For many foreign nationals, the EB-5 Program offers an affordable path to U.S. citizenship and successful immigration. But before you can apply for the program, you’ll need to file other important documents first.
One of these essential documents is Form DS-260. This form is used to determine your eligibility for an immigrant visa as well as the EB-5 Program, so filing it correctly is important.
In this article, we take a closer look at everything you need to know about your DS-260 application to navigate the filing process with confidence.
What Is Form DS-260?
When Should You Submit Form DS-260?
The Form DS-260 Application Process
What Happens after Form DS-260 Is Filed?
Form DS-260 Processing Times
Kickstart Your Future in the U.S. with EB5AN
What Is Form DS-260?
Form DS-260—Online Immigrant Visa and Alien Registration Application—is the primary application form used by those seeking an immigrant visa to the United States, particularly through the EB-5 Program.
This form is used to gather detailed information about an applicant’s background, including personal and family details, education, and employment history. United States Citizenship and Immigration Services (USCIS) uses Form DS-260 to determine a person’s eligibility for an immigrant visa.
Form DS-260 is filed by EB-5 investors who live outside the United States.
Key Point: What Is Form DS-261?
Form DS-261—also known as Choice of Address and Agent—is an accompanying document to DS-260. It allows applicants to specify their preferred address for receiving visa-related communication.
Applicants may also use this form to nominate an agent—which could be an American representative or immigration lawyer—who is eligible to receive this information on the applicant’s behalf.
This form is important for ensuring effective communication between the applicant, their immigration representative, and the U.S. government throughout the visa application process.
When Should You Submit Form DS-260?
You can file Form DS-260 after you’ve received your visa fee bill or invoice from the National Visa Center (NVC). This bill states the required immigrant visa fees for your specific case. This will follow approval of your I-526E petition.
It’s important to only submit Form DS-260 after having received this invoice, as it contains essential information—such as your NVC case and invoice number—that you’ll need to complete the form.
The Form DS-260 Application Process
1. Receive the visa bill and pay the fee
The fee bill specifies the required visa processing fees—usually around $445—and includes the immigrant visa application fee, NVC case number, and invoice number.
Before you submit Form DS-260, you must pay the required visa processing fees as outlined in the fee bill. Payment methods and instructions are typically provided in the fee bill.
These fees are nonrefundable, so it’s vital to ensure that you are ready to proceed with the visa application process when you pay them. When you submit your DS-260 form, you’ll need to provide proof of payment alongside it.
2. Access and complete the form
Form DS-260 is an online form that can be accessed through the U.S. Department of State’s Consular Electronic Application Center (CEAC) website. You’ll need to create an account if this is your first time using the website or, alternatively, log in to an existing one.
Once you have access to an account, it’s time to complete the form. The DS-260 consists of various sections where you must provide detailed information, which may include:
- Personal information such as your full name, date of birth, gender, and contact details.
- Information about your immediate family members.
- Address history for the past five years.
- Education and work history.
- Criminal history and security information.
- Immigration history, if applicable.
You may also be required to upload a recent passport-sized photograph that meets the U.S. visa requirements. When you’ve completed the form, remember to review it to check for any errors.
Do you need any supporting documents when filing Form DS-260?
You may be required to submit some supporting documents when filing Form DS-260. These documents are important for verifying the information provided in your application and may generally include:
- A copy of your passport, birth certificate, and marriage or divorce certificate.
- Affidavit of support from your sponsor and their proof of address, if relevant.
- Any criminal records, like police clearance letters and court or prison records.
- Medical examination reports.
- Military records.
- Investment-related documents that detail your EB-5 projects.
Key Point: Tips for Filing Form DS-260
Here are our top tips to ensure a successful filing process for Form DS-260:
1. Gather the required documents first: Before you start the DS-260 application, collect all necessary documents. Having these on hand will help you complete the form accurately.
2. Supply accurate and consistent information: Provide truthful and consistent information throughout the form. Any discrepancies can lead to delays or visa denials, so be sure to cross-check your answers with your supporting documents.
3. Save your application frequently: The DS-260 form is an online application that can time out if left idle for too long. Save your progress regularly to avoid losing your work.
4. Review and proofread: Before you submit the DS-260, carefully review all sections for accuracy. Pay attention to names, dates, and addresses. Typos or errors can cause issues later in the process.
3. Sign and submit your DS-260 application
Electronically sign and submit the DS-260 form. By submitting the application, you certify that the information provided is true and accurate to the best of your knowledge.
After submission, you will receive a confirmation page with a barcode that can be viewed on the CEAC website. Print this confirmation page and save it for your records.
What Happens after Form DS-260 Is Filed?
1. Await processing and interview scheduling
Once you’ve submitted your DS-260 form, the NVC will process your application. Processing times may vary, so it’s important to be patient.
You’ll receive email notifications regarding the status of your application and any additional steps, such as requests for additional information and interview scheduling.
When your application has been processed, you’ll become eligible to schedule a date for a visa interview. If you still reside outside of the U.S., it will be done at the U.S. embassy or consulate in your home country. Follow the instructions provided on the appointment notification to choose your date and schedule the interview.
2. Attend your immigrant visa interview
On the scheduled day, attend your visa interview with all the required documents and evidence. Be prepared to answer questions related to your background, your immigration application, and your visa eligibility.
After the interview, the consulate officer will determine whether to issue or refuse the immigrant visa applicant. If approved, you will receive instructions on how to collect your visa stamp and make arrangements to enter the United States.
Key Point: Preparing for Your Visa Interview
Attending a visa interview can be stressful if you don’t know what to expect. Here are some guidelines to help you prepare:
- Review your documents: Thoroughly review all the documents you’ve submitted with your visa application, including the DS-260 form and supporting documents. Be familiar with the information you’ve provided.
- Practice interview questions: Practice answering common interview questions related to your background, travel plans, and immigration intentions. Being clear and concise in your responses are essential.
- Dress professionally: Dress in a neat and professional manner. First impressions matter, so choose attire that reflects your seriousness about the interview.
- Arrive early: Arrive at the U.S. location, embassy, or consulate well in advance of your scheduled interview time. Late arrivals can result in rescheduling and may delay your application.
- Be courteous and respectful: Be polite and respectful to the consulate officer and embassy staff. Maintain a professional attitude throughout the interview.
- Stay calm and confident: Nervousness is common during visa interviews, but try to stay calm and confident in your responses. Speak clearly and directly answer the questions asked.
- Provide honest answers: Always provide honest and truthful answers. Misrepresentation or providing false information can result in visa denial.
Form DS-260 Processing Times
Processing times for your DS-260 application can vary, as it depends on the immigrant category you are applying for. For EB-5 Visas, processing times will depend on your individual case and the workload capacity of USCIS.
It usually takes between one to three months for the NVC and USCIS to process your application and notify you of the next steps you need to take.
Where to check the status of your application
There are a few places where you can check the status of your application, including:
- The CEAC website: To access your case status, log in to your CEAC account or create one if you haven’t already. You’ll typically use the same account that you used to submit your DS-260. Enter your unique NVC case number to see the current status of your visa application.
- Email notifications: You may receive email notifications regarding the status of your case that include important updates or instructions related to your visa application.
- Contact the U.S. embassy or consulate: If your case experiences significant delays or if you have specific questions about your application, you can contact the U.S. embassy or consulate where your interview is scheduled to take place. They can provide information and assistance regarding your visa application status.
- Monitor the Visa Bulletin: For applicants in family-sponsored and employment-based visa categories, it’s essential to monitor the Visa Bulletin regularly. This publication is issued by the U.S. Department of State each month and provides information about visa number availability and priority date movements.
Kickstart Your Future in the U.S. with EB5AN
The DS-260 application process is an important step in obtaining an EB-5 Visa, which offers access to a green card and permanent residency through investment. The process can be complex and time-consuming, with various factors that may influence the result of your application.
That’s why we are ready to help. At EB5AN, our team of immigration lawyers is here to simplify this application process for you. We offer expert guidance every step of the way, from determining the required forms to be submitted to helping you compile your package of essential documents.
Reach out to us today by visiting our website or sending us an email. With EB5AN as your trusted partner, you can confidently navigate the path toward obtaining your U.S. visa.
