CONSULAR PROCESSING

All immigrant and non-immigrant visas that are processed outside the United States and take place at a US Consulate in the beneficiary’s place of birth or current residence is termed as Consular Processing. The process involves two steps. First, the petitioner must file a petition with the United States Citizenship and Immigration Services (USCIS) in the U.S, although some petitions could be filed at the consulate office.

USCIS sends approved petitions to the National Visa Center (NVC). The NVC handles the collection of visa fees and documents. Applicants in the unlimited family-based category receive interview dates and have to attend an interview at the consular office where the beneficiary is. Applicants who pass the interview are granted visas to come to the U.S, and most receive their green card within 30 days of entering the U.S. Applicants who fall into the limited family-based category must wait till a visa number is available before they can attend interview or adjust status in the U.S, if they qualify to do so.

Consular processing has its advantages and disadvantages. On the plus side, consular processing is faster for applicants in the unlimited family-based category. While the time frame is not guaranteed and may vary from one country to another, visas could be approved within a time frame of 6-12 months. The risk associated with consular processing is that people who leave the U.S for consular interview may not be able to return to the U.S, if they are denied a visa. Fortunately, beginning March 4, 2013, certain immigrant visa applicants who are spouses, children and parents of U.S. citizens (immediate relatives) can apply for provisional unlawful presence waivers before they leave the United States. The provisional unlawful presence waiver process allows individuals, who only need a waiver of inadmissibility for unlawful presence, to apply for a waiver in the United States and before they depart for their immigrant visa interviews at a U.S. embassy or consulate abroad.

Like many immigration issues, seeking the expertise of a professional attorney is essential in consular processing and this is why you need to call the Law Office of Emmanuel Nana Poku to navigate you through this complex process. Call now for a free consultation. The service is excellent and the fee is reasonable, with flexible payment plan.

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