The next article is written in an effort to offer some temporary perception into Consular Processing and the way an American attorney might be able to help in visa issues pending earlier than Consular Posts at United States Missions overseas.
Some US Residents belabor beneath the mistaken notion that the entire American immigration course of both happens solely within the USA on the Division of Homeland Safety’s (DHS) United States Citizenship and Immigration Service (USCIS) or solely abroad at a American Mission beneath the jurisdiction of the American Division of State. In reality, the USA immigration and visa obtainment course of is form of bifurcated beneath most circumstances.
An instance of this bifurcation is finest demonstrated by way of a proof of the Immigrant partner visa course of for the international partner of a United States Citizen. Many immigrant spousal visa cases start at the USA Citizenship and Immigration Service (USCIS) the place a petition for immigration advantages should be adjudicated and be permitted previous to being despatched to the American Nationwide Visa Heart (NVC) for additional processing. The receipt of an immigration case file by the NVC is the purpose at which the bifurcation of the immigration course of is most evident because the USCIS operates beneath the authority of the Division of Homeland Safety whereas the NVC operates pursuant to the authority of the Division of State 대사관인증.
After an permitted United States visa petition is obtained by the Division of State it’s usually processed at a United States Mission overseas (US Embassy, US Consulate, American Institute, and so forth.) which has acceptable consular jurisdiction. In some conditions, a US visa utility could also be refused pending manufacturing of additional documentation in assist of mentioned utility. This normally happens pursuant to part 221(g) of the American Immigration and Nationality Act. Underneath sure circumstances, remittance of requested paperwork normally ends in issuance of a visa. In different cases, a Submit’s fraud prevention unit could scrutinize a visa utility. In some cases, an United States visa utility may very well be denied based mostly upon a discovering of inadmissibility. Underneath such circumstances a visa could by no means be granted or, extra generally, the one method to finally get hold of a visa could relaxation upon the approval of an I-601 waiver petition.
These desirous about their immigration choices typically ask “How would an Immigration attorney have the ability to assist with Consular Processing?” In lots of cases, attorney familiarity with Division of State procedures, guidelines, and rules can have a tremendously optimistic impression upon a given case. Some are beneath the mistaken impression that Consular Processing attorneys have a “particular relationship” with personnel at an American Mission overseas. Nothing may very well be farther from the reality as a licensed American attorney’s position throughout the consular processing section of the immigration course of is to behave because the Petitioner and/or Beneficiary’s consultant earlier than the federal government, this position doesn’t suggest that American attorneys have any sort of affect in a pending immigration case abroad.
These pondering of retaining knowledgeable to help in an immigration matter are nicely suggested to examine the credentials of these claiming experience in American immigration as solely a licensed attorney could advise and symbolize purchasers earlier than the USA Citizenship and Immigration Service (USCIS), the Division of Homeland Safety, and the Division of State.