DS-260 Visa Lawyer, Boston MA

Application Process

Applicant files Form DS-260 with supporting documents with the U.S. Department of State

Interview Procedures

All immigrant visa applicants must be interviewed by a consular officer abroad at a U.S. Embassy or Consulate. Visit nvc.state.gov/interview for detailed information about the interview procedure.

Costs

There are two fees associated with consular processing:

• $325 – Form DS-260; and
• $120 – Affidavit of Support fee.

Priority Dates

Priority dates are used to determine an immigrant’s place in the visa queue. When an immigrant’s priority date becomes available, or is “current,” the immigrant may be able to apply for a green card and obtain lawful permanent resident status, if otherwise eligible.

Immigrant visas are available when an immigrant’s priority date is earlier than the cut-off date shown for their preference category and country of chargeability in the Department of State’s Visa Bulletin.

Preference categories are explained in the immigrant visa section. Country of chargeability is generally the foreign national’s country of birth.

The priority date for family-sponsored immigrant visa petitions is the date that the Form I-130, Petition for Alien Relative, was properly filed with U.S. Citizenship and Immigration Services.

Priority dates for employment-based immigrant visa petitions is either:

• The date the labor certification (“PERM”) is accepted for processing by the Department of Labor;
• USCIS accepts Form I-140 for processing;
• USCIS accepts Form I-360 for processing; or
• USCIS accepts Form I-526 for processing.

Visa Bulletin

The Visa Bulletin allows immigrants to check their place in the immigrant visa queue. How long immigrants must wait for an immigrant visa depends on the immigrant’s priority date, preference category, and the country to which the visa will be charged.

A visa is considered available when the Visa Bulletin shows the immigrant’s category as current (“C”).

Visa Retrogression

Visa retrogression may impact the processing time of immigrant visa petitions.

Visa retrogression occurs when more people apply for a visa in a particular category than there are visas available for that month. In these circumstances, the cut-off date on the Visa Bulletin moves backward to an earlier date.

Processing Times

How long consular processing takes depends on the applicant’s priority date, preference category, and country to which the immigrant visa will be charged.

Visa retrogression may further impact the processing time of immigrant visa petitions.

Visa retrogression occurs when more people apply for an immigrant visa in a particular category than there are immigrant visas available for that month. In these circumstances, the cut-off date on the Visa Bulletin moves backward to an earlier date.

Conditional Permanent Residency

Two-year green cards are given to individuals who were married less than two years at the time they applied for green card. This is known as conditional permanent residency

In order to remain a permanent resident, a conditional permanent resident must file a petition to remove the conditions of their residency during the ninety days before their two-year green card expires.

The petition is Form I-751, Petition to Remove Conditions on Residence.

Removal of Conditions

Timely filing to remove the conditions on permanent residency is a critical step for condition permanent residents to obtain a ten-year green card.

If a conditional resident does not timely apply to remove the conditions on their permanent residence, they could lose their conditional resident status and be removed from the country.