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Consular Processing of Immigrant Visa

Packet 3 and Packet 4

 

 

Packet 3 contains:

1.      DS 230 PART 1 (FOR PRINCIPAL AND EACH FAMILY MEMBER)

2.      DS2001 (FOR PRINCIPAL)

3.      G28

4.      NVC LETTER

5.      ATTORNEY COVER LETTER

 

These forms above are available at www.travel.state.gov

 

Documents required for P3/P4

1.    Birth certificate (BC) *

 

Note:    I think that it is a good safe strategy, that irrespective of the BC (whether it is a perfect BC, i.e., one that is issued within 1 year of birth, and bears the full name of the alien, date and place of birth, and full names of alien's both parents with proper spellings for parents and child) or any of the various imperfect mutations of a BC, as is typical in BC’s issued to Indian citizens in particular, to get an affidavit from a parent.  It is a good strategy, especially when one is applying for IV by CP, to have an affidavit from one's parents and if possible, also from another living relative who has personal knowledge of the birth (i.e., one that was actually present at the hospital or nursery or at least came to visit the day the child was born), such as an uncle or aunt, and thus has personal knowledge of the birth date, place, and parentage.  

*(See important note below concerning birth certificates)

 

2.    If the BC is in non-English, then a copy of it plus English translation plus a translator's certificate (see attached)

 

3.    If the BC is unavailable, then please send a letter to Municipal Corp. of the country you were born in, asking for the BC.  If they do not have the BC, then ask them to send you a letter saying "BC unavailable"  (See attached file for pointers and format of such a letter)

 

4.    If BC unavailable, then we need affidavits from people who can swear under oath about your date and place of birth.  These people must have personal knowledge of the facts (not hearsay), such as your mom and dad, or uncles/aunts.

 

5.  Marriage certificate between you and your spouse (if married)

 

6.  Passport valid for at least 3 years (make sure that at the very LEAST, when you go to the Consulate, your passport still has at least more than 1 year of validity left on it)

 

7.  2 color photos (see attached photo instructions)

 

8.   Police Certificates:  Each visa applicant aged 16 years or over is required to submit a police certificate from the police authorities of each locality of the country of the applicant’s nationality or current residence where the applicant has resided for at least 6 months since attaining the age of 16.  Police certificates are also required from all other countries where the applicant has resided for at least 1 year.  A police certificate must be obtained from the police authorities of any place where the applicant has been arrested for any reason, regardless of how long he or she has lived there.

 

(for specific questions, please email me or call me but please also provide me a fax# where I can fax you additional details, should you need some help here)

 

9.   Military records (if applicable)  (Not needed for Citizens of India)

 

NOTE (important note below concerning birth certificates)

 

Note 1

In the event that a person’s birth certificate was issued by the issuing authority on a date that was more than 1 year after that date of birth of the person, the INS will want to see two affidavits from two separate persons (such as (i) your mother/father, and (ii) uncle/aunt), making a sworn declaration about your date of birth and place of birth.  Of course it goes without saying that your mother and father have personal knowledge of your birth date and place of birth.  But for an uncle, aunt or some other relative, they also must have had personal knowledge of the birth (i.e., that must have been present at the time of your birth. 

 

The format of this affidavit from parents/relatives is attached at the end of this checklist.  It is called “Affidavit in addition to a birth certificate”

 

Note 2

In the event that a person’s birth certificate was never ever issued by the issuing authority, the INS will want to see the following:  (1) a certificate of non-availability of the birth certificate from the municipal corporation having jurisdiction over the city/state/country where you were born; and (2) two affidavits from two separate persons (such as (i) your mother/father, and (ii) uncle/aunt), making a sworn declaration about your date of birth and place of birth.  Of course it goes without saying that your mother and father have personal knowledge of your birth date and place of birth.  But for an uncle, aunt or some other relative, they also must have had personal knowledge of the birth (i.e., that must have been present at the time of your birth. 

 

To get the certificate of non-availability, you must write to the municipal corporation.  A format letter is available at the end of this checklist and it is called Letter to Home Country Municipal Corp reg BC or Cert of Non-Avail.  

 

A format of the certificate of non availability is also attached, and it is called Certificate of nonavailability of Birth Cert from Municipal Corp.

 

The format of this affidavit from parents/relatives is attached at the end of this checklist.  It is called “Affidavit in LIEU of a birth certificate”

 

 

Consular Process in Brief:

 

********SEE LATEST CHANGES TO THIS PROCESS EFFECTIVE JAN 2002 BELOW********

 

1.                  CP is requested by the attorney at the time of filing I-140

2.                  When INS approves I-140, it sends approval notice to attorney and employer, and also a notice to NVC

3.                  NVC assigns a case # and send out Packet 3 to attorney

4.                  Attorney prepares the Packet 3 documents (DS-2001, DS-230 I) and sends to alien, alien signs and returns to attorney, and attorney either files it back with NVC (for some cases, such as China born applicants) or sends directly to US Consulate in home country (for example for India born applicants) …….depends...varies from cases to case.

5.                  If Packet 3 sent to NVC, then NVC sends letter to attorney stating that all processing complete, and that NVC has sent Packet 3 on to US Consulate

6.                  If Packet 3 send to US Consulate directly by attorney…then we wait.

7.                  In 2-3 months, sometimes sooner, US Consulate sends attorney letter, with an interview date and Packet 4. 

8.                  Attorney prepares Packet 4 documents (DS-230 II, I-134, IRS 9003) and sends to alien.  Alien takes those to Consulate with additional documents (notarized job offer letter, photos, birth certificates, marriage certificates, police clearance records, original degrees, work exp. letters, passport valid for at least 1 year, etc……this is not a complete list…..you must discuss with me before you leave for US Consulate….see above listing of documents)

9.                  You get medical exam done in home country after making appointment ahead of time (attorney will provide details).  Plan a trip for 2 weeks.

10.             Alien appears for interview and if all goes well, he/she gets I-551 stamp, which is “temporary evidence of admission as a permanent resident” in the passport.

 

A more detailed description of the Consular Process:

 

When your I-140 is approved, you can either file I-485 for Adjustment of Status within US, or undergo "Consular Processing", which involves processing for permanent residency through the State Department at a US Consulate.  In consular processing, the interview for an immigrant visa takes place at a U.S. embassy or consulate located (with some exceptions) in the foreign person's country of nationality.

If an alien is already present in the
United States, seeking to adjust his/her status is generally the preferred method since the Adjustment of Status applicant whose case is denied by the INS may challenge such denial through the administrative and/or judicial appellate processes.  Denial of a visa a U.S. Consular post, however, is essentially a non-reviewable, non appealable order; there are limited exceptions that may permit review.  In addition, Visa processing at a consular post abroad also involves the additional time and expense of traveling overseas and may further prolong the separation between family members. The Adjustment of Status applicant may reside in the United States
, obtain employment authorization, and a travel document, called Advance Parole, until his/her case is processed, reviewed, and completed by the U.S. INS.

Recent delays in I-485 processing have encouraged lots of candidates to apply for Consular Processing abroad, as it is faster and easier. Because individual circumstances may vary, each case has to be carefully reviewed by the attorney.


A person who is already legally in US can remain in US until the time of interview and medical examination at a consular post.  Even if the person is outside US at the time of applying, he/she can come to US if he/she has valid non-immigrant visa.  Persons who go for consular processing would need to go to their home country for usually about 1 week to 10 days for the medical examination and interview.

Consular processing can be done even if you are using EAD, as long as you didn't file I-485 just for the sake of getting EAD and then promptly apply for CP, else it is considered an abuse of  the system and you unnecessarily invite otherwise avoidable problems.  Hence, allow a reasonable gap in time before going in for CP, if you have already filed an I-485.

There are 2 ways to do Consular Processing for Employment Based (EB) immigration cases.

 

(I) Request CP at I-140 filing stage:

First and the simplest/fastest is to indicate while filing I-140 application that the person would do the consular processing near to his/her permanent address in his/her home country.  The INS will then send the information about your I-140 approval to National Visa Center in Portsmouth, New Hampshire.  NVC then makes an electronic copy of the petition and forwards it to the consular post.  NVC will also create a case number and send what is called Packet 3 to the candidate’s attorney. 

 

(II) File an I-824 later with the INS if at the I-140 stage, AOS is requested

If you specify in I-140 that you are already in US and would do adjustment of status (AOS or I-485) and later change your mind to do consular processing, you have to file form I-824 with INS, which would then send the information about your I-140 approval to National Visa Center in Portsmouth, New Hampshire.  NVC then makes an electronic copy of the petition and forwards it to the consular post.  NVC will also create a case number and send what is called Packet 3 to the candidate’s attorney.  Filing of I-824 can delay the processing considerably.  It is currently taking 1 year to process I-824s.  Thus this route is not advisable, and should not be taken, if some foresight is used before filing the I-140.

 

For AC I-140, talk to your lawyer.  This is a process that has undergone many changes over time.

 

 

Packet 3 Contains:

DS-230 Part 1

DS-230 Part 1 for spouse if any

DS-2001

DSL 1083

Vaccination Requirements

 

Note for India-born applicants:

How do I know which US Consulate in India will process the visa?

The U.S. Consulate General in Mumbai is responsible for immigrant visa cases for those applicants residing in the states of Maharashtra; Gujarat; and Goa; Daman and Diu (Union Terrotory); Madhya Pradesh; Arunachal Pradesh; Assam; Bihar; Dadra and Nagar Haveli (Union Territory); Manipur; Meghalaya; Mizoram (Union Territory); Nagaland; Orissa; Sikkim; Tripura; and West Bengal. 

The U.S. Consulate General in Chennai is responsible for immigrant visa cases for those applicants residing in the states of Tamil Nadu; Andhra Pradesh; Karnataka; Kerala; The Union Territory of Pondicherry and The Lakshadweep Islands.

No, immigrant visa applicants from Calcutta consular district (i.e. West Bengal, Orissa, Bihar, Jharkand, the North Eastern States and Andamans) are processed by American Consulate General in Mumbai since July 1992. The American Consulate General, Calcutta only processed immigrant visa applications for adoption cases.

 

IMPORTANT CHANGES IN IMMIGRANT VISA PROCESSING FOR INDIANS, EFFECTIVE JAN. 01, 2002.

CONSULATE GENERAL OF THE
UNITED STATES OF AMERICA

FOR ALL IMMIGRANT VISA APPLICANTS:
IMPORTANT NOTICE


1. As of
January 1, 2002, ALL immigrant visa applicants over age 16 MUST present Indian Police Certificates. Two certificates must be obtained as follows: 1) a certificate from your local police station; 2) a certificate from your Regional Passport Office.

Here is the link for the PCC form at Indian Embassy at Washington.

http://www.indianembassy.org/consular/misc.pdf

 

The charge for PCC is $40, this includes the charge for telex. This

conflicts with what is mentioned in the form, but I checked with consulate

the charges on the form are not correct.


2. For security reasons, applicants are NOT permitted to carry sealed envelopes into the Consulate, except for the medical report from the panel physician. When you appear for your interview, please remove all required documents from envelopes prior to entering the building. The Medical Report SHOULD REMAIN SEALED. 

3. Please read carefully the requirements regarding evidence of financial support in the
U.S. Please bring ALL required documents from the petitioner and (if required) the joint sponsor on your FIRST visit. AVOID THE EXPENSE AND INCONVENIENCE OF A SECOND TRIP TO THE CONSULATE. NO EXCEPTIONS WILL BE MADE REGARDING SPONSORS' MINIMUM INCOME REQUIREMENTS.

 

********SEE LATEST CHANGES TO THIS PROCESS EFFECTIVE JAN 2002 BELOW FOR INDIA BORN APPLICANTS. ********  (China-born applicants have always had this procedure in the past)

 

As of January 1, 2002, please note that there has been a change in all cases
that process through Indian posts this includes the
U.S. Consulate in
Chennai, the
U.S. Consulate in Mumbai and U.S. Embassy in New Delhi. Any
Packet 3 issued after
January 1, 2002 must now go through the National
Visa Center
for the initial processing of the application.

All new Packet 3s will be processed as follows:

Step One: Once the I-140 has been approved the INS will forward notice of
the I-140 approval to the
National Visa Center in New Hampshire. After the
NVC has received notice, it will take approximately 6-8 weeks for our office
to receive the Packet 3 from the NVC.  Even though, the NVC can give a case
number prior to our office receiving the Packet 3, the application cannot
be filed until our office is in receipt of the actual Packet 3.  There is a
bar code sheet, which is included in the Packet that our office must have in
order to file the application with the NVC.

Step Two: Once our office receives Packet 3, we will file the application
with the
National Visa Center granted our office is in receipt of all the
documents and forms.  The application will first be sent to a P.O. Box in
St. Louis for receipt of payment ($260 application fee which must be paid in
a money order or cashiers check made payable to the Department of State).
Then, the application will be sent to the NVC for the initial processing of
the application.  If the NVC deems the forms to be in order, the application
will then be forwarded on to the
U.S. Consulate/Embassy stated in Packet 3.

Step Three: The application will then be received by the U.S. Consulate or Embassy. They will order visa numbers from the Department of
State. The
U.S. Consulate/Embassy will then schedule the interview once the
visa numbers are available.

It is hard to estimate how long this process will take from the time of your I-140 approval. It is estimated that it can take anywhere from 4-8 months from the date the I-140 is approved.

 


 

U.S. IMMIGRATION & NATURALIZATION SERVICE
COLOR PHOTOGRAPH SPECIFICATIONS

 



IDEAL PHOTOGRAPH

The picture at the left is the ideal size, color, background and pose. The image should be 30 mm (1 3/16 in.) from the hair to just below the chin, and 26 mm (1 in.) from the left cheek to the right ear. The image must fit in the box at the right.



IMAGE MUST FIT
INSIDE THIS BOX

 

THE PHOTOGRAPH

* The overall size of the picture, including the background, must be at least 40 mm (1 9/16 inches) in height by 35 mm (1 3/8 inches) in width.

* Photos must be free of shadows and contain no marks, splotches or discolorations.

* Photos should be high quality, with good back lighting or wrap-around lighting, and must have a white or off-white background.

* Photos must have a glossy finish and be un-retouched.

* Polaroid film hybrid #5 is acceptable; however, SX-70 type film or any other instant processing type film is unacceptable. Non-peel apart films are easily recognized because the back of the film is black. Acceptable instant color film has a gray-toned backing.

THE IMAGE OF THE PERSON

* The dimensions of the image should be 30 mm (1 3/16 inches) from the hair to the neck just below the chin, and 26 mm (1 inch) from the right ear to the left cheek. The image cannot exceed 32 mm X 28 mm (1 1/4 in. X 1 1/16 in.).

* If the image area on the photograph is too large or too small, the photo cannot be used.

* Photographs must show the entire face of the person in a 3/4 view showing the right ear and left eye.

* Facial features must be identifiable.

* Contrast between the image and background is essential. Photos for very light-skinned people should be slightly under-exposed. Photos for very dark-skinned people should be slightly over-exposed.

 

SAMPLES OF UNACCEPTABLE PHOTOGRAPHS

 



INCORRECT POSE



IMAGE TOO LARGE



IMAGE TOO SMALL



IMAGE TOO DARK
UNDER-EXPOSED

 



IMAGE TOO LIGHT



DARK BACKGROUND



OVER-EXPOSED



SHADOWS ON PICTURE

 


AFFIDAVIT IN ADDITION TO BIRTH CERTIFICATE

 

CITY OF                                                                )

                                                                                )

STATE OF                                                             )

 

 

 

TO:         US CONSULATE  OR US IMMIGRATION & NATURALIZATION SERVICE

 

 

 

I/WE, ________________________(full name of the person making the statements in the affidavit), BEING OF SOUND BODY AND MIND, MAKE THE FOLLOWING STATEMENTS UNDER OATH:

 

 

1.     I/WE AM/ARE PROVIDING THIS AFFIDAVIT TO SUPPORT THE IMMIGRANT VISA APPLICATION THOUGH CONSULAR PROCESS/ADJUSTMENE OF STATUS, OF OUR ____ (son/daughter), ___________________ (state full name in the format LAST NAME, First Name, Middle Name), of the person undergoing CP), IN ORDER TO BECOME A U.S. PERMANENT RESIDENT PURSUANT TO AN EMPLOYMENT BASED IMMIGRANT VISA PREFERENCE CATEGORY.

 

2.     I/WE AM/ARE BOTH CITIZENS OF _________(county).  OUR PERMANENT ADDRESS IN ___________(country) IS:  ____________________________________________(address).

 

3.     I, ____________(state full name in the format LAST NAME, First Name, Middle Name), AM THE FATHER OF _________ (state full name in the format LAST NAME, First Name, Middle Name) of the person undergoing CP.  I WAS BORN ON _______ (format example: January 01, 1950) IN  _____________(city) , ________(country).

 

4.     I, ____________((state full name in the format LAST NAME, First Name, Middle Name)), AM THE MOTHER OF _________ ((state full name in the format LAST NAME, First Name, Middle Name, of the person undergoing CP).  I WAS BORN ON _______ (format example: January 01, 1950) IN  _____________(city) , ________(country).

 

5.     OUR _____(son/daughter), _____________(state full name in the format LAST NAME, First Name, Middle Name), WAS BORN ON ___________(date) AT _______________(city), ________________(state), ____________(country) IN _______________(name of clinic or hospital)

 

6.     I, ____________________((state full name in the format LAST NAME, First Name, Middle Name of mother), GAVE BIRTH TO _________((state full name in the format LAST NAME, First Name, Middle Name), of the person undergoing CP) ON _____________(date).

 

7.     I, _________________((state full name in the format LAST NAME, First Name, Middle Name of father, uncle, aunt, grandfather, grandmother) WAS PHYSICALLY PRESENT TO WITNESS THE BIRTH OF ________________ (full name in the format LAST NAME, Middle Name, First Name, of the person undergoing CP), AND HENCE HAVE PERSONAL KNOWLEDGE OF THIS.

 

8.     WE BOTH HEREBY TESTIFY UNDER PENALTY OF PERJURY THAT THE ABOVE STATEMENTS ARE TRUE.

 

____________________________(signature)

name of FATHER, UNCLE, AUNT ETC. (state full name in the format LAST NAME, First Name, Middle Name)

 

____________________________(signature)

name of MOTHER (state full name in the format LAST NAME, First Name, Middle Name)

 

SWORN BEFORE ME THIS _______ DAY OF ____________, (year), IN __________________(city), STATE OF ___________(name of state), ______________(country).

 

_____________________________(signature)

NOTARY PUBLIC

AFFIDAVIT IN LIEU OF BIRTH CERTIFICATE

 

CITY OF _______                               )

                                                                )

STATE OF ______                             )

 

 

TO:         US CONSULATE , OR

                US IMMIGRATION & NATURALIZATION SERVICE

 

 

1.     THIS AFFIDAVIT IS BEING FURNISHED IN SUPPORT OF THE APPLICATION I-485 FILED BY OUR SON/DAUGHTER, ______________ FOR ADJUSTMENT OF STATUS AS A US PERMANENT RESIDENT UNDER AN EMPLOYMENT BASED 2ND  OR 3RD PREFERENCE CATEGORY.

2.     WE ARE BOTH CITIZENS OF _________(COUNTRY).  OUR PERMANENT ADDRESS IN ___________(COUNTRY) IS:  ____________________________________

3.     I, ____________, AM THE FATHER OF _________.  I WAS BORN ON _______ IN  _____________(city) , ________(country).

4.     I, ____________, AM THE MOTHER OF _________.  I WAS BORN ON _______ IN  _____________(city) , ________(country)..

5.     OUR SON/DAUGHTER, _____________, WAS BORN ON ___________ AT _______________(CITY), ________________(STATE), ____________(COUNTRY) IN _______________(NAME OF CLINIC OR HOSPITAL)

6.     I, ____________________(MOTHER), GAVE BIRTH TO _________ ON _____________.

7.     I, _________________(FATHER, UNCLE, AUNT), WAS PHYSICALLY PRESENT TO WITNESS THE BIRTH OF ________________, AND HENCE HAVE PERSONAL KNOWLEDGE OF THIS.

8.     TO OUR KNOWLEDGE, NO FORMAL BIRTH CERTIFICATE WAS EITHER ISSUED OR NOW EXISTS.

9.     WE BOTH HEREBY TESTIFY UNDER PENALTY OF PERJURY THAT THE ABOVE STATEMENTS ARE TRUE.

 

 

____________________________

FATHER, UNCLE, AUNT ETC.

 

____________________________

MOTHER

 

 

SWORN BEFORE ME THIS _______DAY OF ____________, 2000, IN __________________(CITY), STATE OF ___________

 

 

_____________________________

NOTARY PUBLIC

 

Note: In the affidavit, where the name of any person appears (whether your name, your dad's name or your mother's name), please clarify which is the first name, middle name and last name.

 

For example, use the format as shown below, paying careful attention to the use of brackets and semi-colons:

 

"YADAV (Last Name); Santosh (First Name); Babau (Middle Name)”


FORMAT A

 

Certificate regarding Clarification of a Birth Certificate from a Municipal Corp.

 

Date:

 

From:

Municipal Corporation

City

State

Country

 

To whomsoever it may concern:

 

This is to state that Mr./Ms.______’s birth records do not show that his/her name was ever registered at a later date in our files.  All we have is a birth certificate issued for a ‘baby boy”/”baby girl” born to parents Mr. & Mrs. ______________ on date ______.  We do not have any additional records of Mr./Ms. ___________’s birth other than a birth certificate, page no. ______ from the birth register of ____(place), dated _____________(date of birth or entry into record).

 

Signed:

_________________

Name

Title

 

 

 

FORMAT B

 

Certificate of Non-availability of Birth Certificate from a Municipal Corp.

 

 

Date:

 

From:

Municipal Corporation

City

State

Country

 

 

To whomsoever it may concern:

This is to state that we have searched Mr./Ms. ______'s birth records and
we do not show that his/her name was ever registered by her parents in our files.  We do not have any additional records of Mr./Ms. _______ 's date of birth or place of birth.

Signed:

_________________
Name:

Title:

 

 


Letter to Home Country’s Municipal Corp. requesting them to either (i) send an official copy of a Birth Certificate, or if none is available, then send (ii) a Certificate of Non-Availability of a Birth Certificate

 

 

Date:__________

 

Records Keeper

Municipal Corporation

Register of Births and Deaths

______________________

______________________

________________(City)

________________(State)

________________(Country)

 

Re:       Birth Records for Mr._______________

 

Dear Sir:

 

My name is ___________________(First Name), _______________(Middle Initial), ___________________Last Name).  In connection with my application for permanent residence in the United States, I am writing this letter to verify my birth records. 

 

(i)                             Attached is a translation of the official birth record which shows that I was born to ___________(father) and ___________(mother) on ___________(birth date) in ______________(city/state/country).   However, my name does not appear in the birth certificate; OR

(ii)                            I do not have my birth certificate but I was born on ____in ______(city/state/country) to ___________(name of father) and _________(name of mother).

 

I would like to know if your birth records show whether my name was later recorded in your files.  If it is not recorded, please send me a letter on your official letterhead which states the following, as per the attached Format A or Format B.

 

I thank you for your time and consideration and hope a quick reply will be forthcoming.  Attached is a money order for US $10.00 to cover miscellaneous costs that you my incur in handling this matter.  Please treat this with the utmost urgency.

 

Sincerely,

 

 

______________(applicant)

 

(SEND COPIES OF FORMAT A AND FORMAT B AS ABOVE)

 

 

 


Certification by Translator


I [Typed Name], certify that I am fluent in the English and [type in the
name of the foreign language] languages, and that the attached document is
an accurate translation of the document attached entitled " [type title of
the document].


________________________
Signature


Typed name:

Date:

Address:

 

 

 

 

Sworn and subscribed before me on ______ day of _____month of year _____, in ___________(town), ___________(state).

 

 

 

________________

Notary Public

 

 


IMPORTANT NOTICE TO IMMIGRANT VISA APPLICANTS CONCERNING VACCINATION REQUIREMENTS

Recent changes to United States immigration law now require immigrant visa applicants to obtain certain vaccinations (listed below) prior to the issuance of an immigrant visa. Panel physicians who conduct medical examinations of immigrant visa applicants are now required to verify that immigrant visa applicants have met the new vaccination requirement, or that it is medically inappropriate for the visa applicant to receive one or more of the listed vaccinations:

 

·  mumps

·  measles

·  rubella

·  measles

·  polio

·  tetanus and diphtheria toxoids

·  pertussis

·  influenzae type b (Hib)

·  hepatitis B

·  varicella

·  pneumococcal

·  influenza

In order to assist the panel physican, and to avoid delays in the processing of an immigrant visa, all immigrant visa applicants should have their vaccination records available for the panel physician's review at the time of the immigrant medical examination. Visa applicants should consult with their regular health care provider to obtain a copy of their immunization record, if one is available. If you do not have a vaccination record, the panel physician will work with you to determine which vaccinations you may need to meet the requirement. Certain waivers of the vaccination requirement are available upon the recommendation of the panel physican.

 

Only a physician can determine which of the listed vaccinations are medically appropriate for you, given your age, medical history and current medical condition.

 

 

 

 

 

 

 

 

Packet 4 Contains:

DS-230 Part II

IRS 9003

I-134 if there is a spouse

IRS 9003 for spouse (if any)

DS-230 Part II for spouse (if any)

 

Comprehensive description of the documents you will take before you leave the US for the Employment Based Immigrant Visa interview scheduled at the US Consulate

Before leaving US for the Consular Process Interview, please have following documents ready for the interview.  Remember, more the better.  If you have doubt whether particular document may be required or not, just carry it.  But don't open your bag unless asked for a specific document.

  1. Appointment letter for immigrant visa interview.
  2. DS-230 Part II for each applicant. It is part of Packet 4.
  3. Copies of Filled Packet 3 forms (DS-230 Part I and DS-2001) that consulate mailed you, if you haven't already sent them.
  4. IRS 9003 Additional questions for the applicant for permanent residence. This is an IRS form and not INS. Each applicant including dependents should fill this form. You have to write you SSN (or ITIN) and four questions regarding income tax. No signature is required on this form. This form is printed on yellow color paper.  It is a part of Packet 4.
  5. Notarized employment letter. 2 copies.   Must !!   (see explanation below)
  6. Passport with at least 6 months remaining.  Preferably, make sure at least 1 year is remaining, because the I-551 stamp is usually issued for a full 1 year, but if you have less time available on your passport, then the I-551 stamp will be valid up to the expiration date on your passport.  Bring all old passports which have US visas.
  7. Birth certificates/affidavits. Original + 2 copies. No need to get the copies notarized.  They will take a look at the original and copy.  They will take a copy and give you back the original.  If no birth certificate, get non-availability certificate, 2 affidavits and also carry the school leaving certificate (You know how valuable school leaving certificate is in INDIA and how it is used.).  See attachments for Affidavits in Lieu of Birth Certificates.  Ask me about them if not clear, before you even plan to leave the country.
  8. Marriage certificate/affidavit, if married. Original + 2 copies. No need to get the copies notarized. They will take a look at the original and copy. They will take a copy and give you back the original.
  9. Degree certificates/transcripts.  TAKE ORIGINALS!
  10. Any work experience letters used for labor certificate.  Take Originals!
  11. Originals of all the documents used in I-140 (recommendation letters, articles etc.)
  12. Company brochures, annual reports.
  13. Company financial statements.
  14. Bank and other assets statements like stocks etc.
  15. W-2s, personal tax returns for last 3 years.
  16. Sailing Permit
  17. Recent pay stubs.
  18. Take any proofs of vaccinations you/dependents have.
  19. I-134 for the dependents.
    Notarize it in US. Sign it in front of Notary. Notarized in
    India NOT accepted.
  20. Also, if your spouse is employed, it is better to carry an employer letter for him/her too.
  21. All previous H1s, F1s, EADs, APs, I-485 receipt etc.
  22. Apartment lease papers.
  23. Social Security cards of each family member who have social security number. For others, ITIN number cards.
  24. Police certificates, if required for you. (NOTE: SOME COUNTRIES REQUIRE THIS, OTHERS DO NOT.  FOR EXAMPLE, CHINA REQUIRES IT, AND EFFECTIVE JAN. 01, 2002, INDIA REQUIRES IT ALSO (SEE NOTE BELOW)
  25. If you have any US born (US Citizen) children, you should carry proof of their citizenship.(Birth certificate, passport etc.) The consular officer really wants to make sure that your children are really US citizen, you are not making any mistakes regarding their status, and hence they are not deprived from getting green cards, if they need it.
  26.  Marriage photographs, marriage invitation card.

Further explanation about the Employment Letter

You need to get an employment letter to show at the interview.  Take one copy for yourself and one copy for each of your dependents. Some consulates don't accept I-134 for supporting your dependents. Employment letter should

·         Reaffirm that the job offered in the approved preference petition is still open and available to you as soon as you immigrate.

·         Confirm the current salary, not the labor certificate salary.

·         Give a description of the job offered to the alien and explanation of skills which qualify the alien for the position.

·         Indicate start date, job title

This letter must be notarized in US with a notary public.

 

Further explanation about the Sailing Permit

If you are either a resident or a nonresident alien departing the United States, you will usually have to show your compliance with the U.S. income tax laws. You do this by obtaining a tax clearance document, commonly called a "Sailing Permit" or "Departure Permit," from the IRS. (For INS purpose any one who does not have green card are non resident alien, but for IRS purpose even non green card holders who have stayed in US for 182 days are considered resident alien.

It is legally possible for the government to prevent someone from leaving if they don't have sailing permit. This permit is rarely asked for at the consular post, but it advised that every immigrant applicant should carry this before going for the interview.

If you do not have taxable income, or you are a resident alien who is leaving only temporarily, use Form 2063 to apply for a sailing permit. If you are a resident alien leaving the
United States with no definite plans to return for the year, you will have to complete Form 1040C, U.S. Departing Alien Income Tax Return, in order to get a sailing permit.  Nonresident aliens who have any taxable income will also have to complete Form 1040-C to receive a sailing permit. You must pay all tax shown as due on the Form 1040-C unless you furnish a bond or an employer letter guaranteeing payment, or the IRS is satisfied that your leaving will not jeopardize collection of the tax. Any tax you pay counts as a payment on your final return that you file after the end of your tax year.

Apply for the sailing permit no earlier than 30 days before you plan to leave. You should apply at least two weeks in advance of your departure. To get your sailing permit, visit your nearest walk-in IRS office. If you are married to an alien who is leaving the country with you, both of you must go to the IRS office.

You must bring with you all the following records and information for the current year, that apply:

·         A valid passport and your alien registration card or visa,

·         Copies of the last two years' income tax returns with proof of payment of any balance due,

·         A statement from each current employer showing the wages paid and tax withheld from January 1 of the current year to the date of departure. For this statement you can use a payroll deduction slip for your last paycheck if it shows this information.

·         If you are self-employed, a profit and loss statement for the current year to the date of departure.

·         Documents showing any gain or loss from the sale of personal property, including capital assets and merchandise.

·         Proof of tax payments for the past year and this year.

·         Documents concerning scholarships or fellowships.

·         Documents indicating that you qualify for special tax treaty benefits.

·         Substantiation of deductions for business expenses and itemized deductions.

·         Documentation for dependents claimed.

·         Airline return tickets.

If you have these documents and pay any tax due you should receive your sailing permit immediately.

IMPORTANT CHANGES IN IMMIGRANT VISA PROCESSING FOR INDIANS, EFFECTIVE JAN. 01, 2002.

CONSULATE GENERAL OF THE
UNITED STATES OF AMERICA


FOR ALL IMMIGRANT VISA APPLICANTS:
IMPORTANT NOTICE


1. As of
January 1, 2002, ALL immigrant visa applicants over age 16 MUST present Indian Police Certificates. Two certificates must be obtained as follows: 1) a certificate from your local police station; 2) a certificate from your Regional Passport Office.

2. For security reasons, applicants are NOT permitted to carry sealed envelopes into the Consulate, except for the medical report from the panel physician. When you appear for your interview, please remove all required documents from envelopes prior to entering the building. The Medical Report SHOULD REMAIN SEALED. 

3. Please read carefully the requirements regarding evidence of financial support in the
U.S. Please bring ALL required documents from the petitioner and (if required) the joint sponsor on your FIRST visit. AVOID THE EXPENSE AND INCONVENIENCE OF A SECOND TRIP TO THE CONSULATE. NO EXCEPTIONS WILL BE MADE REGARDING SPONSORS' MINIMUM INCOME REQUIREMENTS.

 

 

 

For latest fees: go to www.travel.state.gov


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