The National Benefits Center

The National Benefits Center was mainly constituted to serve as a passage for all USCIS field offices. The National Benefits Center(NBC) completes the pre-interview processing of the USCIS forms that require an interview. The NBC plays a specific role as a part of the Field Operations Directorate of the USCIS. The benefits center was found in the year 2001 and was initially called the Missouri Service Center. That is the reason why all the forms receipted by the national benefits center still begin with the receipt number prefix “MSC”. The NBC initially processed cases associated with the Legal Immigration Family Equity Act, but it started to processes numerous types of USCIS applications. NBC’s receive applications through the USCIS Lockbox facilities.

The primary function of the NBC is to prepare applications that require an interview at the USCIS field office, for adjudication. NBC’s also adjudicate certain applications for immigration benefits. NBS’s conduct background and security checks. They also review the supporting documentation submitted by the applicant to establish their eligibility. NBC’s work more for Form I-485, Application to Register Permanent Residence or Adjust Status and Form N-400, Application for Naturalization.

While an applicant files From I-485, he will submit all the required initial evidence. The applicant will be called for an interview only after submitting the required documentation. If the evidence is missing or if it is insufficient, the NBC will issue a Request for Evidence. Form I-485, filed by the applicant will not be processed until the required initial evidence is received.

The processing of Form N-400, at the NBC will not be delayed it the required initial evidence is lacking. But the required evidence must be submitted during the interview at the Field office to avoid delay in the adjudication or denial of the application. However, the processing times of Form N-400 and Form I-485 are not determined by the NBC and is determined by the Field Office. That is because the final adjudication is conducted by the Field Office and not the NBC. Form I-485 and Form N-400 are likely to reach over a million cases in the Fiscal Year 2012. NBC processes about 20 different types of USCIS applications along with these applications.


Adjustment of Status

The Diversity Visa (Green Card) Lottery program, conducted by the US Government, allows people from eligible countries around the world to obtain an immigrant visa (Green Card) to immigrate to the United States. If the Green Card lottery entrant is already in the United States on some other status, then he will be able to change from non-immigrant status to immigrant status by applying for an Adjustment of Status by filing Form I-485, Application to Register Permanent Residence or Adjust Status, with the USCIS.

But applying for and obtaining an adjustment of status through the DV Lottery is not a very easy task. It is because of the increasing number of applicants for the DV lottery every year. At present, 50,000 immigrant visas are offered to people from eligible countries. Eligible countries are the countries with low immigration rates to America. An application to enter the DV lottery must be filed online. People who meet the eligibility requirements for DV lottery only may apply for an immigrant visa through this program.

If you are in the United States and if you had won the DV lottery, a visa will be made available to you and you must file Form I-485. You can adjust your status to permanent resident status once your Form I-485 is approved. If you had won the DV lottery and if you are found to be eligible for an immigrant visa, your eligible dependents also will be able to immigrate with you to the United States on meeting the eligibility requirements. You will be required to submit certain civil documents at the time of filing Form I-485.

While in the United States on some other status, you must first determine your eligibility to apply for adjustment of status as all the applicants may not qualify for an adjustment of status in the United States. If you are found to be eligible to adjust status by the USCIS, you will be provided with information and instructions on how to proceed with your visa application. You may not be required to get in touch with the Kentucky Consular Center (KCC) for information, if you are already eligible for adjustment of status in the United States.

On determining your eligibility for adjustment of status, a non-refundable diversity visa fees must be paid to the US Department of State. This DV fees will be used by the department to run the DV lottery program. This fee is separate from the other fee that you must pay to the USCIS for filing an application for adjustment of status. This Diversity visa fee must be paid separately for yourself and your eligible dependents who may apply for adjustment of status along with you. Your visa processing will begin only after you pay the diversity visa fees.

If you apply to adjust status while in the United States and if your spouse and eligible dependents are abroad, they may apply for diversity immigrant visas at a US consulate or embassy abroad. Their applications will not be processed until the embassy or the consulate receives notification from the USCIS stating that you have adjusted your status in the United States. It also has to be noted that eligible dependents who were listed on your DV lottery application must apply for and receive immigrant visas before the program could end on the 30th of September every year.


USA Immigration – Green Card Lottery

People immigrate to the United States for many different purposes. USA immigration is not an easy task. A foreign national may immigrate to America by being sponsored by his US citizen family members, employers in America, etc. Another way through which a foreign citizen may immigrate to the United States is through the Diversity Immigrant Visa Program which provides 50,000 diversity visas per year to eligible applicants, who meet the strict eligibility requirements. Through this lottery program entries are drawn through a computer generated system. This system selects applicants from countries with low rates of immigration to America.

This Green Card lottery program which makes USA immigration easy to many people is conducted every year by the US government. But there are many fallacious websites, trying to defraud the applicants. Applicants must be aware about such fraudulent letters and notices which they receive, with information stating that they had won the lottery. It is because the winners of the Green Card lottery do not receive mails or e-mails, on winning the DV lottery. The only way to check whether they had won, is through the entrant status check on the E-DV website.

The selected DV lottery applicants must demonstrate that they are eligible for a diversity immigrant visa. The winners must complete an immigrant visa application and submit it along with the required documentation and required fees. After the medical examination, the applicants will be called for an interview with the consular officer. All such information about the interview dates and time will be available only through the entrant status check.

Successful DV lottery applicants will receive an immigrant visa based on their work experience and educational qualification. The winners who get the immigrant visa must enter the United States 6 months prior to the date of expiration of their immigrant visas. Then they must apply for a Green Card to become a lawful permanent resident of the United States.

The entrants of the DV 2013 are required to keep their application confirmation numbers till the end of September 2013. As there a possibility that the US Department of State may select more entries on the 1st of October 2012, the applicants who were not selected on May 1, 2012, may check if they are selected in October.

Through the DV lottery, USA immigration is not so easy if you do not possess the required civil documents and undergo the medical examination. Green Card lottery follows limited but strict rules. Applicants without the required education and work experience may not get an immigrant visa to immigrate to the United States. Hence it is wise to be aware about the eligibility requirements to be satisfied before applying for an immigrants visa to immigrate to America.


Visa Denials

Visa DenialThe visa forms and processes may be different for different types of US visas, but there is one thing common to all visas – the visa interview. All visa applicants will be interviewed at an American embassy or consulate. There are very few exceptions. At the end of the interview, the consular officer will decide whether to approve or deny the visa application.

US immigration law determines whether a visa application is approved or denied. There are several reasons for denial. Based on the law, the reasons vary. Sometimes visa applications are denied due to insufficient information, missing documents, incomplete application, etc. In such cases, providing the missing information or documents allows the application to be reconsidered. There are other reasons which make the denial permanent. Things like drug or criminal activities make a person ineligible for a visa permanently.

There are instances when a person found to be ineligible for a visa can get a waiver. After adjudicating a visa application, the applicant is informed whether the application has been approved or denied. When an application is denied, a reason is provided for the denial. The conuslar office also mentions whether applying for a waiver of the ineligibility is possible.

Ineligibility for a Visa

US immigration laws and the Immigration and Nationality Act (INA) list the reasons for ineligibility for a visa. Ineligibility means the applicant does not meet certain requirements. Some ineligibilities are temporary and can be fixed by the applicant or the US petitioner for some immigrant visa cases. Other ineligibilities are permanent and the applicant will always be found ineligible under that section of law how many ever times he or she chooses to make an application. This is the case always, unless the Department of Homeland Security (DHS) allows an application for waiver of that ineligibility.

List of Visa Ineligibilities lists some examples of visa ineligibilites as given below:

The visa applicant:

  • Did not fully complete the visa application and/or provide all required supporting documentation – INA section 221(g)
  • Did not establish eligibility for the visa category being applied for or overcome the presumption of being an intending immigrant – INA section 214(b)
  • Did not demonstrate proof of adequate financial support in the United States; therefore denied under public charge – INA section 212(a)(4)
  • Misrepresented a material fact or committed fraud to attempt to receive a visa – INA section 212(a)(6)(C)(i)
  • Previously remained longer than authorized in the United States – INA section 212(a)(9)(B)(i)

Applicants can refer to the website for a complete list of all visa ineligibilites.

Re-applying After a Visa Denial

An applicant whose visa application was denied may re-apply for a visa in the future. If the visa was denied under INA section 221(g), the applicant will either have to provide the information or documents requested by the consular officer or wait for additional administrative processing to be done. In this case, there is no need for a fresh application. For visas denied under sections other than 221(g), the applicant will have to file a new application and pay the required fees again. Proof of change in circumstances since the previous application need to be provided.