Pollak Partner and Immigration practice Chair Anatomy of a Consular Processing case procedure practice and tips CONSULAR PROCESSING STEPS Non Immigrant Visas Consulate generally listed on petitionusually in current or last country of residence or country of citizenship or in extrem ID: 625025
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Slide1
ByKaren-Lee PollakPartner and Immigration practice Chair
Anatomy of a Consular Processing case
procedure, practice and tipsSlide2
CONSULAR PROCESSING STEPSNon Immigrant Visas
Consulate generally listed on petition-usually in current or last country of residence or country of citizenship or in extreme cases in the event
o
f hardship in a third country.
Research scheduling process and document requirements at each post.
Review online scheduling site, if applicable.
USvisa-info.com
and
www.
Us
traveldocs
covers processing at various posts.
https://www.vfs-usa.co
covers visa processing at posts in
I
ndia. Slide3
CONSULAR PROCESSING STEPS
Non Immigrant Visas
Complete online DS-160
application.
Passport Photos-Digital and hard copy.Advise client on supporting documents needed. Some visas such as an E-2 Investment Visa require you to send documents prior to the interview. Pay MRV fee to schedule interview if required.Prepare supporting letter to Consulate explaining eligibility for the visa.Slide4
Interview generally takes place at Consulate designated in the Petition.
Approved Petition forwarded to National Visa Center. NVC will notify Beneficiary before priority date becomes current.
NVC sends fee statement and requests completion of DS-230 or online DS260 and Affidavit of Support in family based applications.
Sends list of required documents.
CONSULAR PROCESSING STEPSImmigrant VisasSlide5
CONSULAR PROCESSING STEPSImmigrant Visas
When visa is current and all requested documents received, NVC or Consulate instructs on scheduling medical exam and schedules interview. NVC handles all scheduling except for Guangzhou, China.
Always update applicant’s age and ensure there are no admissibility
issues such as unlawful presence, attempts at reentry or removal orders.
Must enter the USA within 6 months of visa issuance.Spouse and children listed in the application may apply with the applicant or follow to join. Slide6
Review document and country specific requirements at www. ImmigrantVisas.state.gov
.
Original Marriage certificates, birth certificates, divorce decrees, death certificates with translations plus 1 copy.
Certified copies of removal orders, arrest records and charge s
heets and disposition records for convictions. all past visa approval notices and evidence of lawful stays in the United States.Medical examination and immunization panel.Military exam and discharge papers.REQUIRED DOCUMENTSSlide7
DOCUMENTS Continued
Copy of underlying petition with supporting documents.
1. Marriage based-proof of good faith marriage and ability to support spouse.
Income Tax Returns for past 3
years2. Employment based- 6 months paystubs and notarized employment letter. Police clearance record required for all places where applicant has lived since age 16 for 12 months or more and from country of nationality if resided there for 6
months.
Any
country where
Applicant has
been arrested regardless of how long
he or she lived
there or
age
when
arrested.Slide8
Preparation for the InterviewDetailed advice on what to expect, what documents to provide and requirements for visa issuance.
Typically 5 minute interview unless there are inadmissibility issues, fraud issues or E visa registration issues
.
Manage expectations-refusal or delay. Delays in processing due to security checks, administrative processing, security at post may delay actual time of the interview, delays in actual visa issuance, DUI.
Consulate not supposed to re-adjudicate the Petition. Slide9
Administrative Processing Security Clearance
Fraud Review
Revocation
Petition Information Management Service (PIMS)
Legalnet@state.gov or contact the PostSlide10
Must be in writing
INA §221 (g) denial.
INA
§
214 (b) denial-Immigrant intent.INA §212(a)-if waiver recommended, application electronically sent to Admissibility Review Officer (ARO) for adjudication. 26 weeks.If waiver not recommended contact Chief consul at Post/NIV Unit citing applicable law, regulation or Foreign Affairs Manual supporting client’s position if you believe there is a legal error. Request an Advisory Opinion from the DOS. legalnet@state.gov
DENIALSSlide11
AILA Infonet Doc No. 08121971 (posted Jan 30, 2012
).
If application denied under INA§212(a) could get a waiver under INA§212(d)(3)(A).
If a waiver is recommended, it is currently taking 26 weeks to adjudicate.
If waiver is not recommended-Attorney can request the Consular Post to send to the DOS for an Advisory Opinion.DENIALS CONTINUEDSlide12
risks Consular Officers have broad unreviewable discretionary authority. No formal appeal process nor US. Federal Court review.
Attorneys generally not allowed at the interview.
Not supposed to re-adjudicate the petition but often happens in
practice.
If problems, attorney should communicate with the Consulate. Decisions involving issues of law not fact are subject to a DOS Advisory Opinion. Attorneys may use legalnet.state.govSlide13
Risks continuedHave a strong legal opinion regarding eligibility if needed or a waiver application.Make sure client and all related parties are aware of the risks.Has client accrued unlawful presence or the Permanent Bar.Removal or Departure orders need I-Form 212 “Permission to Reapply”.Slide14
Questions?Slide15
CONTACT INFORMATION Karen-Lee Pollak | Partner
karenlp@bellnunnally.com
Tel 214-740-1475 | Fax 214-740-5775
3232 McKinney Ave. Suite 1400 Dallas, Texas 75204
www.bellnunnally.com WWW.IMMIGRATIONBN.COM