The U.S. Consulate General Guangzhou is the only post in China that processes immigrant visas. Our law firm regularly represents clients at this post. Based on our experience, this article gives a number of tips for a successful application.
1. Approved Immigrant Petition and NVC Processing: Generally, you will need to have an immigrant petition approved by U.S. Citizenship and Immigration Services (USCIS) before you can apply for an immigrant visa at the U.S. Consulate. This may be a Form I-130, Petition for Alien Relative; Form I-140, Immigrant Petition for Alien Worker; I-360, Petition for Amerasian, Widow(er), or Special Immigrant; I-526, Immigrant Petition by Standalone Investor. Once the petition is approved, preliminary processing of the immigrant visa application takes place at the National Visa Center (NVC). An important exception is that the Consulate may be able to directly accept and quickly process a Form I-130 on behalf of a spouse, parent, or child in “exceptional circumstances” for a U.S. citizen petitioner who lives abroad.
2. China Birth Certificate: If you were born in Mainland China, you will need to submit a notarial birth certificate (NBC) in support of your immigrant visa application. An application for an NBC is filed with a notary public with jurisdiction over the Public Security Bureau office where your household registration (户口 hukou) is currently located, or was canceled, or where you were born. The application must be filed in person by you or by a person to whom you give a power of attorney. For persons born in 1996 or later, the key evidence to submit to the notary is your medical certificate of birth (出生医学证明 chusheng yixue zhengming). For persons born earlier, the key evidence to submit is usually a certificate issued by the local police station listing your birth circumstances (name at birth, date and place of birth, parents names). For more, see How to Apply for a Notarial China Birth Certificate. In a relatively small number of cases, an NBC may be unobtainable, in which case an applicant must submit secondary evidence of their birth circumstances.
3. Communist Party Members: The U.S. Immigration and Nationality Act bars certain persons who have been members of or affiliated with the Communist Party from being issued immigrant visas. Affiliation may include employment in government, State-owned enterprises, nongovernmental organizations and quasi-governmental organizations, or as a military officer. Exceptions exist, such as for persons whose membership or affiliation ends 5 years before applying for a visa. Waivers are available for certain persons who are the parent, spouse, son, daughter, brother, or sister of a U.S. citizen; or the spouse, son, or daughter of a lawful permanent resident. See Communist Party Membership May Make You Ineligible for a U.S. Green Card or Naturalization.
4. China Police Certificate: You may be required to submit a China police certificate if you are age 16 or older and are a national of China, are a current resident, have lived in China for 12 months, or have been arrested in China. See How to Apply for a China Police Certificate.
5. Form I-864, Affidavit of Support: Like at all posts worldwide, in Guangzhou a common reason for refusal of family-sponsored immigrant visas is that the Form I-864 is completed incorrectly. See Form I-864, Affidavit of Support: Help Center.
6. Freedom of Information Act / Privacy Act Requests: In some cases, the applicant may have previously violated U.S. immigration laws or made a misrepresentation orally or in writing to U.S. immigration authorities. In such cases, it can be critical to obtain records from U.S. immigration authorities to evaluate the issue and find ways to mitigate the risks before the immigrant visa appointment. FOIA/Privacy Act requests are a way to obtain such records from U.S. immigration authorities.
7. Questions During the Medical Exam about Drug and Alcohol Use: During the medical exam, the physician will ask about your medical history. You may be asked about drug and alcohol use. If your answers or your behavior and appearance raise concerns, you may be asked to undergo urine and blood testing for drugs and alcohol. Also, if an applicant has a single alcohol-related arrest or conviction within the last five years, or two or more alcohol-related arrests or convictions within the last ten years, testing is required. Remember:
- If the physician determines that you now have or previously had an alcohol or drug-abuse related disorder and behavior associated with that behavior that has posed or may pose a threat to the property, safety, or welfare of you or others, you may be refused a visa until you prove sustained, full remission.
- A person who is convicted of or admits to violating a controlled substance crime in any country is generally ineligible for an immigrant visa. This includes use of marijuana in the U.S., regardless of the amount used or whether it was for medical purposes. Marijuana possession is a crime under U.S. federal law, regardless of whether a state has legalized it.
8. Speaking English at the Interview: There is no general requirement that immigrant visa applicants speak English. So, most applicants do not need to be prepared to speak English during their interview. Still, note:
- If you are immigrating as the spouse of a U.S. petitioner who does not speak your language, the officer may speak with you in English to see if you are able to communicate with the petitioner.
- If you are immigrating on the basis of a job offer, and the job requires English, the officer may speak with you in English to see if you are able to perform the job.
Preparing for an immigrant visa appointment can involve careful legal analysis and detailed strategic planning. Feel free to schedule a consultation with our firm to see how we can help you.
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