Applying for a Replacement or New Immigrant Visa

An immigrant visa is generally valid for a period of up to 6 months. You must enter the U.S. within this 6-month period.[1] Consular officers do not have the authority to extend the validity of an immigrant visa (IV). But, as explained below, it may be possible to apply for a replacement or new IV. For example, the State Department has discussed with the American Immigration Lawyers Association (AILA) that travel restrictions and health issues related to the coronavirus (COVID-19) epidemic may justify issuance of replacement or new IVs. Feel free to contact our law firm for help.

Replacement Visa

If you don’t enter the U.S. during the validity of your IV (or you foresee that you may not be able to), it may be possible to obtain a “replacement” visa if[2]

  1. you were unable to use the visa during the period of its validity due to reasons beyond your control and for which you were not responsible; and
  2. the replacement visa is issued during the same fiscal year in which the original visa was issued. (Federal fiscal years run from Oct. 1 to Sept. 30).

The first step is to contact the consular post where the IV was issued to explain why you were unable to use the visa during the period of its validity. If the consular post agrees that you may qualify for a replacement visa, you must return any previously issued visa approval packet. You must pay the IV application processing fee again, unless you can prove that you were unable to use the visa as a result of action by the U.S. Government over which you had no control.[3] You also would need new passport-style photos, a new medical exam, and new police certificates if you need a visa valid beyond the expiration date of the police certificates you previously filed.[4]

New Visa

If you don’t qualify for a replacement visa but will be or were unable to use an IV during its validity period because of reasons within your control, you can submit a “new” visa application if the petition has not been revoked and if the basis for immigration still exists (i.e., familial relationship or job offer). This is also true for new IV applications outside of the original IV’s fiscal year of issuance.[5] In visa categories subject to waiting lists, there must be a visa number immediately available.

The first step is to contact the consular post where the IV was issued to explain why you were unable to use the visa during the period of its validity. Applying for a new visa would involve returning any previously issued visa approval packet, filing a new Form DS-260, filing a new set of supporting documents, getting a new medical exam, attending another interview, and paying a new IV application processing fee.

  1. INA § 221(c)(1). 22 C.F.R. § 42.72, 42.64(b).
  2. INA § 221(c)(3); 22 CFR § 42.74(b); 9 FAM 504.10-5.
  3. INA § 221(c)(3); 9 FAM 504.10-5.
  4. See, e.g., U.S. Embassy in the Dominican Republic, Frequently Asked Questions (last viewed Apr. 8, 2020).
  5. 9 FAM 504.10-5. New diversity visas can only be issued in the same, not subsequent, fiscal years.

8 responses to “Applying for a Replacement or New Immigrant Visa”

  1. roberto gutierrez Avatar
    roberto gutierrez

    Would the consulate issue me a new or replacement visa if this Executive Order is still in place and applies to me: Trump Suspends Entry of Immigrants Who Are “Risk” to Labor Market.

  2. Kat Avatar
    Kat

    I am requesting for a replacement of expired US visa (immigrant). Due to corona virus and travel restrictions, we were not able to leave the country. Will it be possible not to redo our medical examination? Is there any consideration regarding this situation? Thank you.

    1. Gary Chodorow Avatar

      Kat: Either a replacement or a new visa would require a new medical exam, if the old one is expired.

  3. Mary Avatar
    Mary

    My son got a new immigrant visa will expired in august. Can I request a replacement visa for him? He’s a minor.

    1. Gary Chodorow Avatar

      Mary: Your son will need to meet the requirements above for a replacement or new visa.

  4. Lobsang Lhundup Avatar
    Lobsang Lhundup

    I was unable to use my IR1 visa before the expiration date due to health issues. What should I do now?

    1. Gary Chodorow Avatar

      Lobsang: If a person meets the requirements listed above for a replacement visa, then usually the first step is to contact the consular post where the visa was issued to explain why they were unable to use the visa during the period of its validity. Feel free to schedule a consultation to see if that approach is best in your case.

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