Consular Processing for T and U Nonimmigrant Status: Questions and Answers, Part I

Consular Processing for T and U Nonimmigrant Status:

Questions and Answers, Part I

Q1. What should family members overseas do when they receive a notice from USCIS instructing them to report to the nearest U.S. Embassy or Consulate to have fingerprints taken?

A1. They should contact the nearest U.S. Embassy or Consulate directly using the information provided on the U.S. Embassy’s or Consulate’s website at www.usembassy.gov. When contacting the U.S. Embassy or Consulate, they must indicate that the fingerprint appointment is for a derivative T or U nonimmigrant visa.

Q2. How do family members overseas complete consular processing to enter the United States once they receive USCIS approval of a derivative T or U nonimmigrant application or petition?

A2. After receiving notice from USCIS that their derivative nonimmigrant application or petition has been approved, overseas family members must contact the nearest U.S. Embassy or Consulate to schedule an interview to receive a T or U visa. This step is required before the overseas family members can process into the United States. To find the nearest U.S. Embassy or Consulate and detailed information about nonimmigrant visa processing, overseas family members should visit www.usembassy.gov.

Q3. Will DOS contact overseas family members to schedule their appointments for an interview at the U.S. Embassy or Consulate?

A3. No. Once overseas family members receive their USCIS approval notice of derivative nonimmigrant status, they must contact the nearest U.S. Embassy or Consulate to schedule an interview to receive their T or U nonimmigrant visa. USCIS and DOS are not responsible for contacting applicants to schedule this interview.

Q4. Will overseas family members receive the T or U nonimmigrant visa at this interview?

A4. No. U.S. Embassies or Consulates generally require 48 hours to process a visa after the interview, and will then mail the passport and visa to the overseas family members. This time period can be lengthened if, based on the interview, it is found that applicants will require additional evidence for processing. Remember that the U.S. Embassy or Consulate determines whether an overseas derivative family member is eligible to receive a visa to enter the United States, and can take action that results in the visa being denied.

Q5. What DOS visa application form must approved T or U nonimmigrant overseas family members submit to the U.S. Embassy or Consulate?

A5. Overseas derivative family members must submit DOS Form DS-160, Online Nonimmigrant Visa Application, to apply for a T or U nonimmigrant visa. Most U.S. Embassies and Consulates require that the Form DS-160 be filled out before the overseas family member can make an appointment for an interview, although the process may vary at certain locations.

Please visit www.usembassy.gov for specific information on that U.S. Embassy or Consulate. The Form DS-160 can be found online at http://ceac.state.gov/genniv/. The Form DS-160 must clearly state the request for derivative T or U nonimmigrant visa.