Validity Period of Immigrant Visas

When a U.S. Embassy or Consulate issues an immigrant visa, that visa is usually valid for 6 months. The Foreign Affairs Manual, which contains the regulations of the U.S. Department of State, actually states that the validity period must not exceed 6 months. In a recent webchat, however, the U.S. Embassy London has stated that it will issue immigrant visas with a validity period which expires 6 months from the date of the medical examination, rather than 6 months from the date of the immigrant visa interview. Applicants who do not plan to immediately move to the U.S. after the issuance of their immigrant visas must take this into consideration and not schedule their medical exams with the Embassy's panel physician too far in advance.

Just Say "No"

Prior to the visa interview at the U.S. Consulate or Embassy for an immigrant visa or for a K-1, fiance visa, the applicant must undergo a medical examination with the consular post's panel physician. As part of that medical exam, the applicant will be asked about prior drug and alcohol use, and a blood sample will be taken to test for drugs in the system. If the drug test comes back positive, the visa will be denied, and the applicant will need to wait 3 years before applying again. Thus, it is very important that the applicant have a clean system at the time of the medical exam.

If, after 3 years, the applicant wishes to apply for the visa again, he or she will also need to apply for a waiver of inadmissibility. If the visa application is based on a relationship with a U.S. citizen, either as the spouse or the fiance, the applicant will need to show extreme hardship to the U.S. citizen if the U.S. citizen must (1) live in the applicant's home country in order to be with the applicant; and (2) live in the U.S. without the applicant.