What are Immigrant Visas?
Unlike nonimmigrant tourist, student, and specialty worker visas, which allow someone to remain in the United States for a limited period of time, an immigrant visa permits the person who receives it to live indefinitely in the United States and to seek employment.
There are basically three kinds of immigrant visa categories: family-based, employment-based, and Diversity Visas, also popularly known as "Lottery Visas." Family-based and employment-based cases require that a petition be filed with and approved by the Department of Homeland Security before any U.S. Embassy or Consulate can take any action. Petitions approved by the Department of Homeland Security are generally forwarded to the National Visa Center (NVC) in Portsmouth, New Hampshire for processing and are then sent to the U.S. Embassy or Consulate where the applicant lives. Immigrant visa petitions that are subject to numerical limitations are assigned a priority date. Cases with priority dates are kept at the National Visa Center until the priority date is nearly current and only then are sent to the Embassy or Consulate. After an Embassy or Consulate has received an approved petition from the National Visa Center, the applicant is notified and requested to fill out several forms and submit them to the Embassy or Consulate when the applicant is ready for an interview. As soon as an Embassy or Consulate is notified that an applicant is ready, then the applicant is scheduled for an appointment and notified of the appointment date by mail.
- Family-based visas: Citizens and Legal Permanent Residents of the United States can petition for certain relatives to live in the United States. More information about the kinds of relatives for whom one can petition is available at the web site of the Bureau of Consular Affairs. Forms can be downloaded from the Department of Homeland Security web site.
- Employment-based visas: To obtain this kind of visa, an employer is required to execute an I-140 petition with the Department of Homeland Security. More information about the kinds of employees for whom an employer one can petition is available at the web site of the Bureau of Consular Affairs. Forms can be downloaded from the Department of Homeland Security web site.
- Diversity ("Lottery") Visas: At present, very few people born in India qualify to participate in the Diversity Visa, or Lottery, program since so many Indians apply for visas in other categories. For more information, check the web site of the Bureau of Consular Affairs.
Citizens and Legal Permanent Residents of the United States can petition for certain relatives to live in the United States. More information about the kinds of relatives for whom one can petition is available at the web site of the . Forms can be downloaded from the web site. To obtain this kind of visa, an employer is required to execute an I-140 petition with the Department of Homeland Security. More information about the kinds of employees for whom an employer one can petition is available at the web site of the . Forms can be downloaded from the web site. At present, very few people born in India qualify to participate in the Diversity Visa, or Lottery, program since so many Indians apply for visas in other categories. For more information, check the web site of the .
How do I know which consulate 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 Territory); Madhya Pradesh; Arunachal Pradesh; Assam; Bihar; Dadra and Nagar Haveli (Union Territory); Manipur; Meghalaya; Mizoram (Union Territory); Nagaland; Orissa; Sikkim; Tripura; and West Bengal.
How do I know when my priority date will be current?
The priority date is usually the date the petition was filed with Department of Homeland Security. Immediate Relative (IR and CR) and Fiance (K-1) cases do not have priority dates since there are no numerical limits in these categories. Almost all other categories do have priority dates.
Those whose cases have priority dates can monitor the progress of the dates on our web site via this link Visa Priority Dates or on the web site of the Bureau of Consular Affairs.
When am I going to get an appointment?
To get an appointment, we must have the case here in Mumbai and the priority date of the case must be current. If the priority date is not current, then the case is probably still at the National Visa Center (NVC). The National Visa Center's public inquiry phone number is (603) 334-0700.
If you know that your priority date is current and that NVC has already sent us the case, then we can schedule your appointment only if you have sent us the completed "Packet 3" forms. Packet 3 consists of the OF-169 and OF-230, part 1. Each applicant must complete one OF-230, part 1. One completed OF-169 form is required per case. The fastest way to obtain these forms, if you do not already have them, is by downloading them from the National Visa Center web site. Otherwise, applicants can collect duplicate Packet 3 forms from our Public Information window on any business day between 9:30 and 10:30 a.m., except for Indian and American holidays.
Fiance (K-1) cases are special. They come straight to our consulate general from the approving Department of Homeland Security office and bypass the National Visa Center completely. If it is taking a while for Department of Homeland Security to send the case on to us, we can sometimes try to recreate the case as long as you have proof the petition was approved. If you are having a problem like this, e-mail us at mumbaiiv@state.gov for more information on what to do.
My date is current, my case is in Mumbai, and I turned in my forms. How can I find out the appointment date?
We schedule immigrant visa appointments by the middle of each month for the following month. We send a letter to the address of record in each case.
We also post immigrant visa appointments on our web site every month. Please check currently scheduled appointments to see if you or your relative has an appointment in the near future. If a case number appears on this list but the applicant has not yet received an appointment letter, either the applicant or an authorized agent may pick up a Duplicate Appointment Letter from our Public Information window any business day between 9:30 and 10:30 a.m., except for Indian and American holidays.
Do I need to get a police certificate for the interview?
All Indian IV applicants aged 16 and over, residing in India, should obtain police certificates from the Local Passport Office. Applicants whose Indian passport was issued within the past six months may present just the Passport Office Police Certificate, and need not obtain additional police clearances.
Applicants over age 16, whose passports were issued more that six months previous to visa application, must also obtain a police clearance from the District Police Office serving the applicant's place of residence.
Indian passport holders applying for visas outside India should obtain a statement from their local embassy or consulate confirming they have no criminal record.
Non-Indian IV applicants residing in India should obtain police certificates from the District Police Station serving their area of residence.
Indian police certificates are not available for foreign (non-Indian) applicants applying outside India.
However, if the applicant has resided abroad since the age of 16 for periods of six months or more, then a police certificate might be required from that country, depending on which country it was. A full list of countries where police certificates are considered to be unavailable is at the National Visa Center web site.
My birth/marriage was never registered. What do I do now?
In cases where birth or marriage certificates from the authorities are unavailable or contain insufficient information, a sworn statement executed by either the parents of the applicant, if living, or other close relatives older than the applicant, all of whom must have personal knowledge of the birth or marriage, may be submitted. The affidavit should set forth the relationship between the deponent and the applicant, how well the deponent knows the applicant, how the deponent comes to know about the facts to which he or she is swearing, date and place of applicant's birth or marriage, and any other related facts. Such an affidavit, when a birth or marriage certificate is unavailable, must be accompanied by a document from a competent governmental authority confirming that the birth or marriage certificate does not exist or no longer exists.
Do I need the I-864, and if I do, how do I fill it out?
Almost all family-based applicants now require the I-864 Affidavit of Support form, a complex, legally binding contract from the original petitioner giving the petitioner's promise to support the immigrant(s) economically for a certain period of time.
We do not have the time or staff to give instructions on how to complete the forms. In addition, the regulations governing the use of these forms are very specific, and consular officers now have extremely limited discretion when evaluating these affidavits. We strongly encourage all petitioners to seek professional assistance, e.g., a lawyer, an immigration expert, or an accountant experienced with the use of this form, to assist in completing it. The form must be sent directly to the applicant. Sending the I-864 directly to the Consulate may result in delays.
The National Visa Center sends the I-864 form directly to the petitioner. You can also download it from the Visa Services page of the web site of the Bureau of Consular Affairs
How do I request consular processing of a pending employment-based case?
On a case-by-case basis, the U.S. Consulate General in Mumbai is accepting employment-based immigrant visa cases for processing when all the following conditions are met:
- Department of Homeland Security has already approved an E1 or E2 category immigrant visa petition and the applicant has an original I-797 form,
- the applicant is a resident of the Mumbai or Calcutta consular districts,
- the priority date of the case is current or could reasonably be expected to be current within 60 days (we will not warehouse non-current cases),
- waiting for the Department of Homeland Security to process the change-of-status application would cause the applicant hardship,
- the applicant has copies of all pages that made up the original immigrant visa petition,
- there does not appear to be any indication that the case is fraudulent,
- I-824 Fee Receipt required.
If you believe that your case meets these conditions, forward copies of your I-140 paperwork to the Immigrant Visa Unit, U.S. Consulate General, 78 Bhulabhai Desai Rd., Mumbai 400026 India with:
- the original I-797 Notice of Approval Form
- complete forms OF-169 and OF-230, part 1
- an e-mail address where we can contact the attorney with confirmation that we have accepted the case
DO NOT send any submissions to any officer or employee by name. Doing so mixes business with personal mail and results in lost paperwork when officers transfer.
We are accepting E3 cases that meet the above conditions on a more limited basis, where it is clear that the applicant is highly skilled. We would accord precedence to applicants who have already received H-1b visas in the same profession or for the same employer.
NOTE: This procedure only applies in change-of-status cases. If Department of Homeland Security has approved an employment-based petition and you had asked from the beginning to apply for the visa in Mumbai, then we must wait for the case to arrive from the National Visa Center.
Can't I file a petition for my relative at your office in Mumbai?
Unfortunately, we are not authorized to accept any immigrant visa petitions in Mumbai. Department of Homeland Security has exclusive jurisdiction to accept petitions.
American citizens and Legal Permanent Residents living in the United States should inquire about how to file petitions with the Department of Homeland Security office nearest to where they live.
American citizens residing in India may contact the Department of Homeland Security office at the U.S. Embassy in New Delhi. Anyone wishing to file an IR immigrant visa petition in New Delhi must contact Department of Homeland Security New Delhi on any working day (Monday through Friday) between 09:00 and 12:30 hours in order to file an I-130 Petition. A personal interview will be mandatory in each case. In all IR-1 (and CR-1) cases, marriage photographs must be submitted (where there was a traditional religious wedding). There will be no waiver for documentary evidence required by regulation.
Department of Homeland Security will attempt to accommodate all applicants in one day. However, in unforeseen circumstances, it may take more than one day for filing of a petition.
In case of any questions, applicants may call Department of Homeland Security New Delhi at (91)(11) 419-8000, ext. 8475 and 8506.
How do I arrange the medical exam?
Medical examinations can be done at any hospital designated by the Consulate. Please see our information on medical examinations for additional details.
Applicants may choose whichever of these designated hospitals is most convenient for them. Information for each hospital is mentioned below. Every applicant for the medical examination must submit his/her passport, 3 recent identical passport size photographs and the Consulate's appointment letter to the hospital. Applicants below 15 years of age need to undergo only a general physical examination. The hospitals usually provide one-day service. Applicant must make all arrangements for medical examinations, tests, and vaccinations with the hospitals directly. The applicants SHOULD submit all their old medical/vaccination records to the doctor at the time of the medical examination.
What are the fees for immigrant visas?
An up-to-date list is available on our fees page.
What are your office hours?
Information on our office hours is available here.
Why are immigrant visa cases refused?
The most common reason for which immigrant visas are refused in Mumbai is because of the applicant's failure to provide a valid, correct, and complete I-864 Affidavit of Support form that demonstrates that the applicant will not become a public charge in the United States. This complex form, which is now required in the vast majority of immigrant visa cases, is a legally binding contract from the original petitioner giving the petitioner's promise to support the immigrant(s) economically for a certain period of time. The regulations governing the use of these forms are very specific, and consular officers now have extremely limited discretion when evaluating these affidavits. We strongly encourage all petitioners to seek professional assistance, e.g., a lawyer, an immigration expert, or an accountant experienced with the use of this form, to assist in completing it. The form must be sent directly to the applicant. Sending the I-864 directly to the Consulate may result in delays.
The second most common reason for the refusal of an immigrant visa case in Mumbai is the applicant's failure to complete the medical examination prior to the immigrant visa interview. Information about the medical examination process appears above.
Unfortunately, every month our Anti-Fraud Unit also identifies a number of cases where otherwise qualified immigrant visa applicants make themselves ineligible for a visa because they misrepresent material facts about their cases or attempt to smuggle unqualified immigrants as part of their families. Anyone who misrepresents a material fact in his own case or attempts to smuggle an unqualified applicant may be permanently barred from entering the United States on any sort of visa, immigrant or nonimmigrant.
If you have some information about visa fraud, you can e-mail us confidentially at mumbaif@state.gov. Please be as specific and detailed as possible.
I was refused but want my case to be reconsidered. How do I get a new interview to do that?
If we refused your immigrant visa under section 221(g) of the law because your application was documentarily incomplete or under section 212(a)(4) because we determined that you would be a public charge in the United States, then you may return with new information and request reconsideration on any business day at 7:45 a.m., except for the second and last Friday of the month and holidays.
If we refused your visa for more serious reasons, e.g., you were deported from the United States, we caught you trying to smuggle an unqualified person, we caught you making a material misrepresentation about your case, or because of any arrests or suspected criminal activity, then it is likely that your case will require a waiver from Department of Homeland Security. You or your relatives should contact the nearest Department of Homeland Security office for more information about obtaining a waiver.
I am a Legal Permanent Resident ("Green Card" holder) of the U.S. How much time can I remain outside the U.S. before I lose my status?
An alien already admitted to the United States as a Legal Permanent Resident requires one of the following to enter the United States:
a valid, unexpired Form I-551 ("Green Card"), or
a valid, unexpired Form I-327 ("Reentry Permit")
In accordance with 8 C.F.R. 211.3, a resident's I-551 ("Green Card") expires upon the first anniversary of departure from the United States. On the other hand, the I-327 ("Reentry Permit") has a specific expiration date before which the resident must return to the United States. Residents who do not return by their deadline lose their status as Legal Permanent Residents.
I am a Legal Permanent Resident, but I did not return to the United States before my Green Card expired. What do I do now?
A legal permanent resident who remains outside the U.S. for over one year without a valid reentry permit has jeopardized his/her legal resident status. If such a person wishes to return to the U.S. as a legal resident, two options exist: obtain a new immigrant visa petition or file an application for a Returning Resident (SB-1) visa. In order to apply for an SB-1 visa, the applicant must come to the consulate in person any business day at 7:30 a.m. and bring the following documents: a valid passport, his/her green card, completed forms DS-117 and DS-156 (both forms available here), one passport-sized photograph, and a bank draft for $400 or Rs. 16,000 in favor of American Consulate General, Mumbai. The applicant must also provide evidence that he/she departed the United States with the intention of returning to an unrelinquished residence and that his/her stay abroad was for reasons beyond his/her control and for which he/she was not responsible. There is no guarantee the application will be approved, and no refunds are available for denied applications.
I lost my "Green Card." What do I do now?
You may apply for a transportation letter at our office at 7:30 a.m. any business day. You must bring the following items: a completed Form I-90, a valid passport, evidence of the most recent date of departure from the United States, evidence of legal permanent resident (LPR) status, a police report regarding the loss of the green card, three identical recent passport-sized photographs of yourself, and a demand draft for $165 or Rs. 6,600. Please be advised that the fee is non-refundable even if the application is denied and that we often need several days in order to confirm an applicant’s LPR status with other offices. All transportation letters issued by our office are valid for 15 days. If your transportation letter is approved and you fail to travel within the 15-day window, you will have to pay all fees again and obtain a new letter.
I have information on illegal aliens or fraud. To whom do I give this information?
The Department of Homeland Security has exclusive jurisdiction over aliens inside the United States. If you are in India, you can call the Department of Homeland Security office at the U.S. Embassy in New Delhi at (91)(11) 419-8000, ext. 8475 or 8506, with your information. If you are in the United States, you can call the Department of Homeland Security District Office nearest to you.
You can also send the information to us confidentially by e-mail at mumbaif@state.gov. Please be as specific and detailed as possible.
If your information applies to aliens already in the United States, we will forward the information to the Department of Homeland Security. If your information applies to aliens applying for visas here in Mumbai, then we will consider what you send us when we decide the applications.
Send any submissions to any officer or employee by name. Doing so mixes business with personal mail and results in lost paperwork when officers transfer.
Visa Services
