The next article is written in an effort to supply some transient perception into Consular Processing and the way an American attorney could possibly help in visa issues pending earlier than Consular Posts at United States Missions overseas 아포스티유.
Some US Residents belabor below 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 below the jurisdiction of the American Division of State. In reality, the USA immigration and visa obtainment course of is form of bifurcated below most circumstances.
An instance of this bifurcation is greatest demonstrated by means of an evidence of the Immigrant partner visa course of for the overseas 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 authorized 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 below the authority of the Division of Homeland Safety whereas the NVC operates pursuant to the authority of the Division of State.
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 acceptable consular jurisdiction. In some conditions, a US visa utility could also be refused pending production of additional documentation in help 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 might scrutinize a visa utility. In some cases, an United States visa utility may very well be denied primarily based upon a discovering of inadmissibility. Underneath such circumstances a visa might by no means be granted or, extra generally, the one approach to finally get hold of a visa might relaxation upon the approval of an I-601 waiver petition.
These desirous about their immigration choices generally 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 laws can have a tremendously optimistic influence upon a given case. Some are below 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 in the course of 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 properly suggested to examine the credentials of these claiming experience in American immigration as solely a licensed attorney might advise and signify shoppers earlier than the USA Citizenship and Immigration Service (USCIS), the Division of Homeland Safety, and the Division of State.