Articles Posted in Spouses of U.S. Citizens

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Welcome to the start of a brand-new week. In this video, attorney Jacob Sapochnick shares with you some brand-new updates including the status of immigrant visa processing, NVC insider tips, information regarding the transfer of cases from USCIS to the NVC, NVC timeframes, expedite requests, and much more.

If you have an immigrant visa application waiting for interview scheduling at a U.S. Embassy or Consulate worldwide or if your case is stuck at the National Visa Center, then this video is right for you.

Did you know? The Consular Electronic Application Center (CEAC) is your one-stop shop to pay your immigrant visa fees and upload any necessary documentation to complete the processing of your application before it is deemed “documentarily complete.”

Want to know more? Just keep on watching.

Overview

The Role of the National Visa Center

As you may know, the National Visa Center (NVC) is operated by the Department of State. Its main role is to administer the processing of immigrant visas after their approval by the U.S. Citizenship and Immigration Services (USCIS), but before the case is actually sent to the U.S. Embassy or Consulate for a final interview. Essentially, the National Visa Center functions as a middleman between USCIS and Consulates overseas.

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In this video, attorney Jacob Sapochnick addresses a very important question: I want to apply for a U.S. visa, but my country does not have a U.S. Embassy or Consulate (or it is closed at this time), how can I apply for a visa in this situation?

Did You Know? The United States has a diplomatic presence in more than 190 countries around the world. During the COVID-19 pandemic, certain U.S. Embassies and Consulates have temporarily suspended certain U.S. visa services or have been operated at a very limited capacity due to local country conditions and regulations. In countries where the United States does not have a diplomatic presence, other U.S. Embassies or Consulates have been responsible for the processing of visas from those country nationals.

Want to know more? Just keep on watching.

Overview

There is no U.S. Embassy or Consulate in my home country (or the post nearest me is closed) what can I do to get a U.S. visa? What are my options?

Options for Nonimmigrant and Immigrant Visa Applicants

In countries where the United States has no diplomatic presence, or where the U.S. diplomatic mission has limited or suspended its activities, often times the U.S. Department of States will accommodate visa seekers by processing their applications at U.S. Embassies or Consulates in nearby countries.

However, the U.S. Embassy or Consulate in a nearby country must be willing to accept applications from third-country nationals for the visa type sought. Please note that certain U.S. Embassies or Consulate may not be able to accommodate applicants if the officer is not trained to speak the third-country language or is not familiar with the process for third-country nationals. Third country nationals should also be aware that they bear the responsibility for paying their own costs of transportation and hotel stay in a nearby country, during the visa interview and visa issuance process. Medical examinations for immigrant visas may also need to be conducted by a civil surgeon in the nearby country, therefore applicants should contact the U.S. Embassy or Consulate where they wish to apply to understand the requirements and procedures for third-country nationals.

Due to the recent closure of the U.S. Embassy in Moscow, Russia, for instance, the Department of State designated U.S. Embassy Warsaw in Poland as the processing post for Russian immigrant visa applications.

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In this video attorney Jacob Sapochnick addresses a somber but important topic: What happens when a U.S. Citizen dies, can a LPR spouse still apply for naturalization after 3 years?

To know more about this topic, just keep on watching.

Overview

Applying for Naturalization After the Death of an Immediate Relative

In this post we answer one of your frequently asked questions:

Q: I became a green card holder through my husband, who was born in the U.S. and was a U.S. citizen. Sadly, my husband died last year. I would like to apply to become a U.S. citizen as soon as possible. Can I still apply for naturalization after 3 years of having my green card?

A: This question comes up more often than we would like to admit.

As you may know as a general rule, a legal permanent resident (LPR) is eligible to apply for naturalization after being a green card holder for at least 5 years.

However, there is an exception to the rule. Spouses of U.S. Citizens are eligible to apply for naturalization after 3 years of being a permanent resident, so long as they are still married and living in the same household as their U.S. Citizen spouse. Couples that are no longer living together (such as where a separation occurs) do not qualify for the 3-year exception.

But what happens when the spouse dies?

This situation recently happened to one of our clients. She was able to prove that she was living with her U.S. Citizen spouse up until the time of his death and wanted to know if she could still take advantage of the 3-year rule to apply for naturalization.

Sadly, under section 319(a) of the INA, “A person is ineligible for naturalization as the spouse of a United States citizen, if, before or after the filing of the application, the marital union ceases to exist due to death or divorce….”

That means that where a marital union ended due to the U.S. Citizen spouse’s death, the legal permanent resident cannot take advantage of the 3-year rule and must wait to reach their five-year anniversary as a legal permanent resident (LPR) before they can apply for naturalization. It is permissible to file your application 90 days before reaching your fifth anniversary as a permanent resident.

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