Update on NVC
Posted Jan 17, 2000

The Law Office of Sheela Murthy is often asked questions about the National Visa Center (NVC), particularly since consular processing is becoming popular as it is perceived to be faster than applying for adjustment of status. We believe it is an opportune time to share information regarding the NVC and its role in U.S. immigration law matters.

The NVC is part of the U.S. Department of State and it helps to coordinate and transfer information from the INS to the U.S. consulates in foreign countries. It is also responsible for administering the Diversity Visa lottery process.

NVC announced that it takes approximately 4 to 5 weeks for files from INS Service Centers to reach the NVC. Generally, it takes the NVC another 3 to 4 weeks to send out a Packet III to the foreign national. In order to transmit cases to U.S. consular offices, the NVC will require the completed OF-230 and OF-169. In addition, the I-864, along with 3 years of tax returns, are required for family based cases or those employment based cases where the beneficiaryâs relative owns 5% or more of the company.

These time frames do not apply to Ciudad Juarez, Santo Domingo or Manila, which go through the Affidavit of Support review and are generally considered busy family based posts, rather than employment based consular posts.

The general rule is that if there is no response from the beneficiary after the NVC or the consular post has attempted to contact the beneficiary at the last known address, the case is closed out after it has been pending at the NVC for one year. Consular posts will allow the beneficiary an additional year if the beneficiary demonstrates that she or he did not know of the consular notification or the NVC's attempted contact.