Tips for Preparing and Submitting Indian Documents Overview

As an Indian national, you can enter the United States on an immigrant visa (IV) or non-immigrant visa (NIV). You apply for an immigrant visa if you intend to work and live in the US permanently. On the other hand, a non-immigrant visa allows you to visit the US for a temporary stay. Each visa has a rigorous application process that requires verification of documents. You must get your documents handy before starting the visa application process. This guide will help you understand the key documents required to apply for each visa and appreciate the importance of accurate documentation.

General Documentation Requirements

The documentation process varies from one visa type to another. You must understand your visa type and gather the required documents for a seamless application process. Generally, you will need a valid passport, visa application forms, and proof of fee payment. Other documents will depend on the visa type and factors related to your travel purpose.

Common Indian Documents for Immigrant Visas (IV)

You apply for an immigrant visa to become a legal permanent resident. In most cases, you require a petitioner to file a petition on your behalf. The petitioner is usually a relative who is a U.S. citizen, legal permanent resident, or a U.S. employer. During consular processing or adjustment of status, you will need to submit the following material government documents that comply with the Department of State requirements. Moreover, documents from India vary from state to state, are notorious for inaccurate or missing material information, and often require secondary evidence. Below is general guidance on the most common types of Indian documents.

Birth Certificates and Challenges

Your Indian birth certificate validates your birthplace, date of birth, gender, and name. While most Indians have government-issued birth certificates, inconsistencies in the document may delay the visa application. The discrepancies on the birth certificate may arise from diverse state practices, digital transition, birthplace (home or hospital), late registration, and spelling errors. You may also not possess a birth certificate, especially if your birth date is before 1970.

Affidavits as Secondary Evidence

Affidavits may serve as secondary evidence if your birth certificate is unavailable or incomplete. A close relative may swear an affidavit to provide missing details, such as your birth date and birthplace. HBM Law provides clients with customized affidavit templates for the gap or issue needing further support and clarification.

Indian Marriage Certificates

When applicable, an Indian marriage certificate is required. It is important to note whether a marriage certificate is needed or which authority issues the marriage certificate depending on the year of marriage and the religion of the spouses. Indian law does not recognize same-sex marriages. Marriage certificates not written in English must be translated and notarized.

Police Clearance Certificate (PCC)

If you are over 16, you should present a legible Indian police clearance certificate issued from the Regional Passport Office at your visa interview. The PCC shows you have no criminal records. The PCC is valid for two years.

Financial Documents

Immigrant visa applicants must provide proof of the sponsor’s ability to support them financially. This proof can be in Form I-864, Affidavit of Support. To read more about this requirement, learn more in our informative blog post, Affidavit of Support (Form I-864): Your Key to Ensuring Family Reunification in the United States.

Common Indian Documents for Non-immigrant Visas (NIV)

A non-immigrant visa allows you to enter the United States for a temporary stay. You can temporarily visit the United States for tourism or business purposes. To secure a non-immigrant visa, you must provide the following purpose-specific documents:

• Travel itinerary, proof of financial means, and ties to India if you need a tourist visa (B-2)
• An invitation letter from a U.S. entity or proof of business activity when applying for business visas (B-1)
• A copy of the I-20 form, SEVIS fee receipt, educational transcripts, and funding proof if you want a student visa (F-1)
• Employment offer letter, approved I-129 petition when applying for a work visa (H-1B)
• Property ownership or family ties to prove intent to return to India

Special Considerations for Indian Applicants

India’s high population translates to a higher demand for US visas, unlike in other nations with lower populations. Since visas are limited, you must choose the right category and file accurate documents to increase your chances.

Inconsistencies or discrepancies in Indian-issued documents, such as birth certificates, pose another challenge to Indian applicants. However, the applicants can swear affidavits as secondary evidence to cure the inconsistencies.

An immigration attorney can help you choose the right visa category, depending on your application purpose. The immigration attorney can also help with documentation, including translation and drafting affidavits to deal with inconsistencies in your documents.

Tips for Preparing and Submitting Indian Documents

Use the following tips to smoothen your visa application process:

• Contact an immigration attorney will review your documentation to ensure it complies with guidelines and provide you with next steps if issues are spotted.
• Get professional help if your documents require translation into English through a certified translator.
• Keep multiple copies and maintain an organized file.
• Consult an immigration attorney for the latest requirements or visit the U.S. embassy or consulate website in India.

Contact HBM Law for Visa Documentation Assistance

The U.S. visa application process can be complex. You must choose the right visa category and file accurate documents to get the visa. At HBM Law, we understand the common documentation challenges Indian applicants face. That’s why we endeavor to guide our clients through the documentation process for a seamless visa application. Contact us today to learn more or speak with our experienced immigration lawyer, Himani Bhardwaj.