Consular Processing Lawyer in Hackensack, New Jersey, helping you with your first steps to gaining legal status in the United States and Paving The Pathway To Your American Dream

With so many visa options, each with its own application process, it can be difficult to know how to begin the immigration process. Often, the first steps to your journey begin before you leave your home country. A knowledgeable immigration lawyer can guide you through consular processing to ensure that the first steps you take are the right ones.

What is Consular Processing?

Consular processing is the immigration process by which foreign individuals apply for and obtain Lawful Permanent Resident (LPR) status to enter the United States from outside the United States. These visa cards are often green in color, leading to them frequently being referred to as “Green Cards” in general discussion.

To be eligible for a Green Card, individuals must first determine their basis to immigrate to the United States. For most people, this involves being sponsored to immigrate through a petition filed by a family member or employer and this will often happen while you are still living outside the United States. This process typically involves submitting an application and supporting documents to a U.S. embassy or consulate in the applicant’s home country.

The consular officer will review the application and supporting documents, conduct an interview with the applicant, and determine whether the applicant is eligible for a visa. The type of visa that is available will depend on the purpose of the applicant’s visit to the United States.

There are several types of visas that may be obtained through consular processing, including immigrant visas for permanent residency, non-immigrant visas for temporary stays, and other visas such as student visas, work visas, and fiancé(e) visas.

The consular processing procedure can be complex and time-consuming, with many factors affecting the processing time, such as the volume of visa applications, the complexity of the case, and security clearance procedures. It is important to carefully prepare and submit all necessary documentation and information to help ensure a smooth and successful consular processing experience.

How Do I Begin the Process?

If applying for immigration based on family or employment status, the family member or employer must file the immigrant petition. In some situations, one may be able to file a petition on one’s own behalf, including as an entrepreneur or for humanitarian reasons,

After the petition is filed, the USCIS will notify the petitioner whether the petition has been approved or denied. If the petition is approved, the petition will be sent to the Department of State’s National Visa Center (NVC), where it will remain until a visa number is available based on one’s immigrant category.

When a visa number becomes available, the NVC will notify the petitioner and applicant. They will also schedule an interview. After an interview with the consular office, the consular office will decide if the applicant is eligible for an immigrant visa.

If an immigrant visa is granted, the consular office will give the individual a “Visa Packet,” (not to be opened). Upon arrival in the United States, the individual is to give the Visa Packet to the U.S. Customs and Border Protection (CBP) officer.

After paying the USCIS Immigrant Fee, the individual should receive his or her Green Card in the mail within 45 days.

What if My Application is Denied?

Visa applications can be denied for a variety of reasons, ranging from missing or incomplete documentation to issues with eligibility or admissibility. When a visa is denied, the Consular Officer will typically provide the applicant with an explanation for the denial and inform them of any possible remedies or next steps.

In some cases, the denial may be due to a simple error or omission that can be corrected with additional information or documentation. In these cases, the applicant may be able to reapply for the visa or appeal the decision.

However, in other cases, the denial may be based on more complex issues such as prior criminal history, health concerns, or a determination that the applicant does not meet the requirements for the particular visa category. In these cases, the applicant may need to address the underlying issue before reapplying or pursuing an appeal.

It is important to note that while some visa denials may be appealed, this is not always an option, and the process can be lengthy and complex. It is always advisable to seek the guidance of an experienced immigration attorney if you have been denied a visa and are considering an appeal or reapplication.

While some application problems may appear to be simple amendments, hiring an immigration attorney will help ensure that your case is amended or appealed accurately. An immigration attorney will be able to help you decide if your case would be eligible for appeal, or if it would simply be more effective to file a new request.

How can I get Help With Consular Processing?

The Law Office of Nita Kundanmal will be available to assist you with this first step of your journey, helping you to avoid confusion or lapses in status. If you have any questions about Consular Processing, contact the Law Office of Nita Kundanmal by phone at (201) 883-9800. We are prepared to handle all aspects of family and employment immigration law. Please take note of the current time in the United States when arranging a call; our firm operates in Eastern Standard Time (EST).