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 underneath 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 underneath the jurisdiction of the American Division of State. In reality, the US immigration and visa obtainment course of is kind of bifurcated underneath most circumstances.
An instance of this bifurcation is greatest demonstrated by means of an evidence of the Immigrant partner visa course of for the international partner of a United States Citizen. Many immigrant spousal visa cases start at the US Citizenship and Immigration Service (USCIS) the place a petition for immigration advantages have to be adjudicated and be authorized previous to being despatched to the American Nationwide Visa Middle (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 underneath the authority of the Division of Homeland Safety whereas the NVC operates pursuant to the authority of the Division of State 미국 아포스티유.
After an authorized United States visa petition is obtained by the Division of State it’s typically processed at a United States Mission overseas (US Embassy, US Consulate, American Institute, and so on.) which has applicable consular jurisdiction. In some conditions, a US visa utility could also be refused pending manufacturing of additional documentation in help of mentioned utility. This often happens pursuant to part 221(g) of the American Immigration and Nationality Act. Below sure circumstances, remittance of requested paperwork often leads to issuance of a visa. In different cases, a Put up’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. Below such circumstances a visa could by no means be granted or, extra generally, the one option to in the end receive a visa could relaxation upon the approval of an I-601 waiver petition.
These occupied with 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 constructive impression upon a given case. Some are underneath 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 function through 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 function doesn’t suggest that American attorneys have any sort of affect in a pending immigration case abroad.
These pondering of retaining an expert to help in an immigration matter are effectively suggested to test the credentials of these claiming experience in American immigration as solely a licensed attorney could advise and signify shoppers earlier than the US Citizenship and Immigration Service (USCIS), the Division of Homeland Safety, and the Division of State.