Consular Processing Attorneys in New Orleans
Consular processing is a procedure by which the beneficiary of an approved immigration petition applies for a visa at one of the United States consulates abroad.
To begin this process, visa numbers must be available for the country of the prospective immigrant.
If you are interested in applying for a visa at a consular office outside of the United States, you should seek the assistance of a qualified immigration attorney to guide you through the entire process.
What is the difference between consular processing and adjustment of status?
Adjustment of status is the process that allows an immigrant to change their status and become a permanent resident of the United States without having to leave the country.
Consular processing, on the other hand, requires the immigrant to be physically present in the country where their appointment is scheduled, which may be their country of origin or another country, depending on the circumstances of the case.
Steps to start the consular process
A lawyer 's work begins long before the application reaches the consular office, through the initial immigration petition.
Approval of the petition depends on many factors and varies in each case. For example: Have you traveled to the United States before? Have you violated any immigration laws in the past?
It is important to address any problems and consider their impact on the case before beginning the process.
1. Initial Application and National Visa Centre
The first step is taken by your relative or employer in the United States, by filing a petition for a foreign relative or foreign employee.
Once the petition is approved by USCIS, the case is sent to the National Visa Center for further review.
2. Letter of instructions and forms
Once a visa number is available in your country, the National Visa Centre (NVC) will send you a letter with instructions to continue the consular process.
You will receive a case number and may have to pay a fee for the application.
You will need to access the State Department website to complete the forms and ask your sponsor to complete an Affidavit of Support (USCIS Form I-864).
If your sponsor does not have sufficient income to support you, you may need another sponsor for your application.
During this phase of the consular process, you will likely be asked for personal documentation to support your case.
This part of the process can be very frustrating, as a mistake when filling out the forms can jeopardize the entire visa.
Therefore, having an immigration lawyer is essential.
3. Medical Examination and Consular Interview
Once the appointment is set and you are outside the United States , there are two key moments in the visa approval process. First, a medical examination is conducted, according to the regulations established by the Department of Health and Human Services and the Centers for Disease Control and Prevention. The doctors are designated by the US government and you must attend the medical exam with an approved physician. You must be honest in your medical exam about any issues that you may have.
Next, a consular interview is scheduled at the consular post or embassy , where an officer will verify your information and determine if there is any cause for inadmissibility. You should be prepared to explain what type of application you have and present all documents required by the government in your type of application.
The assistance of an attorney can help you better prepare for the interview, provide more detailed answers, and anticipate any documents the officials may request. In addition, if the application is denied, they will advise you for the reasons and what to do, if anything, to address the issues.
