Immigrant Visa Processing

Applications for Immigrant Visas

Prior to submission of an application for an immigrant visa to the Immigrant Visa Unit at the US Embassy in London, a petition for immigrant visa classification must first be filed by a close relative who is a US citizen or lawful permanent resident, or by a sponsoring employer or, in certain circumstances, by the applicant. The petition must be filed with the United States Citizenship and Immigration Services (USCIS). Once the underlying petition has been approved by the USCIS and the Immigrant Visa Branch of the US Embassy in London has received notification of the petition approval, an immigrant visa application may be submitted to the Immigrant Visa Branch. Once pre-processing of the application for immigrant visa is completed by the Immigrant Visa Branch, the applicant will be scheduled to attend their immigrant visa interview at the US Embassy in London. When the application for an immigrant visa is approved, the applicant is issued an immigrant visa. After the applicant enters the US as an immigrant, a Permanent Resident Card (commonly referred to as a "green card") will be mailed to the immigrant as evidence of lawful permanent resident status.

Who may apply for an immigrant (permanent) visa at the US Embassy in London?

Any person who is a resident of the UK or who is in the US and whose last residence, immediately prior to entering the US, was in the UK may apply for an immigrant visa at the US Embassy in London. In addition, any person physically present in the UK but having no residence in the UK may apply for an immigrant visa if they have permission to remain in the UK for the period required to process the application. Finally, at the direction of the Department of State or as a matter of discretion, a US consular officer may accept an immigrant visa application from an applicant who is neither a resident of nor physically present in the UK.

How to apply for an immigrant visa in London.

When the USCIS in the US has approved an immigrant visa petition, the approved petition and accompanying documents are forwarded to the Department of State's National Visa Center (NVC). The NVC then sends the applicant or the applicant's designated representative instructions to pay the required immigrant visa fee. Upon receipt of payment the NVC sends the applicant or representative an "Instruction Package For Immigrant Visa Applicants" with forms that must be completed and returned to the NVC.

To continue the application process, the applicant must indicate that he or she is in possession of all documents that will be required at the time of the immigrant visa interview and provide certain biographic information. Upon receipt of the required forms, the NVC completes its administrative processing and forwards the applicant's file to the Immigrant Visa Branch at the US Embassy, London.

If a Petition for Alien Relative (Form I-130 for immediate relative classification only) is filed with the USCIS Sub Office at the US Embassy, London, the approved petition is then forwarded directly to the Immigrant Visa Branch. The Immigrant Visa Branch then sends the applicant forms that must be completed and returned. The applicant must indicate that he or she is in possession of all documents that will be required at the time of the immigrant visa interview and provide certain biographic information.

When the Immigrant Visa Branch completes its administrative processing, it will send an appointment letter and final forms to the applicant or representative for completion. On the day of the immigrant visa appointment, the applicant, and any family members applying together, submit(s) their immigrant visa application(s) with required documents, and is interviewed by a US consular officer. The applicants must undergo a medical examination by the Embassy's physician prior to the immigrant visa interview. If the applicant is determined to be eligible for an immigrant visa, the visa is usually issued within 48 hours. The applicant's passport with the immigrant visa will be returned to the applicant by the Embassy's courier service, SMS. An immigrant visa is valid for six (6) months from the date of issuance.

Immigrant Visa Medical Examinations

The required medical examination must be performed prior to the applicant's visa interview by one of two Embassy approved facilities in London. Information regarding the location of the medical center and scheduling are provided to the applicant together with notification of the date of the applicant's visa interview. Appointments may be made by phoning +44 (0) 20 7584 9458 Monday to Friday from 9:00 am to 5:00 pm. Applicants must quote their case number (included in Packet 3 from the Embassy) when scheduling an appointment. Results of the examination will be sent to the applicant within 48 hours after the exam. If the applicant's interview is less than three days after the examination, the results will be sent directly to the Embassy. The examination fee is £180 (approximately $281) for applicants 15 and over and £90 (approximately $140) for applicants 14 and under. The fee is payable in cash (Sterling), debit card or by credit card (VISA or MasterCard only) when the appointment is scheduled. Applicants will be required to present their passports at the time of the examination and to bring one photograph for each applicant. A Link to the photograph specifications may be found on our Resource Links page.

During peak travel periods it can take up to 4 weeks to schedule the examination and the medical examination cannot be scheduled until the applicant has received notification of the interview date. If an applicant is unable to schedule his/her medical examination before the visa interview, the applicant may attend the interview without the medical report. Once the medical has been performed, the medical examiner will courier the results directly to the Embassy. The immigrant visa processing will be completed upon receipt by the Embassy of the medical report. If an applicant fails to keep his or her appointment without at least three days notice, a cancellation fee may be payable.

There is currently no mechanism in place for expedited service and the present policy is that the medical examination must be performed by an Embassy approved physician in the United Kingdom. Finally, applicants should be aware that the medical examination includes an external physical examination in which an applicant's private areas are physically touched.

UK Police Certificate for Immigrant Visas

Applicants who have been arrested and/or convicted of a crime must also complete a personal data sheet, London Form VCU1. and submit their official court records, covering all charges for which the applicant was arrested, regardless of the final disposition of the matter. Additionally, the Embassy requires the applicant to submit a police certificate from the Association of Chief Police Officers (ACPO) issued within six months of the date of the visa interview. This police certificate coves the whole of the United Kingdom and is sent to the address provided at the time of application. The ACPO report can be generated on an expedited basis (for an additional fee) within 2 days. A link to information on obtaining the police certificate may be found on our Resource Links page.

Miscellaneous

Applicants should be aware that they have been assigned a scheduled appointment arrival time at the Embassy and that there will most likely be other people present with the same arrival appointment time. Applicants should expect to be at the Embassy for approximately 3-5 hours on the date of the interview and should be aware that the Embassy will refuse admission to people who arrive more than half an hour late for their appointment.

Applicants may not to bring luggage, large bags or other items that must be searched and x-rayed, as screening such items slows the entry of all applicants. A list of Left Luggage Storage facilities near the Embassy may be found on our Resource Links page. In addition, mobile phones, PDAs, cameras and any other electronic devices, including iPods and remote entry automobile key "fobs" are prohibited inside the Embassy. Finally, with the exception of baby formula, breast milk and prescription medications, no liquids are permitted inside the Embassy. There is however a snack shop which sells drinks, sandwiches and other refreshments.

Attorneys are not permitted to accompany their clients to immigrant visa interviews.

Who may file an immigrant visa petition in London?

Generally, a US citizen resident in the UK may file an immigrant visa petition with the USCIS Sub Office at the US Embassy in London on behalf of a spouse, parent or unmarried child under the age of 21. In exceptional circumstances the USCIS officer in London will accept an immigrant visa petition from a US citizen who is not resident in the UK as long as the sponsored spouse, parent or child is a UK resident. In all other circumstances, the US citizen should file the petition with the appropriate USCIS regional office in the US.

Top

                                                                                                                                                                                                                                                                                           
 



Partners: Kehrela Hodkinson CA Bar, Nita Upadhye AZ Bar
Associate: Janice Flynn IL Bar   Of Counsel: Sharon Noble CA Bar




19/20 Grosvenor Street, London, W1K 4QH
Tel +44 (0)20 7493 1595     Fax +44 (0)20 7493 7915     info@usvisalg.com




2004-2008 Hodkinson Law Group. All rights reserved.