Frequently Asked Questions

When must I pay the USCIS Immigrant Fee?
You must pay the fee prior to departing for the United States. USCIS will not issue your green card until USCIS receives payment. However, even if you have not paid the fee, U.S. Customs and Border Protection officers will admit you, as long as you are otherwise eligible to enter. top

What if I was issued an immigrant visa before February 1, 2013?
Do I have to pay the fee?
No. Only applicants issued visas on or after February 1, 2013 will pay the new fee. The U.S. Customs and Border Protection (CBP) officers at the airport or land border will review immigration records to determine when your immigrant visa was issued. If the visa was issued on or after February 1, 2013 but the fee was not paid, the Immigrant Visa package will be collected at the point of entry, but USCIS will not issue a green card until the $165.00 fee is paid. top

Who has to pay the USCIS Immigrant Fee?
All applicants issued immigrant visas (including Diversity Visas), except children adopted under the Orphan (IR-3/IR-4) or Hague Processes (IH-3/IH-4), Iraqi and Afghan special immigrants who were employed by the U.S. Government, returning residents (SB-1s), and K visas, will pay the new fee. top

How do I pay the new fee?
You will pay the fee by going to http://www.USCIS.gov/ImmigrantFee, clicking on the link to the USCIS intake page on Pay.gov, answering the questions on the USCIS intake page, and providing your checking account, debit, or credit card information. Because checking payments must be drawn on a U.S. bank, someone else may pay the USCIS Immigrant Fee on your behalf. top

GENERAL QUESTIONS

How Does the National Visa Center Fit into the U.S. Immigration Process?
After the U.S. Citizenship and Immigration Services (USCIS) approves your immigrant visa petition, the USCIS forwards your petition to the National Visa Center (NVC) in Portsmouth, NH for immigrant visa pre-processing at the correct time. Immediate relative categories do not have yearly numerical limits, however, family preference and employment immigrant categories have numerical limits each year; and therefore, wait times are involved, which can be lengthy. top

USCIS Sent My Immigrant Visa Petition to the NVC. Now What Happens?
If your Priority Date meets the most recent Qualifying Date, the NVC will:

Invoice you for your visa application fees.
Collect your visa applicatifon and supporting documentation
Hold your visa petition until an interview can be scheduled with a consular officer at a U.S. Embassy or U.S. Consulate General abroad.

If your Priority Date DOES NOT meet the most recent Qualifying Date, the NVC will notify you and hold your petition until your Priority Date meets the most recent Qualifying Date. The Department of State updates the Qualifying Dates on a monthly basis. top

How Do I Know if My Priority Date Meets the Most Recent Qualifying Date? And What Does That Mean?
If your Priority Date is earlier than the Qualifying Date for your visa class and your foreign state chargeability, your Priority Date meets the most recent Qualifying Date and your petition is ready to begin processing at the NVC. Learn more by reviewing the visa bulletin. top

How Do I Know What My Priority Date Is?
The USCIS assigned your immigrant visa petition a Priority Date when you filed it with USCIS. If you are unsure of your Priority Date, you should refer to the Approval Notice that you received from the USCIS. top

I received a Package 4 for Immigrant Visa Applicants from the U.S. Embassy in Managua. What do I do now?
If you have received an Appointment Package for Immigrant Visa Applicants, it means that the Immigrant Visa Unit of the U.S. Embassy in Managua is ready to schedule an immigrant visa appointment for you.
Please follow the instructions in the Appointment Package for Immigrant Visa Applicants step by step. Failure to do so could result in a delay in your case and could even cause you to lose your chance to live and work in the U.S.

Once you have completed and checked off every step on the list please, fax us the final page with your name and contact information and we will send you your final interview afppointment date. Please do not request an appointment until you have checked off every applicable box in your Packet 4.

The consular officer cannot decide whethefr or not to issue you an immigrant visa until you formally apply and are interviewed. Therefore, we strongly recommend that you NOT make non-refundable flight arrangements or other travel plans until and unless you actually receive your visa.

How long should I expect to be at the Consular Section on the day of my visa interview?
It is not possible for us to predict exactly how long you will be at the Consular Section when you apply for an immigrant visa. We interview applicants as efficiently as possible consistent with reasoned, legally supportable decisions; however, you should be patient as some applicants may be at our office until 12:00 m.

We make every attempt to interview elderly applicants, applicants with infants, disabled applicants and other applicants with special needs early in the day. If you have a disability or a special need that is not apparent, please mention it during the initial screening interview so that we can expedite your interview with the consular officer. top

What is the principal beneficiary of a petition and what is a derivative beneficiary?
In a family-based immigrant visa case, the principal beneficiary of a petition is the person on whose behalf the petition was filed, that is, the person listed on the right side of the front of Form I-130 (Petition for Alien Relative). A derivative beneficiary is the spouse or child of the principal beneficiary. A preference family-based case may have many derivative beneficiaries in addition to the principal beneficiary, and all of the beneficiaries (principal and derivatives) share the same petition and the same case number. There are no derivative beneficiaries in immediate relative family-based cases, which mean that each applicant must have his or her own petition and individual case number. top

Should I get a lawyer to help me with my case?
Most applicants for immigrant visas do not require legal counsel. The decision as to whether or not to hire a lawyer or other representative is yours alone. We cannot tell you whether or not to obtain representation, nor can we recommend any specific lawyers. If you do hire a lawyer or other representative, that person may accompany you to your visa interview but may not answer questions on your behalf. You, the applicant, must answer the consular officer’s questions. top

I received a CR-1 or CR-2 immigrant visa. What does that mean?
You and the petitioner must file a Form I-751 (Petition to Remove the Conditions on Residence) with the U.S. Citizenship and Immigration Services Service Center in the U.S. with jurisdiction over your state of residence within the 90-day period immediately preceding the second anniversary of the date you were first admitted to the U.S. as a conditional permanent resident. If the I-751 is not filed within this period, your conditional permanent resident status will be terminated automatically and you will be subject to deportation from the U.S. top

What does the Child Citizenship Act do?
The Child Citizenship Act of 2000 is a law that amended Section 320 of the Immigration and Nationality Act to confer automatic U.S. citizenship upon certain categories of children born abroad upon their admission to the United States as a Legal Permanent Residents. top

The person who filed the petition on my behalf is not working. Does he or she still need to submit an Affidavit of Support?
Yes. If you are subject to the I-864 (Affidavit of Support Under Section 213A of the Act) requirement, as almost all immigrant visa applicants in Nicaragua are, the petitioner must submit an I-864 for you. This requirement applies even if the petitioner is not working or is working but does not earn enough money to support you. In these circumstances, your petitioner may find a joint sponsor who is willing to file an I-864 for you, or he or she may have a household member who is willing to file a Form I-864A (Contract Between Sponsor and Household Member).

Remember that every I-864 and I-864A must be accompanied by proof that the filer is a U.S. Citizen or Legal Permanent Resident, as well as the most recent U.S. tax returns. If the petitioner is not working, he or she must state this on the I-864. If the person has not filed a U.S. tax return, regardless of the reason, he or she must explain in writing why not. top

COMMON QUESTIONS/SITUATIONS

I am married to a U.S. citizen and am waiting for my adjustment of status interview in the U.S. My child, who is my spouse's stepchild, is in Nicaragua and is about to have an immigrant visa interview.

Do I have to become a Legal Permanent Resident before my child can be issued an immigrant visa?
No. There is no requirement that you ever become a Legal Permanent Resident. However, in order for your child to qualify as your spouse's stepchild, the consular officer must be convinced that your marriage is legitimate for immigration purposes. The most direct way for the consular officer to know that the marriage is bona fide is for U.S. Citizenship and Immigration Services of the Department of Homeland Security to have adjusted your status to that of Legal Permanent Resident. If you are not yet a Legal Permanent Resident, the consular officer may require alternative evidence (e.g., joint rental agreements, bank statements, phone bills, photographs, etc.). You and your spouse may even be asked to come to the U.S. Embassy for an interview with the consular officer. top

What if I get married after I receive my immigrant visa but before I am admitted to the United States as a Legal Permanent Resident?
If you are issued an immigrant visa under a category that requires you to be unmarried, and you marry after receiving the visa but before being admitted to the United States, you will be subject to exclusion from the United States. If you have questions about your particular situation, please contact us.

Please read Form OF-237 (Statement of Marriageable Age Applicant). top

What happens if the petitioner dies before the principal beneficiary has immigrated to the United States?
If the petitioner dies before the principal beneficiary has immigrated to the U.S., the petition is automatically revoked pursuant to 8 CFR 205.1(a)(3). This means that the consular officer will not be able to issue a visa to any of the beneficiaries of the petition and will be required to return the petition to the U.S. Citizenship and Immigration Services (USCIS) of the Department of Homeland Security (DHS).

If there are compelling humanitarian circumstances, the consular officer may recommend that USCIS reinstfate the petition. Alternatively, the applicant may contact directly the USCIS office that approved the petition to request that it be reinstated for humanitarian reasons. If USCIS reinstates the petition, the consular officer will contact the applicant(s) soon thereafter.

Please see 9 FAM 42.42 PN2 for more information on humanitarian reinstatement. top

What happens if the petitioner dies after the principal beneficiary has immigrated to the U.S.?
Eligibility of derivative applicants seeking to follow to join a principal beneficiary who has already acquired Legal Permanent Resident status is dependent on the continuing legal permanent resident status of the principal, not on the status of the petitioner. Therefore, if the petitioner dies after the principal applicant has already become a Legal Permanent Resident and one or more derivative applicants seek to follow to join the principal applicant, the derivatives retain eligibility to follow to join despite the death of the petitioner. top

What happens to the derivative beneficiary's case if the principal beneficiary dies?
If the principal beneficiary dies at any time before the derivative beneficiary immigrates to the U.S., the consular officer will not be able to issue a visa to the derivative beneficiary. Humanitarian reinstatement does not apply in such a case, though humanitarian parole may be an option. top

What about military service once I arrive in the U.S.?
If you are a man and are between 18 and 26 years old, you must register with the U.S. Selective Service System within 30 days after you enter the U.S. Registration is for conscription into military service in an emergency mobilization of the armed forces. There is no conscription at this time.

To register, go to the nearest United States Post Office, obtain a registration form, fill in the information requested and hand the completed form to the postal clerk. Within 90 days, you should receive a Registration Acknowledgement postcard from Selective Service. If you do not hear from Selective Service within this period, it is important that you contact Selective Service to verify your registration status. Alternatively, you may register online. You may also verify your registration status online.

On the day of your immigrant visa appointment, you will be required to sign Form DS-1810 (Notice of Duty to Register with U.S. Selective Service System) acknowledging that you understand your obligation to register with Selective Service.

Legal permanent residents, male or female, may join the U.S. military as enlisted personnel. For more information please contact: U.S. Army; U.S. Navy; U.S. Air Force; U.S. Marine Corps; or U.S. Coast Guard. top

My visa was refused. Why did this happen and what do I do now?
U.S. consular officers are only allowed to issue immigrant visas to those applicants who qualify under the law. A visa can be refused for a variety of reasons. For example, your immigrant visa could be denied if you have a criminal record, if you lie during your visa interview, if you lived in the U.S. without permission, or if your economic documents are insufficient. There are many other possible reasons that a visa can be refused. The consular officer who denies an immigrant visa provides a written explanation describing under what section of the law the visa was refused.

Some immigrant visa refusals may be overcome with additional evidence -- for example, 212(a)(4) public charge. Some refusals require a waiver from the Department of Homeland Security -- for example, 212(a)(9)(B) unlawful presence -- before a visa can be issued. Some refusals are absolutely permanent -- for example, 212(a)(2)(C) controlled substance trafficker.

On the day of your immigrant visa appointment, the consular officer will interview you and either will approve your visa or deny it. If the consular officer approves your visa, you will usually receive the visa package within the next week. If the visa is refused, the consular officer will give you a refusal sheet listing the section of law under which your visa was refused. The letter will also give you detailed instructions on what to do next. It is very important that you follow the instructions exactly. If you do not follow the instructions, you can be sure that your case will be delayed, and it is possible that you will lose your chance to live and work in the U.S. Please contact us if you do not understand the instructions in the letter. We will be glad to answer your questions.

Despite what some people might tell you, luck has nothing to do with whether you receive an immigrant visa or not. Consular officers base their decisions solely on the law, regulations, and Department of State policy. If you come to the Immigrant Visa Unit prepared and follow the consular officer’s directions completely, you will be much more likely to receive your immigrant visa.

A word of caution -- Form I-130 (Petition for Alien Relative) contains the following warning: “The Department of Homeland Security investigates claimed relationships and verifies the validity of documents. The Department of Homeland Security seeks criminal prosecutions when family relationships are falsified to obtain visas. Penalties: You may, by law be imprisoned for not more than five years, or fined $250,000, or both, for entering into a marriage contract for the purpose of evading any provision of the immigration laws and you may be fined up to $10,000 or imprisoned up to five years or both, for knowingly and willfully falsifying or concealing a material fact or using any false document in submitting this petition.” top

What is a waiver and how do I get one?
A waiver is a special authorization granted by the Department of Homeland Security (DHS) to put aside ineligibility. As explained in the answer to "My visa was refused. Why did this happen and what do I do now?", some refusals require a waiver before a visa can be issued. Some frequently seen refusals at the Immigrant Visa Unit in Managua that require waivers are 212(a)(6)(C)(i) for misrepresentation and 212(a)(9)(B) for unlawful presence.

In order to apply for a waiver, you must submit a Form I-601 (Waiver of Ground of Excludability) to the Immigrant Visa Unit, along with the non-refundable waiver application fee of US$585. In addition, some waivers require you to show that your exclusion from the U.S. would cause extreme hardship to your U.S. Citizen or Legal Permanent Resident spouse, parent, son or daughter. And some waivers require action by the Centers for Disease Control and Prevention and a medical doctor. There may also be other requirements. The consular officer will tell you whether a waiver is available in your case and, if so, will give you instructions on how to apply.

Remember that DHS retains sole authority to approve or deny waivers and that waivers are discretionary. top

What shall I do if the consular officer suggested DNA testing? What is that?
Please follow the instructions provided by the consular officer at the conclusion of the interview.

A DNA test is a genetic/parentage test in conjunction with your citizenship or immigration case. You should know that testing can be expensive. All expenses associated with the testing are the responsibility of the individual tested. For this reason it is requested only when no other options appear to be available. While we cannot require you to undergo this testing: we may not be able to continue processing your case without it.

In citizenship cases most laws require a blood relationship regardless of marital status to confer U.S. citizenship. Therefore, though the offspring of a valid marriage are generally presumed to be the issue of married parties, in cases where there is doubt testing may be required. Similarly, in immigration cases where a blood relationship is required (e.g. no step child relationship exists), testing may be necessary if the parentage cannot be satisfactorily documented through other means.

The Department of State requires DNA testing for visa and citizenship purposes are done by a lab that is accredited by the American Association of Blood Banks (AABB). Please consult the AABB website for a listing of accredited labs.
If you want more information please check the following link http://www.travel.state.gov/visa/immigrants/info/info_1337.html top

Why do you have to take my fingerprints, and how much does it cost?
A strict background check has long been required for all visa applicants. As part of this check, we take electronic fingerprints of many of our applicants on the day of the visa interview. There is no additional charge for these electronic fingerprints. top

I was arrested in the past. What should I do?
If you have ever been arrested for any reason, at any time and in any country, you must tell the consular officer during your immigrant visa interview. Question 31 of Form DS-230 (Application for Immigrant Visa and Alien Registration) and question 38 of Form DS-156 (Application for Nonimmigrant Visa) ask you whether you have ever been arrested. You must answer these questions truthfully, and you must explain the details of your situation.

Bring to your visa interview all documentation concerning any and all arrests, even if the charges were dropped or you were acquitted, pardoned or given amnesty. In addition, you must provide a copy of the statute under which you were arrested and a translation of the statute into English. The consular officer will review the evidence and make a decision as to whether or not you are eligible for a visa. top

What is a fiancé (K-1) visa?
A fiancé visa (or K-1 visa) is technically a nonimmigrant visa. The fiancé visa is for foreigners who wish to marry a U.S. citizen in the United States and then become legal permanent residents without having to leave the United States. K-2 visas are for the children of K-1 applicants. top

I think I am a Legal Permanent Resident, but I have been out of the United States for one year or longer. I want to return to live in the U.S. What do I do?
It is possible that you may qualify for returning resident status. Returning resident status is for an alien who meets the following requirements:

Was a lawfully admitted permanent resident of the United States at the time of departure
At the time of departure, had the intention of returning to the United States
While residing abroad, did not abandon the intention of returning to the United States
Is returning from a temporary residence abroad; or if the stay was protracted, this was caused by reasons beyond his or her control.

To apply for returning resident status, you must visit the U.S. Embassy and explain your situation to a consular officer. top

I am a Legal Permanent Resident but my “green card” was lost/stolen/expired while I was visiting Nicaragua.
If you have been out of the U.S. for less than one year and your permanent resident card (often called a “green card”) was lost/stolen/expired, you must request a transportation letter. Please see our Boarding Foil for LPR information on the webpage. top

I have a valid/ expired/ resident card (green card), could I apply for visitor visa? Or will abandoning my residency status/ resident card (green card) help me get a visitor visa?
If you are legal permanent resident or in a possession of a valid/ expired resident card (green card) and no longer interested in living in US, but would like to visit the US for a short time, you need to apply for a visitor visa. Visit the following link; How to apply, in order to get the information. You will also need to fill out the Form I-407 (print it out and bring it to your consular interview day) in order to formally abandon your residency status/resident card. Note: Abandoning your residency status/resident card is not a guarantee that you will be approved for a visitor visa. top

I still have immigrant visa questions. How can I find more information?
If you already have a pending immigrant visa case and can supply us with the MNG number, you may direct specific questions about existing cases to us by emailing ManaguaConsularIV@state.gov. The MNG number should be in the subject line of your email followed by the general nature of your inquiry (e.g., fiancé visa, affidavit of support, etc.). We will try to respond to your inquiry within two working days.

If absolutely necessary, you can visit us in person for additional information, on Mon, Weds and Fri from 1 - 3pm. top

I have feedback to share concerning the immigrant visa process. How do I submit my comments to your office?
The Immigrant Visa Unit welcomes your comments, complaints, compliments and suggestions concerning any and all aspects of the immigrant visa process, including the treatment you receive from our employees. The best way to send us your feedback is by emailing us at ManaguaConsularIV@state.gov. top

I received my immigrant visa and am about to move to the United States. Where can I get more information about living in the United States?
Please see Welcome to the United States: A Guide for New Immigrants (PDF). This booklet, produced by U.S. Citizenship and Immigration Services, contains a wealth of information on topics such as registering your child for school, maintaining your immigrant status, finding a job and becoming a U.S. citizen. top

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Embassy of the United States Managua, Nicaragua

Visas

Frequently Asked Questions

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