Latest update March 29th, 2025 5:04 AM
Nov 16, 2014 News
By Attorney Gail S. Seeram
Through this “Question & Answer” column, our goal is to answer your immigration questions. We appreciate your comments and questions. If you have a question that you would like answered in this column, please email: [email protected].
Form DS-260 Submitted On-line Before Visa Issuance
Before issuance of an immigrant visa, all applicants are required to electronically submit Form DS-260 (Application for Immigrant Visa and Alien Registration) – formerly Form DS-230. Many immigrants do not have access to computers and are not Internet savvy; hence the transition from a paper form to web-based form has not been easy for many with pending immigration petitions at the U.S. Embassy.
What step in the process do I submit Form DS-260?
When your visa is near to being available for issuance (about 3-6 months in advance), the National Visa Center will contact the Petitioner or Beneficiary and advise that visa fees are required to be paid. At this point in the immigrant visa process, visa fees are submitted on-line and Form DS-260 is submitted on-line through the Internet.
What do I need to complete and submit Form DS-260?
Applicants can access the form on the web at ceac.state.gov. You will need Internet access, your NVC Case Number and your Invoice I.D. number.
Accessing Form DS-260 On-line
All answers to the questions of Form DS-260, except as specially provided, must be in English, using English characters only. Applications submitted in any language other than English may be rejected, and you will be required to log back into the Consular Electronic Application Center (CEAC) and provide English answers. You may save your partially completed DS-260 at any time by clicking on the “Save” button at the bottom of every page. If you need to step away, simply click the “Save” button to save your progress, and click on “Sign Out” in the upper right-hand corner of the screen. All data that you entered up to the point of clicking on “Save” will be stored until you are ready to continue completing the form. Once you submit your application, by clicking the “Sign and Submit Application” button on the “Sign and Submit” page, you will be unable to access your application again.
What type of information is required on Form DS-260?
Form DS-260 contains biographical questions about the immigrant’s employment history, education background, marital background, and where the immigrant wants his/her social security card and lawful permanent resident card to be mailed.
Do I bring my Form DS-260 application with me to the interview?
You should not bring your application with you to your interview. The interviewing officer will have full access to review your application online.
Readers’ Questions:
Question #1: Can my daughter who is 16 and a U.S. citizen file for me?
Answer #1: No. A U.S. citizen can file or petition for his/her parent, however the U.S. citizen child must be age 21 or older. This type of petition, where a U.S. citizen files for a parent is considered an immediate relative petition and a visa is available immediately (meaning there is no backlog).
Question #2: During my interview for U.S. citizenship, I lied to the officer and was denied because of the lie. When can I re-file for U.S. citizenship?
Answer #2: Lying to an immigration officer is a serious offense. I do not recommend anyone to lie to a federal officer. You were denied because the officer found you to lack good moral character. One of the requirements for U.S. citizenship is that you must possess good moral character. My advice is to wait five (5) years from the interview date before reapplying for U.S. citizenship.
Question #3: Can I marry while the immigrant petition filed by my parent is pending?
Answer #3: It depends on whether the petitioner is a permanent resident or a U.S. citizen. If the petitioner (person who filed the petition) is a permanent resident then you cannot marry because marriage would void the petition. A permanent resident can only file for an unmarried child. If the petitioner (person who filed the petition) is a U.S. citizen then you can marry. Once you marry then the petitioner can change the preference category of the petition from first preference to third preference. Note, the waiting time for the visa may increase once you are married, but then you and your spouse will be able to emigrate to the U.S.
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