: http://www.uscis.gov. Please note, however, that a Certificate of Citizenship is not a travel document and cannot be used in lieu of a U.S. passport.
The Consular Officer may require additional information from an applicant to determine whether they meet the qualifications for a visa. If the Consul determines you need to submit additional information, your visa will be refused under section 221(g) of the Immigration and Nationality Act.
Section 221(g) does not mean that the visa has been refused permanently. It means that more action is required before a final decision can be made regarding that specific case.
How to send the requested documents:
You must schedule an appointment to deliver the documents to any ASC branch. To schedule an appointment, access the ACS website, sign into your account and select the link “Consular Section instructed me to send more documents“. The ASC will forward the documents to the Consulate for review.
Note: For electronic cases, the pending documents should be uploaded into the online Consular Electronic Application Center (CEAC) at https://ceac.state.gov/IV/Login.aspx. It will need the case number and the invoice number. Both numbers are on the letter received from NVC. If the pending document needs to be verified as original, in addition to scanning it, please deliver the original or a certified copy to any ASC branch by scheduling an appointment.
Administrative Processing Information
Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a consular officer. When administrative processing is required, the timing will vary based on individual circumstances of each case.
Important Notice: Before making inquiries about status of administrative processing, applicants or their representatives will need to wait at least 60 days from the date of interview or submission of supplemental documents, whichever is later.
About Visa Processing Wait Times – Nonimmigrant Visa Applicants
Information about nonimmigrant visa wait times for interviews and visa processing time frames are shown on this website, as well as on U.S. Embassy and Consulate websites worldwide. It should be noted that the “Wait Times for a Nonimmigrant Visa to be Processed” information by country does not include time required for administrative processing. Processing wait time also does not include the time required to return the passport to applicants, by either courier services or the local mail system.
Immigration law says that certain conditions and actions prevent a person from entering the United States. These conditions and activities are called ineligibilities, and the applicant is ineligible for (cannot get) a visa. Examples of an ineligibility include overstaying your visa, selling drugs, active tuberculosis, being a terrorist, and using fraud to get a visa. Your period of ineligibility may be temporary or permanent depending on your situation. Please check your ineligibility below to access the document requirements for the waiver.
Important: These procedures must be followed only after the Consular Officer has determined the ineligibility on the day of the Immigrant Visa interview at the U.S. Consulate in Rio de Janeiro, provided no other documents are pending on your visa process.
Ineligible IV applicants, nonimmigrant K, and V visa applicants for whom a waiver is available must file a form I-601 – ineligibility waiver request with the U.S. Citizenship and Immigration Service (USCIS). I-601 filing instructions are available at: www.uscis.gov/i-601.
Immigrant Visa applicants requiring consent to reapply for admission in addition to an I-601 waiver of inadmissibility must follow instructions at: www.uscis.gov/i-212.
Common IV Ineligibilities
You can access waiver requirements by clicking on your specific ineligibility below:
- Section 212(a)(6)(C)(i) – Have committed misrepresentation in order to obtain a visa to enter the United States. (Considered inadmissible permanently)
- Section 212(a)(9)(B)(i)(I) – Were unlawfully present in the United States for over 181 days but less than one year, after April 1st, 1997. (Considered inadmissible for a period of three years after a voluntary departure from the United States).
- Section 212(a)(9)(B)(i)(II) – Were unlawfully present in the United States for 365 days or more, after April 1st, 1997. (Considered inadmissible for a period of ten years after subsequent departure from the United States).
- Section 212(a)(9)(A)(i) – Have previously been deported/ordered removed from the United States at the port of entry. (Considered inadmissible for a period of five years after the removal or deportation from the United States).
- Section 212(a)(9)(A)(ii) – Have been deported from the United States or departed the US during the deportation process. (Considered inadmissible for a period of ten years after departure or deportation from the United States).
- Section 212(a)(2)(A)(i)(I) – Have committed a crime of moral turpitude. (Considered inadmissible permanently)
- Section 212(a)(1)(A)(ii) – Have failed to submit proof of vaccination. (Considered inadmissible according to statutory vaccination requirement).
- Section 212(e) – Have participated in an Exchange Visitor Program and your program falls under certain conditions, subject to the two-year home-country physical presence requirement before applying for an immigrant visa. (Considered inadmissible for a period of two years after the departure from the United States).
Translations of waiver request documents
Any document submitted in support of a I-601 waiver request or I-212 permission to reapply that is not in English must be accompanied by an English translation. The translation must include a statement signed by the translator that states that the: translation is accurate, and the translator is competent to translate.