Welcome to Law Offices of Lal Varghese, PLLC, Dallas
(Immigration Law Firm)
About our Law Firm
We are an immigration law firm in Dallas, Texas with more than 34 years of experience in U. S Immigration laws. We restricts our practice in U. S. Immigration laws mainly in Family based category, Religious Visas, National Visa Center processing and Consular practice. Attorney Lal Varghese, after having completed his Bachelor’s Degree in Science (B.Sc.), Bachelor’s Degree in Law (LL.B.), Master’s Degree in English Literature (M. A.), and Master’s Degree in Psychology (M. A.), was admitted to practice by the Bar Council of Kerala as an Advocate in the State of Kerala, India in 1978.
Attorney Lal Varghese, is admitted to practice as an attorney in the State of Texas, U. S. A., before the Supreme Court of Texas, and also before the U.S. District Court for the Northern District of Texas (Federal Court) since 1992. He is still licensed in Kerala, India to practice as an Advocate in any courts. He has been practicing legal profession for the past 48 years, out of which he is been practicing as an Attorney in immigration law for the last 34 years in Dallas, Texas.
Attorney Lal Varghese is a member of several legal and professional associations including the American Immigration Lawyers Association (AILA), American Bar Association (ABA), National Asian Pacific American Bar Association (NAPABA), National South Asian Bar Association (NASABA), Indian-American Bar Association, State Bar Of Texas, Dallas Bar Association, Dallas Asian American Bar Association (DAABA), and Texas Chapter of American Immigration Lawyers Association (AILA) and also one of its founding members. He also volunteers his time as a mentor for other US immigration lawyers through AILA.
Recently, attorney Lal Varghese has been designated as a Senior Attorney by State Bar of Texas and also by American Immigration Lawyer’s Association (AILA). Attorney Lal Varghese also published a book titled “Continuing the Faith Journey” consisting of selected articles written by him based on biblical themes and subjects. The proceeds from the sale of the book was donated to the project “Light to Life” of the Diocese of North America of the Mar Thoma Church to help the children studying in schools in India.
Attorney Lal Varghese serves as legal counsel for the Diocese of North America of the Mar Thoma Church, primarily handling R-1 visa petitions for priests transferred to the United States. He assists newly formed congregations and parishes in registering as nonprofit religious organizations and in obtaining tax-exempt status under Section 501(c)(3) of the Internal Revenue Code. Attorney Varghese has also been a member of the Legal Affairs Committee (LAC) since its inception in 2006.
Our Law Firm also has started a YouTube channel for educating the general public about the U. S Immigration laws. We have already published more than 60 videos containing information about various visa categories including study, visit, obtain work visa and green card in America. The link to the YouTube channel is given below. We are requesting everyone to view our YouTube videos and read the description given for each videos and also subscribe the YouTube channel so that you may get the latest news and updates in U. S Immigration laws instantly. Thanks
https://www.youtube.com/channel/UCV2cnClmkYG_u4O-42bHtFQ
Our Law Firm Contact Information:
Lal Varghese, Esq.
Law Offices of Lal Varghese, PLLC
1111 Kinwest Parkway, Suite 120
Irving, Dallas, TX 75063
Tel: (972) 788-0777 (Main) (972) 788-1555 (Direct) (Available only between 8:30 AM to 4:30 PM (CST) from Monday – Friday)
E-Mail: attylal@aol.com
WhatsApp Business Phone: +19725561109 (Available only between 8:30 AM to 4:30 PM (CST) from Monday – Friday)
Fax No: (972) 874-7909
Web Site: https://www.attorneylalvarghese.com
Facebook: https://www.facebook.com/usattorney
https://www.youtube.com/channel/UCV2cnClmkYG_u4O-42bHtFQ
Practice limited to Federal Law | Immigration and Nationality Act
Practicing legal profession for more than 48 years since 1978
Also licensed in Kerala, India as an Advocate since 1978
Web Sites of Various U. S. Government Agencies Administering U. S. Immigration Laws
USCIS for Detailed Information About its Process, Forms, Filing of Petitions and Applications for Immigration Benefits, Immigration Laws and Rules and Guidelines:
https://www.uscis.gov/
CBP for I-94 Print Out for Non Immigrant Travelers and SEVIS Registration:
https://www.cbp.gov/
How to Study in Colleges and Universities in U. S. A.:
https://www.usa.gov/study-in-US
Visa Waiver Program to Visit U. S. A.:
https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visa-waiver-program.html
Department of State Information for U. S Passports, Visas, Visa Bulletin etc.:
https://travel.state.gov/content/travel.html
List of U. S. Embassies and Consulates Around the Word:
https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/list-of-posts.html
National Visa Center and Consular Processing Including Submission of Visa Applications and Uploading Documents:
https://ceac.state.gov/ceac/
https://travel.state.gov/content/travel/en/us-visas/immigrate/nvc-timeframes.html
Outsourcing Agency Handling Visa Services for Consulates in India Including Profile Creation, Scheduling for Finger Print Appointments, Consular Appointments:
https://www.ustraveldocs.com/
Travel to U. S. A. Advisory by Center for Decease Control (CDC) of U. S. Government
https://www.cdc.gov/coronavirus/2019-ncov/travelers/from-other-countries.html
U.S. Government Services and Information:
https://www.usa.gov/
Legal Services Offered by Law Offices of Lal Varghese, PLLC, Dallas
We mainly practice in Family Based Immigration and Religious Visas, USCIS Processing, National Visa Center Processing and Consular Practice.
General Disclaimer
Privacy Policy:
CONTACT US:
Lal Varghese, Esq.
Law
Offices of Lal Varghese, PLLC
1111 Kinwest Parkway, Suite 120
Irving, Dallas, TX 75063
Tel: (972) 788-0777 (Main)
Tel: (972) 788-1555 (Direct) (Available only between 8:30 AM to 4:30 PM (CST) from Monday – Friday)
Fax No: (972) 874-7909
E-Mail: attylal@aol.com
WhatsApp Business Phone: +19725561109 (Available only between 8:30 AM to 4:30 PM (CST) from Monday – Friday)
Web Site: https://www.attorneylalvarghese.com
Facebook: https://www.facebook.com/usattorney
YouTube: https://www.youtube.com/channel/UCV2cnClmkYG_u4O-42bHtFQ
Practice limited to Federal Law | Immigration and Nationality Act
Practicing legal profession for more than 48 years since 1978
Also licensed in Kerala, India as an Advocate since 1978
Family Based Visas for Green Card
The main family based visa categories are given below.
IR – Immediate relatives of U. S citizens which includes spouses and unmarried minor children under 21 years and parents of U. S citizens. Unlimited number of visas are available every year from any country in the world. Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=5pP-VSC-0Y4
F-1 – Unmarried children over 21 years of U. S citizens. There is quota restriction for visas for each country and hence there is waiting period for visa availability. Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=_bxw06OVoQE
F-2A – Spouse and unmarried minor children under 21 years of Green Card holders. There is quota restriction for visas for each country and hence there is waiting period for visa availability. At present there is no waiting period since July 2017 and visas are immediately available. Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=564i-CDjBQc
F-2B – Unmarried children over 21 yeas of Green Card holders. There is quota restriction for visas for each country and hence there is waiting period for visa availability. Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=WsOvfHV56zs
F-3 – Married children of U. S citizens. There is quota restriction for visas for each country and hence there is waiting period for visa availability. Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=1SacJMj0HBk
F-4 – Brothers and sisters of U. S citizens. There is quota restriction for visas for each country and hence there is waiting period for visa availability. Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=BMLr9A699yI
Steps Involved:
In all of the family based categories a qualified relative either a U. S citizen or Green Card holder must file the immigrant petition with the U. S. Immigration (USCIS), an agency under the Dept. of Homeland Security. Once the petition is submitted the beneficiary will be assigned with a priority date for all preference category visa petitions. They may take any time from 6-12 months to process and approve a petitions provided the petitioner has submitted all documents to support the approval of the petition. If not enough evidence is submitted, the petitioner may receive a Request for Evidence (RFE) with an 84 days time period to submit the required evidence. If the petitioner fails to file the required evidence or or fails to submit the required evidence, the petition may be denied.
If the petition is approved, the same will be notified to National Visa Center (NVC), which is an agency under the Department of State, involves in the processing of immigrant visa and schedules the case for interview at the appropriate Embassy or Consulate. The applicant and family members if any must appear for the interview at the consulate with all original documents and medical report and also must appear for finger print. If approved, the immigrant visa will be issued for 6 months.
K-3 Visa Option:
The USCIS policy is to approve K-3 visa petition for spouses of U. S. citizen, while the I-130 petition for immigrant visa is pending. The policy was enacted when 1-130 petitions were pending more than 2 years for adjudication.
Now, due to lack of funds and personnel, USCIS does not process K-3 petition separately, even though I-130 petitions are taking about 16-18 months for adjudication.
When they adjudicate and approve I-130 petition, they will terminate the K-3 petition, since I-130 is more pending. Hence, there is no sense under present circumstances to file K-3 petition.
Lot of agents misrepresent petitioners and charge additional money for filing K-3 petition by representing that their spouses can be here within 90 days. Of course the original intention of the K-3 petition was to bring spouses within 90 days, but as mentioned above USCIS does not process K-3 petition separately any more.
Employment Based Visas for Green Card
The main employment based visa categories are given below.
EB-1 Visa – EB -1 category is set apart for priority workers who include aliens with extra ordinary ability, outstanding professors and researchers and certain multinational executives and managers. For India, there is no waiting period at present including all other countries. Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=N6jiR36tChY
EB-2 Visa – EB-2 category is set apart for aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. For India, there is a waiting period of about 11 years, but for all other countries except China, there is no waiting period. Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=N6jiR36tChY
EB-3 Visa – EB -3 category is set apart for Skilled Workers, Professionals and Other Workers. For India, there is a waiting period of about 9 years, but for all other countries except China, there is no waiting period. Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=37mrhWOwrMA
EB-4 Visa – EB -4 category is set apart for Ministers, Certain Religious Workers and Special Immigrants. For all countries including India, there is waiting period, some times visas are unavailable also. For religious category namely ministers and religious workers, they must be working for the same denomination in the same position at least for past two years in order to be qualified. This can include also job for the same denomination outside U. S. A. Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=LMivFArE9dM
EB-5 Visa – The investor must invest 1.050 million dollars in a targeted employment area (TEA) or $800,000 in a designated TEA by USCIS at risk in a U. S. business first before the U. S employer can file an immigrant petition with the U. S Immigration seeking approval for the investor under the EB-5 category. The initial period of admission will be only for 2 years and is known as conditional residency status. The condition is that the investor must invest the rest of the funds in the business and need to hire 10 U. S citizen or Green Card holder workers (not his immediate relatives) within this 2 year period and should file a petition to remove conditional residency status and to obtain permanent Green Card valid for 10 years. Spouse and unmarried children under 21 may obtain Green Card as derivative beneficiaries. The processing time for both initial petition and the petition to remove conditional residency status varies from 2-5 years now. For India and all other countries, there is no waiting period, but for China there is a waiting period of 5 years. During the processing period of initial petition the investor may not stay and do the business in U. S. A. Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=rSGAu6yViXs
Gold Card for 5 million – Proposal
The “Gold Card” remains a proposal, not legislation. No law has been passed to establish it, nor has any executive order or regulation given it legal force. Congress remains in control of immigration law. The President cannot unilaterally repeal or replace the EB-5 visa program—it requires an act of Congress.
What’s Happening Now?
Trump announced the concept in February 2025: a $5 million “Gold Card” that would grant permanent residency (and potentially citizenship) without meeting the EB-5 job creation requirements. There’s been some discussion of a “quiet trial” of the program, and claims of waitlists being formed. But again, none of this carries legal authority
Non Immigrant Visa Categories
There are nonimmigrant categories like A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, T, U, V and its subcategories which allows to visit U. S. A, study here, work here for temporary period of time. The main non immigrant visa categories are given below.
H1-B Visa – H-1B visa is specifically intended for professionally qualified people to work in America in a specialty occupation. A specialty occupation is one which requires a professional bachelors’ degree or its foreign equivalent and the position must require a minimum U. S bachelors degree as minimum qualification for entry level position. Hence not all positions are qualified for H-1B visa including the Nurses. The maximum period of stay and work allowed is 6 years, but initial admission is only for 3 years subject to an extension of stay for another 3 years. Only 65,000 visas under regular quota and 20,000 under U. S. master’s degree quota world wide per year is available. Since there are more than 300,000 petitions filed in the past for the above quota of visas, there is a H-1B lottery registration conducted in the month of March every year and only selected petitioner/ employers will be allowed to file H-1B petitions beginning April 1st of every year. The spouse and unmarried children under 21 years are eligible to apply for dependent visas H-4 along with the H-1B employee. Spouses are not allowed to work, but may work under certain conditions fulfilled, but children are allowed to study in schools and not in colleges full time. They may have to change their status to student status (F-1) in order to study in colleges full time, but some colleges allow them to study in H-4 status also. You may have to check with your college or university. Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=I4ilsNQON-0
L-1A/L-2A Visas – L-1 visa is divided to into two sub categories namely L-1A and L-2B. L-1A is fore executives and managerial positions and L-2A for people having specialized knowledge in a particular field. The maximum period allowed is 7 years, but initial admission is only may last from 1-3 years subject to an extension of stay to a maximum of 6 years for L-2B and 7 years for L-1A employees. The spouse and unmarried children under 21 years are eligible to apply for dependent L-2 visas along with the L-1 employee. Spouses allowed to work provided they apply for work permit and children are allowed to study in schools. They may have to change their status to student status (F-1) in order to study in colleges full time and need to check with colleges and universities for their requirements in this connection. Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=QwcXPzCyJUc
Visa for Nurses – H-1B visa category is the only nonimmigrant category, in which Nurses may try for nonimmigrant visa to work for temporary period of time here in America. As we mentioned above, the minimum requirement to obtain job in H-1B category is professional U. S bachelor’s degree or its foreign equivalent. Of course bachelor’s degree in Nursing and master’s degree in Nursing from India is recognized as equivalents to bachelors degree and masters degree in Nursing respectively. In order to be qualified for H-1B position, it must require minimum bachelors degree as entry level qualification. As you know, the position ‘Nurse’ does not require minimum bachelor’s degree in nursing to work in America or in any other country. The positions like Nurse Manager, Nurse Anesthetist, Nurse Practitioner etc. positions which require minimum bachelor’s degree or masters degree in nursing may be qualified as specialty occupation for H-1B visa. The main issue may be not that many employers may be willing to hire a nurse from India for this type of position directly unless you find agencies who provide nurses to hospitals or other medical facilities in the above positions. There are about one or two States in America, which requires bachelor’s degree in Nursing as minimum entry level qualification to work as a Nurse. Hence, Nurses may be eligible for H-1B visas in those States. If you are lucky enough to find a Non Profit Organization which runs a hospital or a medical facility and if they require positions mentioned above, there is no quota restriction for H-1B visas to work in such places. Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=Li8QTcRx-24
R-1Visa – Religious visa (R-1) for priests and other traditional religious workers to work in religious facilities in America like temples, churches and mosques and other similar religious facilities and organizations. The maximum period of stay and work allowed is 5 years, but initial admission is only for 30 months subject to an extension of stay for another 30 months. The spouse and unmarried children under 21 years are eligible to apply for dependent R-2 visas along with the priest or religious worker. Spouses are not allowed to work, but children are allowed to study in schools. They have to change their status to student status (F-1) in order to study in colleges. Children are not allowed to continue in R-2 status after reaching 21 years of age or married whichever comes first. Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=hmVzJNRvUI4
F-1 Student Visa – Student Visa is only for studying America. There are colleges and universities approved by the U. S. Immigration (CBP) to enroll foreign international students. In order to obtain admission in such approved colleges and universities, every person must meet their admission requirements for international students. Most colleges and universities require GRE and some even require TOEFL examination to seek admission. Most colleges and universities may not require TOEFL since the medium of instruction in India if it is in English and you have completed your High School or Bachelor’s degree in English medium. Student visas are issued for the duration of status (D/s) for the period of the course as noted in the I-20. After obtaining the I-20, visa needs to be obtained from the consulate. Once you obtain student visa and enter here, it is valid for Duration of Status (D/S) as long as you enroll and continue to study in school with grade requirement. Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=_bxw06OVoQE
K-1 Fiancé Visa – Only U. S citizens are eligible to file fiancé petitions with the U. S. Immigration for approval. Green Card holders are not eligible for fiancé petition filings. The U. S citizen and his or her fiancé must meet in person during the 2 years prior to filing the application for fiancé visa. There are no exemptions for this requirement unless your religious customs prevent the boy and girl from meeting each other. The travel ban due to COVID-19 or unable to obtain leave from your job or unable to obtain visa for travel to the fiancé’s country of living are not grounds for waiver of this requirement. Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=XzTfopHiJ68
B1-B-2 Visa -Visitor visa is mainly for visiting America for temporary period of time. The main types of visitor visas are B-1 for visiting for business purpose and B-2 for visiting for pleasure like family, friends and places of attraction. The initial entry will be limited to 6 months and if needed an extension of stay can be obtained for another 6 months subject to a maximum of stay of 1 year in America. Visitor visa entrants should come with a round trip ticket and should have enough visitor visa heath insurance while here. They should maintain their nonimmigrant intention (intention to return to their home country) during the entire time of stay here. Visitor visa persons are no longer allowed to study in colleges and colleges without approval of their change of status application. Under a new rule by Dept. of State, visitor visa persons are no longer allowed to marry and apply for Green Card, obtain admission in schools and colleges and change their status to student status, obtain job and change their status to work visas, if the primary intention of coming to U. S. A. is for engaging in such activities. If anyone enter and engage in such activities especially during 90 days of entry, the presumption is that they have committed misrepresentation and their applications may be denied and may be put in deportation proceedings. Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=zQujcuKot1Y
Fast Track Processing of Visas – Since there is huge backlog for scheduling appointments for various nonimmigrant visas, especially after COVID, some agencies are publishing wrong information that they can schedule your interview for nonimmigrant visas at any U. S. Embassy or consulate under fast track processing.
Please understand there is no fast track processing or scheduling of interview for nonimmigrant visa at any U. S. Embassy or consulate in any countries including India.
Any such information is absolutely false and involves misrepresentation and amounts to fraud. Please do not pay any money to such agencies. For accurate information about visa interviews and time for waiting for an interview, please visit the website of the Embassy or Consulate in your country.
New $15,000 Bond for Visitor Visas – Effective August 20, 2025, the U.S. Department of State has launched a 12-month pilot program requiring certain applicants for B-1/B-2 (business and tourist) visas from specific countries to post a refundable bond of $5,000, $10,000, or $15,000, as determined by a consular officer.
Currently, only citizens of Malawi and Zambia are subject to this bond requirement—though additional countries may be added later. The bond is refundable only if the traveler:
Departs the U.S. before their authorized stay expires,
Complies with visa conditions,
Uses designated airports (Boston, JFK, or Dulles) for entry and exit
The Department of State bases country selection on factors such as high overstay rates. India’s B-1/B-2 visa overstay rate is relatively low (around 4%), which is significantly lower than risks associated with Malawi or Zambia
Latest U. S Immigration News and Consular Interview Updates
Consulates in India are Conducting Limited Visa Interviews:
Effective April 8, 2021, due to rising COVID cases and deaths in India, for the safety and protection of the customers and staff, until further notice the U.S. Consulate General in Mumbai will only provide essential services to U.S. citizens and limited visa services. U.S. Embassy New Delhi and the consulates in Chennai, Hyderabad, and Kolkata continue its operations, on a very limited basis, but will assess local conditions regularly. Should conditions require cancellation of some appointments, the visa applicants will be notified directly by email. The Consulate is unable to speculate on or respond to inquiries regarding potential future cancellations or appointment availability. Applicants not notified of an appointment cancellation should plan to attend their interview appointment on the scheduled date and time.
U.S. Embassy New Delhi and the consulates in Chennai, Hyderabad, and Kolkata continue to accommodate a limited number of regular visa appointments, including student visas.
Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=kNTj-Z41p2E
Section 221(g) Letter Issued by Consulate – Section 221(g) letter is issued by the consular officer, based on the application for visa, petition submitted, documents and evidence the applicant for visa has submitted, and answers given during the interview, if it appears that such person is not eligible to receive the visa. The applicant has one year time to submit the requested documents to the consulate through drop off location.
The language in the section 221(g) letter is little scary, since it says visa is refused. But remember, your application for visa is only refused for the time being and not denied but only refused for the time being until you submit all the requested satisfactory documentary evidence to the consulate. In majority of the cases, you do not need to appear for the interview again, unless required to do so. Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=EbYlkDxOaK8
CSPA Eligibility – The Immigration and Nationality Act (INA) defines a child as a person who is both unmarried and under 21 years of age. If someone applies for lawful permanent resident (LPR) status as a child but turns 21 before being approved for LPR status (also known as getting a Green Card), that person can no longer be considered a child for immigration purposes. This situation is commonly referred to as “aging out” and often means that these applicants would have to file a new petition or application, wait even longer time to get a Green Card, or may no longer be eligible for a Green Card.
Congress recognized that many children were aging out due to large USCIS processing backlogs, so it enacted the Child Status Protection Act (CSPA) to protect certain children from aging out. The CSPA went into effect on August 6, 2002. Once the CSPA eligible child files his or her DS 260 and or adjustment of status application or in some cases I-824 his or her age is locked and will not increase for visa issuance purpose. It is very important that you should make sure that all of your eligible children’s names are included in the fee invoice issued by NVC before you begin processing the case. Attorneys with expertise and experience in NVC processing may help you to find out whether your child who turned 21 years is eligible to obtain visa along with you. They can file request with NVC with the necessary CSPA calculations and evidence to add the name of such child and remit the fee and begin processing your case along with all other family members. Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=Er90gzw5sCg
National Visa Center (NVC) Processing of Approved Immigrant Visa Petitions for Consular Processing – All immigrant petitions filed and approved by the U. S. Immigration (USCIS) must be processed for immigrant visa through National Visa Center (NVC) an agency under the Dept. of State before the case can be scheduled for interview at the consulate. For immediate relative cases like spouses and unmarried children under 21 years and parents of U. S. Citizens (IR), there is no waiting period for the priority date to become current to schedule for interview since visas are available all the time. But for all other categories, known as preference categories, except F-2A spouses and unmarried minor children under 21 years of Green Card holders, there is waiting period for the priority date to become current before their cases can be scheduled for interview. Prior to scheduling for the interview, the NVC must review all the documents and evidence and affidavit of support and its supporting documents submitted by the petitioner and applicants and need to confirm that the case documentary qualified (DQ) before it can schedule for interview. Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=-LdGQ6LOpE4
Expedite Request Criteria for Scheduling Cases for Interview at Consulate – If a visa is available for your relative by the priority date becoming current or your relative is an immediate relative of U. S citizen and if your case involves a life and death medical emergency, processing of your case can be expedited by filing the request with NVC if the case is pending at NVC or with the Consulate if the case is pending at the consulate. This life and death medical emergency can be either for the petitioner and or the applicant for the visa. You need to submit a letter of declaration from the physician or specialist doctor who is attending the petitioner or the applicant and submit the same to National Visa Center (NVC), if your case is still pending at NVC or submit the request with Consulate if your case is pending at Consulate. We also recommend that you may add medical records including lab reports and other scanning reports for review by the NVC or Consulate. The letter from the physician must include his contact information and declare a life or death medical emergency.
The NVC or the Consulate will review your request immediately and if they feel that it is a life and death medical emergency, they will schedule your case for interview immediately. It is very important that applicants are only allowed to make one expedited appointment request. Prior to making the request you must meet all the expedited criteria requirements. If you file false and frivolous information and records for filing expedited request, not only the same will be denied, it may affect the refusal of visa by issuing section 221(g) letter, denial of visa for committing fraud in seeking an immigration benefit. You must consult with attorneys with expertise in consular processing to file request for expedited cases. Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=5rF5-8hATqM
Consular Interview for Immigrant Visa at Mumbai – Remember, each case is different and will be reviewed by different consular officers in Mumbai. Only Mumbai consulate conducts immigrant visa interviews since January 2012. Previously, immigrant visa interviews were conducted at U. S Embassy, New Delhi, Consulate in Calcutta and Chennai. In other words, U. S Consulate in Mumbai is the exclusive consulate which conducts immigrant visa interviews for people living in any States in India. Hence, you may not transfer you case from Mumbai to any other consulates in India for the above reason. Simply, because your immigrant petition filed by your petitioner was approved by U. S Immigration (USCIS), simply because the National Visa Center (NVC) accepted and they are documentary qualified (DQ) does not mean that you will be issued with a visa. Please look on the back side of your approval letter (Form I-797) issued by USCIS, which clearly says, this approval does not mean that a visa will be issued, but this approval only allows you to file your application for visa.
The consular officer in each case looks differently the documents you have submitted and if they feel any unusual fact patterns or suspicious documents, or vague answers, they may question you extensively during interview. You should be ready to answer any questions in the simplest way you can with crisp and clear way. Your answers should not be vague, which may prompt more questions by the consular office or your answers may make the consular more suspicious, which may result in issuance of Section 221(g) letter as mentioned above. Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=_bhPYcg12ao
USCIS Updates Policy on CSPA Age Calculation
The USCIS has updated the Policy Manual to clarify that a visa becomes available for the purposes of Child Status Protection Act age calculation based on the Final Action Dates chart of the Department of State Visa Bulletin. The new guidance applies to requests filed on or after August 15, 2025. We will apply the Feb. 14, 2023, policy of CSPA age calculation to adjustment of status applications pending with USCIS before August 15, 2025, as these aliens may have relied on that policy when they filed.
This policy update ensures both USCIS and the Department of State use the Final Action Dates chart in the Visa Bulletin to determine when a visa becomes available for the purposes of CSPA age calculation. This establishes a consistent CSPA age calculation for aliens who apply for adjustment of status and immigrant visas. The Feb. 14, 2023, policy resulted in inconsistent treatment of aliens who applied for adjustment of status in the United States versus aliens outside the United States who applied for an immigrant visa with the Department of State.
Generally, an unmarried alien child must be under age 21 to obtain lawful permanent resident status in the United States based on their parent’s approved petition for a family-sponsored, employment-based, or diversity visa. If they turn 21 and age out during the immigration process, they generally are no longer eligible to immigrate based on their parent’s petition. Congress enacted the CSPA to protect certain alien children from losing their eligibility for lawful permanent resident status based on an approved visa petition. The CSPA provides a method to calculate the alien’s age that considers when an immigrant visa number “becomes available.”
If an alien is applying for adjustment of status under a family-sponsored, employment-based preference, or diversity visa, they must seek to acquire lawful permanent residence within one year of when a visa becomes available to benefit from the CSPA age calculation. This update also clarifies that we consider an alien to have satisfied the “sought to acquire” requirement if they demonstrate extraordinary circumstances for failing to seek lawful permanent resident status within one year of when a visa becomes available. If an alien demonstrates extraordinary circumstances for not applying for adjustment of status during the period of the Feb. 14, 2023, policy before August 15,2025, we will calculate CSPA age under the Feb. 14, 2023, policy.