Immigrant Visas Processing

Step 1

A relative or organization in the U.S. files a petition (I-130, I-140, or I-600) on your behalf with the BCIS office closest to them. An immediate relative (parent/child/spouse) may file an I-130 petition with the consulate in Johannesburg, Cape Town, or Durban if you are a permanent resident in South Africa. Both you and your relative must be present at the filing.

Step 2

When the petition is approved by BCIS, they send it to the National Visa Center (NVC). If visas are currently available for your type of petition, NVC will immediately contact you to start gathering your documents. If your petition is NOT current, NVC will contact you when it becomes current, which could be several years later. The following web site shows the filing dates of petitions that are now current and ready for processing. Petitions filed in South Africa are sent to Johannesburg.

Step 3

When NVC determines that you are current and documentarily qualified NVC will complete the administrative processing of the case and send out a letter notifying you of your appointment date and time along with a list of required documents to be presented at the time of your final interview date.  Information on the documents required at the time of your interview can be found here.

The medical instructions are included in the appointment letter. All medical exams must be performed by a panel physician pre-approved by the Consulate General in Johannesburg and which includes physicians in Cape Town and Durban.  You can find the medical instructions and list of approved panel physicians HERE. Immigrant visas are no longer issued on the same day and take between 4-5 working days to process after your interview.

Step 4

A consular officer interviews you on the day of your appointment and that officer determines your eligibility for the visa. You will either be issued the visa or given an explanation of why you are ineligible for the visa. Often, overcoming an ineligibility involves bringing in more documents. However, some more serious ineligibilities require a waiver from USCIS, which takes additional time and documentation. If a person is found ineligible to receive a visa under one of the ineligibilities, a waiver may have to be submitted. The process can be a lengthy one. The fingerprints of the beneficiary are taken. Then the prescribed waiver application form, together with the accompanying documents, including the FBI fingerprint check results are sent to the local DHS office in Johannesburg. The process can take between 3-6 months.

In all immigrant visa cases, only a U.S. certified attorney may act on behalf of the client. The attorney should execute the Form G-28 (Notice of Entry of Appearance), a copy of which should be attached to the petition. The attorney may assist in completing the necessary forms. However, on the final day of interview, only the applicant is interviewed. The attorney may accompany but may not participate in the interviewing process.

Types of Immigrant Visas

Immediate Relatives (no numerical limit):

1. IR-1 Spouse of a U.S. Citizen
2. IR-2 Minor Child of a U.S. Citizen
3. IR-3 Orphan adopted abroad by a U.S. Citizen
4. IR-4 Orphan to be adopted in the U.S. by a U.S. Citizen
5. IR-5 Parent of a U.S. Citizen

Note:  Immediate relatives each require their own petition. Derivative applicants (spouses, minor children) are NOT allowed to travel with the beneficiary of an IR petition.

Numerically Limited Categories

There may be a waiting period of several years for the following categories of visas in some cases — see step 2 above.

1. F-1 Unmarried adult sons and daughters of U.S. citizens
2. F-2 Spouses, children, and unmarried sons and daughters of Lawful Permanent Residents (LPRs)
3. F-3 Married sons and daughters of U.S. Citizens
4. F-4 Brothers and Sisters of U.S. Citizens
5. Employment Based Immigrants with approved petitions filed by a company or organization in the U.S.
6. Diversity Immigrants with a winning lottery entry (see Diversity Visa Lottery section for details on this category).

Note: Derivative applicants (spouse and minor children) ARE allowed to travel on the petition of a beneficiary of the above categories.