Tuesday, August 9, 2011

U.S. Visa Application And Processing Of Consular Relations

The following article is written in an effort to provide a brief summary of the consular process and how a U.S. attorney may be able to help with visas pending before the consular missions in the United States and abroad.

Many Americans have the mistaken impression that the whole process of immigration in the United States will be exclusively in the United States Department of Homeland Security Citizen Security of the United States and Immigration Services (USCIS) or exclusively abroad on a mission United States under the jurisdiction of the United States Department of State. In fact, the process of obtaining U.S. visa and immigration is a kind of bifurcation in most cases.

An example of this dichotomy is the explanation provided for the immigrant spouse visa process foreign spouse is a U.S. citizen. Many of the immigrant visa cases, the spouse begins in the United States Citizenship and Immigration Services (USCIS), in which the benefits of immigration, the petitioners have the right measures and approved before being sent to the National Visa Center (NVC) for further processing. Receive the case file to NVC immigration is the point at which the bifurcation and the immigration process is more evident as the USCIS operates under the aegis of the Department of Homeland Security, the NVC is acting under the authority of the Ministry of Foreign Affairs.

Once approved the request of the U.S. visa is received by the Foreign Ministry, is usually considered in the United States abroad, the Mission (U.S. Embassy, ​​U.S. Consulate, the American Institute, etc.), it is appropriate consular district. In some cases, a visa application may be rejected prior to production of documentary evidence to substantiate the claim, this usually takes place in accordance with Article 221 (g), the U.S. Immigration and Nationality Act. Under certain circumstances, by sending the required documents are usually lead to the granting of a visa. In other cases, the Post-fraud unit to examine the visa application. Under certain circumstances, a U.S. visa application may be denied based on the legal ground of inadmissibility. In such circumstances, can never be granted a visa, or, more generally, the only way to end up getting a visa can not rest on the approval of the I-601 waiver petition.

The weighing their options immigration sometimes ask, "How is a U.S. immigration attorney can help the consular process?" In many cases, familiarity with the State Department lawyer procedures, rules and regulations have a tremendous positive impact on a given case. Some have the false impression that lawyers have a consular process "special relationship" with the staff of a U.S. mission abroad. Nothing could be further from the truth that the role of an attorney licensed U.S. consular during the immigration process is to act as applicant and / or representative payee to the government, this paper does not mean that U.S. attorneys have no influence on an immigration case pending abroad.

Those planning to maintain a professional to help an immigration issue would be prudent to check the references of these skills in U.S. immigration indicates that only a licensed attorney can advise and represent clients before the U.S. States Citizenship and Immigration Services (USCIS), Department of Homeland Security and State.