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IMMIGRANT VISAS

Orphans

Petition filed in the New Delhi

Visa Processing

When the U.S. Citizenship and Immigration Services (USCIS) in New Delhi have approved the I-600 petition they send the approved petition to the Immigrant Visa Unit of the Embassy or appropriate consulate.

After the petition is approved, the petitioner is instructed to go to the relevant Immigrant Visa Unit immediately. When the petitioner goes to the relevant Immigrant Visa Unit they will be given a visa interview appointment letter and a document pack. The document packet is called "Instructions for Immigrant Visa Applicants - Packet 4". The petitioner should read these instructions very carefully before proceeding. Please note: The Immigrant Visa Unit needs 24 hours for processing an immigrant visa.

The pack contains the following: forms DS-230-Part I and Part II, Application for Immigrant Visa and Alien Registration - Biographic Data; Form I-864, Affidavit of Support; information about the mandatory medical examination; and a document checklist.

Note: The petitioner is advised that the orphan should obtain a passport in advance of the visa interview. A visa cannot be issued to an orphan without a passport.

How to proceed

The petitioner should follow the instructions given in "Packet 4". Here is a summary:

  1. Complete and sign Form DS-230-Part I
  2. Complete Form DS-230-Part II up until number 34. Do not complete number 35 or sign this form
  3. Assemble the relevant documents as indicated by the document list in "Packet 4", including the Form I-864, Affidavit of Support completed by the petitioner (if applicable) and recent photographs,

Further Instructions & Information:

  • Do not mail any of the relevant documents to the Embassy or a consulate. You are required to submit the relevant documents at the time of the visa interview
  • The biographic data form, DS-230-Part I and Part II, should be completed for each person applying for a visa, regardless of age. The form may be photocopied if insufficient copies are received for each family member
  • The mandatory immigrant visa fee is for each applicant, regardless of age. The fee is paid by Indian rupee demand draft at the time of the visa interview
  • For orphans with a full and final adoption overseas where both adopting parents see the child prior to or during the adoption and where no state re-adoption requirements must be met, the Form I-864, Affidavit of Support is not required. The petitioner should instead complete Form I-864W, Intending Immigrant I-864 Exemption

What happens next?

The petitioner and orphan should come for the visa interview at the Embassy or appropriate consulate and bring the forms and relevant documents listed in "Packet 4".

The petitioner and Form I-864, Affidavit of Support

The person bringing an orphan to live permanently in the U.S., the petitioner, must accept legal responsibility for financially supporting the orphan. The petitioner accepts this responsibility and becomes the orphan's sponsor by completing and signing a document called an affidavit of support. This legally enforceable responsibility lasts until the orphan becomes a U.S. citizen or can be credited with 40 quarters of work (usually 10 years).

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