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08/23/2004 HEALTHCARE IMMIGRATION ALERT:
SPECIAL PRACTICE ADVISORY
FACTORS WHICH MAY IMPACT VALIDITY PERIOD OF IMMIGRANT
VISA
After approval of an Immigrant Visa petition by the United States Citizen
and Immigration Services ("USCIS"), a Foreign National who is abroad must
obtain an immigrant visa from the appropriate U.S. Consulate to enable entry
to the United States as a Permanent Resident. Typically, an immigrant visa
is valid for six months from date of issuance, thus the individual must
enter the United States within six months. However, the immigrant visa may
be issued for a shorter period in certain circumstances.
Expiration of the Medical Examination- Before the Consulate will
issue an immigrant visa, every applicant must undergo a medical examination
by a designated physician. The medical examination is valid for a period of
one year.
The immigrant visa may be issued for less than six months depending upon the
“expiration” of the medical exam. According to the Foreign Affairs Manual,
“If an alien has been examined more than six months prior to the issuance
of the visa, the Consular Officer shall limit the visa’s validity to a
period of less than six months. If the alien cannot arrive in the United
States within one year of the date of the medical examination, the alien
must repeat the examination.” 9 FAM 42.66 Notes
Expiration of Passport- The validity period of the immigrant visa may
not extend beyond a date sixty days prior to the expiration of the passport.
9 FAM 42.72.
Age and Marital Status- In certain circumstances, an individual may
only be eligible for an immigrant visa if he or she is under age 21 or
unmarried. Reaching the age of 21 or marrying may impact the validity of an
immigrant visa.
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