U. S CONSULATE IN MUMBAI BEGAN INTERVIEWS FOR CANCELED CASES IN MARCH 2020

We have been contacted by large number of people inquiring about their cases pending at National Visa Center (NVC) which are Documentarily Qualified (DQ) and those cases previously scheduled interview at Mumbai, then canceled. The NVC did not start scheduling cases DQ yet because the Mumbai consulate has not informed NVC that they are ready to begin normal visa interviews. The new COVID-19 cases are the reason, especially the new variants originating and spreading across the world. NVC is only scheduling cases of spouses and minor children of U. S citizens that too in a very limited way. Mumbai Consulate just started sending e-mail to spouses of Green Card holders, whose interviews were canceled in March 2020. Our clients have informed us that they have received e-mail from Mumbai consulate asking them to log into their profile and schedule for fingerprint if not already done, schedule for consular appointment and also to obtain medical report. Once of our Green Card holder client’s spouse, whose interview was originally scheduled in March 2020, then canceled by the consulate. We were successfully able to schedule her for finger print and consular appointment to middle of August 2021.

Regarding those cases DQ at NVC, they are sending template e-mails to clients informing that the case was DQ and waiting for interview at the consulate. But due to the high number of COVID-19 cases and deaths, they are unable to schedule the cases. If they are able to schedule the cases for interview, they will send the appointment letter, if not, the NVC will send another similar e-mail within 60 days. These e-mails are just template e-mails trying to inform the clients waiting for the interview, why NVC is not able to schedule the interview.

The simple answer to the delay is that, it is the Mumbai consulate has to make the decision when to begin normal visa interviews and they need to notify NVC when they are ready. But it seems that due to the high rate of cases and deaths in India, especially the Delta variants are originating in India and spreading all over the world, it is very unlikely that the Mumbai consulate may resume the normal visa interviews in the near future.

But remember, only limited interviews are being done for the spouses and minor children of U. S citizens and now for the spouses and minor children of Green Card holders also. Regarding applicants in other categories like F-1 (unmarried children over 21 years of U. S citizens), F-2B (unmarried children over 21 years of Green Card holders), F-3 (married children of U. S citizens) and F-4 (brothers and sisters of U. S citizens), the NVC or the Consulate have not began scheduling interviews. At this time we do not know how long it may take to schedule interviews for the applicants in the above categories. Our advice is to wait patiently for your turn for NVC or the Consulate to schedule you for the interview.

Another frequent question we use receive from people is regarding their aged out children by turning 21 years. The law is very simple in this respect. If you have submitted the immigrant visa application (DS 260) with NVC within one year of visa becoming available, you child’s age is locked and such child is eligible to obtain visa along with the parents. It does not matter how long it may take to schedule you for the interview by NVC or by the Consulate.

Another question we receive from people is that – Can we transfer our case to New Delhi or other Consulate in India. Unfortunately, Mumbai is the only consulate, which conducts the immigrant visa interviews in India since January 2012. Hence, it is not possible to transfer your case to the New Delhi Embassy or any other Consulates in India for faster processing. Again, another strange inquiry received by us is that can the Consulate do Video interview for applicants. No, it is not possible to do video interview, since the law is that the applicants must be interviewed in person by the consular officer and the original documents must be reviewed before a decision can be made whether to issue a visa or not.

Now, regarding Employment Based visa like EB-1, EB-2, EB-3, EB-4 and EB-5, the applicants have to wait patiently for their turn. We have not come across any such cases are either scheduled by NVC or by the Consulate yet. It is mainly because, the priority is given for interview only for the spouses and minor children of U. S citizens and then second priority is given to the spouses and minor children of Green Card holders. Employment based visas are not priority based for visa interviews. The employment based cases DQ at NVC since March 2020 are still waiting to be scheduled for interview.

Lal Varghese, Esq.
Law Offices of Lal Varghese, PLLC
WhatsAp Number +1(972) 556-1109
E-Mail: attylal@aol.com

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