Immigrant Visas

An immigrant visa lets a person outside the United States travel here and become a permanent resident on arrival. The process is called consular processing. It runs through USCIS, the U.S. Department of State’s National Visa Center (NVC) and a U.S. embassy or consulate abroad. Delays and refusals often come from missing documents, weak financial support or an issue that should have been handled before the interview. Our office helps families and employers in Atlanta, Norcross and across Georgia bring relatives and workers here through this process.

When consular processing is the right path

Consular processing is the usual route when the immigrant lives abroad. It is also sometimes used by people in the United States who cannot adjust status here, such as someone who entered without inspection. For that second group, leaving the United States can trigger the three- or ten-year unlawful presence bar. Many of them first need a provisional waiver (Form I-601A) approved before they depart. See our waivers page before planning any departure.

Step by step

1. The petition

A U.S. citizen or permanent resident relative files Form I-130, or an employer files Form I-140, with USCIS. Some immigrants self-petition, such as certain widows and widowers, VAWA self-petitioners and some employment-based applicants. Diversity Visa selectees skip this step.

2. The National Visa Center

After approval, USCIS sends the case to the NVC, which creates a case number and asks you to:

• Pay the immigrant visa application fee and, for most family cases, the affidavit of support fee
• Submit the online immigrant visa application, Form DS-260, for each immigrant
• Upload civil documents: passport, birth certificate, marriage and divorce records, police certificates, and court and prison records if any
• Upload the Form I-864 affidavit of support with the sponsor’s tax records and proof of income, plus a joint sponsor if needed

Once everything is accepted, the case is “documentarily qualified.” It waits for an interview date and, in preference categories, a current priority date.

3. Medical exam and interview

The immigrant completes a medical exam with a panel physician approved by the embassy, then attends the interview. The consular officer reviews eligibility, the relationship or job offer, and every ground of inadmissibility. Bring original documents and be ready to explain anything unusual in your history.

4. Issuance and arrival

If approved, the visa is usually valid for up to six months. Before travel, pay the USCIS immigrant fee so the green card can be mailed after arrival. At the U.S. port of entry, a Customs and Border Protection officer makes the final admission decision. The immigrant becomes a permanent resident on admission.

Refusals under section 221(g) and other denials

A refusal under INA 221(g) usually means the officer needs more documents or more administrative processing. It is often temporary but can last months. A refusal on an inadmissibility ground, such as misrepresentation, a criminal record or a prior removal, is more serious. There is generally no appeal of a consular officer’s decision, but some grounds can be waived, and the petitioner can sometimes refile. The doctrine of consular nonreviewability sharply limits court review. The Supreme Court reaffirmed it in Department of State v. Muñoz (2024).

Current travel and visa restrictions

Since 2025, presidential proclamations under INA 212(f) have restricted immigrant visas for nationals of a growing list of countries. Proclamation 10949 took effect in June 2025, and the list was expanded effective January 1, 2026. Some exceptions apply, and they differ by country and visa type. Separately, in January 2026 the State Department paused immigrant visa issuance for nationals of 75 countries over public charge concerns. A federal court vacated that pause in August 2026, but the government appealed. Because these rules change with little notice, check your country’s status before paying fees or booking travel.

The affidavit of support and public charge

For most family cases, the petitioner must show household income of at least 125 percent of the federal poverty guidelines for the household size, or 100 percent for active-duty service members sponsoring a spouse or child. A joint sponsor can fill the gap. The affidavit is a binding contract, and the government or the immigrant can enforce it. Consular officers also weigh public charge factors such as age, health, education and skills. The rules changed in 2026, so prepare the financial side of the case thoroughly.

Children who may age out

A child included in a parent’s case generally must be under 21 and unmarried to immigrate as a child. The Child Status Protection Act may preserve a child’s eligibility. To use it, the child must “seek to acquire” the visa within one year after it becomes available, which usually means filing the DS-260. Missing that step is a common, avoidable mistake.

Documents checklist

• Valid passport for each immigrant
• Birth certificates and, for adopted children, adoption records
• Marriage certificate and records of any prior divorces or deaths
• Police certificates from countries where the immigrant lived, as required by the State Department’s reciprocity schedule
• Court and prison records for any arrest or conviction
• Military records, if applicable
• The sponsor’s most recent federal tax return or IRS transcript, W-2s and proof of current employment

Hypothetical: A permanent resident in Snellville sponsored her husband in Ghana in the F2A category. When the priority date becomes current, the NVC asks for the DS-260 and civil documents. Her income is slightly below 125 percent of the guidelines, so her brother, a U.S. citizen, signs as joint sponsor. Their 20-year-old son is included as a derivative. Because he is close to 21, the family files his DS-260 promptly to protect his eligibility under the Child Status Protection Act.

Read the State Department’s immigrant visa process overview. You can also learn about our green card services and our help with fiancé(e) visas.

This page reflects agency guidance as of November 2026. Rules and procedures change, so confirm current requirements before you file.

How our office can help

If you are looking for an immigrant visa lawyer in Atlanta, our office can prepare the petition, manage the NVC file, review financial sponsorship, identify inadmissibility issues and waivers before the interview, prepare the immigrant for the interview, and respond to a 221(g) refusal.

Call us today, at (770) 840-9098 to speak with an attorney.

Disclaimer: The information on this page is for general informational purposes only and does not constitute legal advice. Every case is different and past results do not guarantee future outcomes. Results may vary depending on the specific facts and circumstances of your case.