Consular Processing: From the NVC to the Visa Interview

Who gets an immigrant visa

An immigrant visa is for someone who will live in the United States permanently. A consular officer at a U.S. embassy or consulate abroad issues it, usually after USCIS approves a family-based (I-130) or employment-based (I-140) petition; people chosen in the State Department's annual Diversity Visa program apply without a petition. The visa is not yet residence: "When you are admitted, you will enter as a Lawful Permanent Resident" (Step 12), and USCIS mails the green card once the USCIS Immigrant Fee is paid. The categories (State Department, Immigrate):

• Immediate relatives of U.S. citizens — spouses, unmarried children under 21, and parents of a citizen who is at least 21 — are "not subject to the worldwide levels or numerical limitations" (INA § 201(b)(2)(A)(i), 8 U.S.C. § 1151(b)), so they have no visa waiting line.
• Family preference (INA § 203(a), 8 U.S.C. § 1153(a)): four capped preferences for sons and daughters of citizens, siblings of citizens 21 or older, and for spouses, children and unmarried sons and daughters of permanent residents.
• Employment preference (INA § 203(b)): five preferences, from priority workers to employment-creation investors.
• Diversity (INA § 203(c)): 55,000 visas a year under INA § 201(e), for people from countries with low rates of immigration to the United States.
• Special immigrants (INA § 101(a)(27)), such as certain former U.S. government employees, most of them under § 203(b)(4).

Temporary visas, such as the H-1B, student and visitor visas, are nonimmigrant visas (State Department visa directory), not immigrant visas. A person already in the United States may instead be able to adjust status without leaving. Our articles explain the family categories, the employment categories and the Diversity Visa lottery.

How consular processing works

An immigrant visa is issued by a consular officer of the Department of State, not by USCIS. The usual sequence is:

1. Petition approved. USCIS approves the Form I-130 (family) or I-140 (employment) petition and "will then send the approved petition to the Department of State's National Visa Center" (USCIS, Consular Processing).
2. NVC pre-processing. The applicant pays the fees, files the DS-260 and the affidavit of support, and uploads civil documents until the case is "documentarily complete."
3. Interview. NVC schedules the interview at an embassy or consulate; the applicant first completes a medical exam with a panel physician.
4. Visa and entry. If the officer approves, the immigrant visa is placed in the passport. The applicant pays the USCIS Immigrant Fee, travels, and is inspected by U.S. Customs and Border Protection (CBP), which decides admission.

The State Department describes the process in twelve steps on its Immigrant Visa Process pages; the sections below follow them. Spouses and children of U.S. citizens (immediate relatives) have no visa waiting line. Everyone in a preference category — for example the spouse of a permanent resident — must also wait until the priority date is current in the monthly Visa Bulletin; our explainer on how to read the Visa Bulletin shows how to check it, including the Dates for Filing chart that NVC uses to invite documents. Our article on getting an immigrant visa abroad gives a shorter overview, and the National Visa Center hub collects NVC news.

The National Visa Center: fees, DS-260 and documents

"After USCIS approves your petition, they will transfer your case to the Department of State's National Visa Center (NVC) for pre-processing," and NVC sends a Welcome Letter by e-mail or mail with the information needed to log in to the Consular Electronic Application Center (CEAC) (Step 2: Begin NVC processing). Everything that follows is done in CEAC.

Fees

Two State Department fees are paid in CEAC, one at a time (Step 3: Pay fees). Under 22 C.F.R. § 22.1 and the State Department's fee page, as of September 28, 2026:

• Immigrant visa application processing fee: $325 for immediate relative and family preference applications, $345 for employment-based applications, $205 for other immigrant visas.
• Affidavit of support review: $120, charged only when the affidavit is reviewed domestically.
• USCIS Immigrant Fee: $235 in the USCIS fee schedule (Form G-1055, edition 09/09/26), paid to USCIS "after you pick up your immigrant visa" and "before you depart for the United States" (USCIS Immigrant Fee page). USCIS will not issue the green card until it is paid.

The State Department asks applicants to allow 10 calendar days for NVC to process payments, and the DS-260 cannot be opened until they are processed. The medical exam is paid to the panel physician separately.

The DS-260 immigrant visa application

Form DS-260 is completed online in CEAC for each applicant, including each child who immigrates. The State Department notes that submitting it "does not formally execute a visa application" — that happens at the interview — and that the applicant must print the confirmation page and bring it (Step 6). The officer compares the answers at the interview with the petition, the civil documents and the applicant's immigration history, so dates of entries, departures, prior visas, arrests and prior marriages should be exact.

Civil documents

Step 7 lists what each applicant uploads: the birth certificate (original or certified copy); a certificate of every marriage and proof that each prior marriage ended; court and prison records for any conviction; military records; the passport's biographic page; and police certificates for applicants 16 and older. Documents not in English need certified translations. Police certificates are valid for two years from issuance.

"Documentarily complete" and the interview date

After the documents are submitted and reviewed, NVC e-mails that the case is documentarily complete. NVC fills interview appointments "in a first-in, first-out manner" as the embassy or consulate makes them available, and a preference applicant's priority date must also be current (Step 9).

The one-year rule. Under INA § 203(g), 8 U.S.C. § 1153(g) and 22 C.F.R. § 42.83, the registration is terminated if the applicant fails to apply within one year after being notified that a visa is available; the State Department warns that not responding to NVC for a year risks termination of the petition and loss of the priority date. The regulation allows reinstatement when the failure was due to circumstances beyond the applicant's control. A case left idle for years may need to be checked before anyone relies on it.

The affidavit of support (Form I-864)

Most family-based immigrants need a sponsor to sign Form I-864 (edition 08/24/26), a contract under INA § 213A, 8 U.S.C. § 1183a and 8 C.F.R. part 213a. In consular cases it is filed through NVC (Step 4).

• Income. The sponsor must show household income of at least 125% of the federal poverty guidelines — 100% for an active-duty member of the armed forces petitioning for a spouse or child. The Form I-864P guidelines effective March 1, 2026 put 125% for a household of two at $27,050 in the 48 contiguous states ($33,813 in Alaska, $31,113 in Hawaii). The figures change every March.
• Joint sponsor and household members. If the petitioner's income is not enough, a joint sponsor who meets the requirements on their own can sign a separate I-864 and accept joint and several liability (8 C.F.R. § 213a.1); a joint sponsor does not file a petition. Household members' income can be counted with Form I-864A.
• It is enforceable. The statute makes the affidavit "legally enforceable against the sponsor by the sponsored alien, the Federal Government, any State" or agency that provided means-tested benefits. Under 8 C.F.R. § 213a.2, the obligation ends when the immigrant becomes a citizen, is credited with 40 qualifying quarters of work, loses permanent resident status and departs, or dies, or when the sponsor dies. Divorce is not on the list.
• Who does not need one. Under 8 C.F.R. § 213a.2, among others: self-petitioners (such as VAWA), an immigrant who already has 40 qualifying quarters, and a citizen's child who will acquire citizenship automatically under INA § 320.

The affidavit is how the consular officer tests the public charge ground, INA § 212(a)(4): a visa applicant is inadmissible if "in the opinion of the consular officer" they are likely to become a public charge. DHS's public charge rule of July 20, 2026 (91 FR 45324) states that it "does not revise DOS standards or processes" — consular officers apply the State Department's own. The public charge hub follows both.

The immigration medical exam

Every immigrant visa applicant must have a medical examination by a panel physician — "an embassy-approved doctor … Exams conducted by other physicians will not be accepted," and visa medical exams "may not be conducted in the United States" (Step 10; medical examination FAQs). It must be finished, with any required vaccinations, before the interview date. The doctor either sends the results to the embassy or hands over a sealed envelope that must not be opened.

The exam screens for the health grounds of INA § 212(a)(1): a communicable disease of public health significance; failure to show the required vaccinations (the statute names mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B and hepatitis B, plus others recommended by the CDC's advisory committee); a physical or mental disorder with associated harmful behavior; and drug abuse or addiction. The panel physician follows the CDC's Technical Instructions and the classifications in 42 C.F.R. part 34 (Class A conditions correspond to the health grounds of inadmissibility; Class B covers conditions serious in degree or permanent in nature). Some vaccination requirements can be waived on the panel physician's recommendation, and other health grounds have waivers under § 212(g).

The immigrant visa is usually valid for up to six months "unless your medical examination expires sooner" (Step 12). For an applicant with no tuberculosis classification, the CDC's tuberculosis instructions make the travel clearance valid for six months from the evaluation — so a long delay after the exam can mean doing it again.

The consular interview, and after

Where. Since November 1, 2025, NVC schedules immigrant visa applicants "in their country of residence or, if requested, country of nationality," with "rare exceptions" for humanitarian, medical or foreign-policy reasons (State Department notice; our article on the country-of-residence interview rule).

What happens. "A consular officer will interview you … and determine whether or not you are eligible to receive an immigrant visa"; fingerprints are scanned. The applicant brings the appointment letter, a passport valid for six months beyond the intended date of entry, two photos, the DS-260 confirmation page, original civil documents with translations, and any unpaid fees. Children under 14 are not required to attend (Step 11). The officer looks at the relationship or job offer, the affidavit of support, the medical results and every ground of inadmissibility — including the applicant's past time in the United States. Missing the interview without contacting the post within one year of the appointment letter can end the case.

After approval. The immigrant visa is placed in the passport and, under INA § 221(c), 8 U.S.C. § 1201(c), is valid for no more than six months; the applicant must arrive and apply for admission before it expires. "A visa does not guarantee entry": CBP decides admission at the port (Step 12). After admission, USCIS mails the green card; USCIS says to contact it if the card has not arrived within 90 days (USCIS, Consular Processing). A spouse whose marriage was less than two years old when they became a resident is a conditional resident and must later file Form I-751 — see the marriage guide.

Nationality restrictions. Since January 1, 2026, Proclamation 10998 (90 FR 59717, Dec. 19, 2025) fully or partially suspends immigrant visas for nationals of the countries it lists, and the State Department says the former exceptions for spouses, children and parents of citizens (IR-1/CR-1, IR-2/CR-2, IR-5) "are no longer available"; only case-by-case national-interest exceptions remain (State Department notice, updated February 2, 2026). A separate pause for nationals of 75 countries that began in January 2026 "is no longer in effect" as of August 21, 2026, under the court's order in CLINIC v. Rubio (State Department notice). Check the current notices before booking travel.

Visa refusals and section 221(g)

An officer who does not issue the visa must refuse it — either under a ground of inadmissibility in INA § 212(a), or under INA § 221(g) when the application does not comply with the law or regulations, for example because a document is missing or the case needs administrative processing (22 C.F.R. § 42.81(a)). The officer must tell the applicant the provision of law the refusal rests on and any relief available (§ 42.81(b)).

• A 221(g) refusal comes with a letter listing the documents needed (State Department, Visa Denials). If the applicant brings evidence that overcomes the refusal within one year, the case is reconsidered without a new application fee (22 C.F.R. § 42.81(e)); after a year, the registration can be terminated (§ 42.83(b)) and a new application and fee are needed.
• Administrative processing is still a refusal while it lasts. The State Department asks applicants to wait at least 180 days from the interview or the last document submission, whichever is later, before asking about the status (Step 12).
• A § 212(a) refusal — for unlawful presence, misrepresentation, a crime, public charge, a prior removal — is overcome only by a waiver where one exists. An applicant found inadmissible at the interview files Form I-601 with USCIS ($1,050 in G-1055, edition 09/09/26); the waivers guide covers each waiver and its hardship test.

There is no appeal to a court. Under the doctrine of consular nonreviewability, a consular decision to admit or exclude is generally final, and in Department of State v. Muñoz, 602 U.S. 899 (2024), the Supreme Court held that "a citizen does not have a fundamental liberty interest in her noncitizen spouse being admitted to the country" (our article: no court review of a spouse visa denial; the consular nonreviewability hub). That is why the preparation before the interview matters more than anything after it.

The 3- and 10-year bars for unlawful presence

For a person who is already in the United States without status, consular processing means leaving — and leaving can create a bar. Under INA § 212(a)(9)(B)(i):

• unlawful presence of more than 180 days but less than one year, followed by a voluntary departure before removal proceedings begin, bars return for 3 years;
• unlawful presence of one year or more, followed by a departure or removal, bars return for 10 years.

Unlawful presence is time after the authorized stay expired, or time present without having been admitted or paroled (§ 212(a)(9)(B)(ii)). Time under 18 does not count, nor time with a bona fide asylum application pending (unless the person worked without authorization), and there are exceptions for Family Unity beneficiaries, battered spouses and children, and trafficking victims (§ 212(a)(9)(B)(iii)). The bar is triggered by the departure: the person does not face it until they leave — which is exactly what an interview abroad requires. In Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026), decided August 13, 2026, the Board held that even a trip on advance parole is a "departure" for the 10-year bar, applying the rule prospectively; the advance parole hub follows it.

The waiver is § 212(a)(9)(B)(v): for the spouse, son or daughter of a U.S. citizen or permanent resident who shows extreme hardship to the citizen or resident spouse or parent. Hardship to the applicant or the applicant's children does not count on its own, and "no court shall have jurisdiction to review" the decision. More: the 3- and 10-year bars explained and the unlawful presence hub.

The permanent bar is different. A person who was unlawfully present for an aggregate of more than one year, or was ordered removed, and then entered or tried to enter without admission is inadmissible under § 212(a)(9)(C). Its only exception is permission to reapply sought from outside the United States more than 10 years after the last departure (and a VAWA waiver). The provisional waiver does not cover it, and neither does it cover a prior removal order under § 212(a)(9)(A) without a Form I-212. The dates of every entry and exit decide which bar applies.

The I-601A provisional waiver: before you leave

The provisional unlawful presence waiver lets a person ask USCIS for the § 212(a)(9)(B)(v) waiver from inside the United States, before departing for the interview, so the family knows the answer before the trip. The rules are in 8 C.F.R. § 212.7(e); USCIS has exclusive jurisdiction.

Who can file

• A person present in the United States who has an immigrant visa case pending with the State Department based on an approved petition (or a diversity visa selection) and has paid the State Department immigrant visa processing fee (§ 212.7(e)(3)(iv)) — so the NVC fee comes first.
• Who, on departure, would be inadmissible only under § 212(a)(9)(B)(i) — the 3- or 10-year bar — and meets the § 212(a)(9)(B)(v) test of extreme hardship to a citizen or resident spouse or parent.

Who cannot

Under § 212.7(e)(4): a person under 17; a person in removal proceedings, unless the proceedings are administratively closed and not recalendared when the I-601A is filed; a person with a final order of removal, unless USCIS has already granted a Form I-212; a person whose prior order was reinstated; and a person with an adjustment application pending with USCIS. For someone in immigration court, the route to an I-601A runs through the court: USCIS says that after approval "you or your legal representative will need to resolve your removal proceedings" before departing (USCIS, provisional waivers). The current state of administrative closure after a 2026 court ruling is explained in the waivers guide; the removal proceedings hub covers the court side.

Filing, fee and effect

Form I-601A (edition 01/20/25) is mailed to the USCIS Chicago lockbox; the fee is $795 in G-1055 (edition 09/09/26), with $0 for VAWA self-petitioners and SIJ applicants. Biometrics are required. USCIS may deny without first sending a request for evidence, and there is no appeal or motion (§ 212.7(e)(8), (11)) — but a denial is without prejudice: the applicant may file a new I-601A while the case is pending with the State Department, or file Form I-601 abroad after the interview (§ 212.7(e)(9)). USCIS's instructions tell applicants to keep sending NVC their visa paperwork, because "NVC cannot schedule your immigrant visa interview until it receives all of your immigrant visa paperwork."

An approved I-601A "does not take effect unless, and until" the person leaves, attends the interview and is found otherwise eligible by the State Department (§ 212.7(e)(12)). It is revoked automatically if the consular officer denies the visa for any other reason, if the petition is revoked or the registration terminated, or if the person enters or tries to enter without inspection after filing (§ 212.7(e)(14)). It gives no work permit and no travel permission. The provisional waiver covers the unlawful presence bars and nothing else: anyone with an arrest, a prior removal, a false claim or a misstatement to an officer should have that reviewed before leaving.

For help with a family-based green card, whether through a consulate abroad or by adjustment in the United States, see our green card lawyer page. If you need an I-601A provisional waiver before the interview, or an I-601 waiver after a consular officer finds you inadmissible, see our immigration waiver lawyer page.

Consular processing or adjustment of status?

Someone already in the United States may be able to become a resident without leaving, by filing Form I-485 for adjustment of status. Under INA § 245(a), that requires having been inspected and admitted or paroled, being eligible for an immigrant visa and admissible, and having a visa immediately available. The comparison: For the two paths side by side, see adjustment of status vs. consular processing.

• Entered without inspection: generally cannot adjust (unless covered by § 245(i) — a petition or labor certification filed on or before April 30, 2001 — or an exception such as VAWA), so consular processing, usually with an I-601A, is the path.
• Entered lawfully and overstayed: an immediate relative of a citizen is exempt from the § 245(c)(2) bar for being out of status or working without authorization before filing, so adjustment is often possible; a preference applicant, such as a resident's spouse, is not. The other § 245(c) bars are in the adjustment guide. Leaving to consular process would trigger the 3- or 10-year bar.
• Living abroad: consular processing is the only option.
• In removal proceedings: an adjustment application for a person who is not an arriving alien is decided by the immigration judge, while an I-601A is not available unless the case is administratively closed. Which forum is better is a strategic question the adjustment of status guide explains.

USCIS's current policy treats consular processing as the ordinary route. In memo PM-602-0199 (May 21, 2026), USCIS described adjustment as "a Matter of Discretion and Administrative Grace, and an Extraordinary Relief that Permits Applicants to Dispense with the Ordinary Consular Visa Process," not "designed to supersede the regular consular processing of immigrant visas" (our article on the May 2026 memo). Consular processing, in turn, carries the risks above: a bar triggered by the departure, a refusal no court reviews, and nationality restrictions abroad. For a person who has lived here without status, the answer depends on the exact dates of each entry and exit, the family members whose hardship counts and any record — and it should be settled before anyone books a flight. Every immigration court is listed in the courts directory.

Carlos Maury, a former U.S. Immigration Judge, leads Carlos Maury Law; to talk about a consular case, a provisional waiver or a choice between consular processing and adjustment, call (213) 769-0050. We speak Spanish.