Professional Consular Processing Assistance
Those who wish to petition for US residency from outside of the United States may apply through a US embassy or consulate that is in their country of residency. This application pathway is called “consular processing,” and, although this approach reduces the need to travel to the United States, it is neither simple nor straightforward. Rather, it is a multi-tiered process that requires the involvement of 3 US government organizations: the United States Citizenship and Immigration Services (USCIS), the National Visa Center, and the US embassy in the nation through which the applicant wishes to apply.
The potential complexity of this approach is highlighted by the fact that applicants must already have filed an immigration petition with the USCIS, been granted approval for that petition from the USCIS, and received an immigrant visa number before applying for an immigrant visa through consular processing.
However, a knowledgeable immigration lawyer can help reduce confusion and the likelihood of error. Contact the experienced immigration lawyers at George & Marzialo, PLLC to ensure that you gather all the necessary information and submit the correct documentation during each stage of the process.
The Consular Process Explained
The consular process has a number of required steps, each with its own paperwork, forms, and required evidence. In order to apply for the right to a permanent residence in the United States, also called a green card, you have to identify the foundation of your application, file a relevant petition, receive approval of the underlying petition, and then attend an interview scheduled by the US embassy.
Having an experienced immigration lawyer can reduce the complexity of the process, thereby decreasing the likelihood of errors and processing delays.
Identify the Foundation of Your Application
To get started, the experienced immigration lawyers from George & Marzialo will determine whether you fit into any specific immigrant category. A majority of immigrants become eligible for a green card, the right to permanent residence, through the filing of a petition in family-based categories or employment-based categories.
Other individuals are able to become permanent residents by making qualified investments, or through a variety of special provisions. Your Lawyer will help you determine the best foundation for your application based on your unique situation.
File Your Petition
Once you have identified the category that is most appropriate for your situation, you’ll generally need to have an immigrant petition filed with the USCIS on your behalf. For family-based categories, the petition will need to be filed by an appropriate and qualifying family member in the US. An employer can also petition on your behalf for US residency.
Transfer of Jurisdiction to the National Visa Center
After the USCIS approves your petition, your case is transferred to the National Visa Center (NVC). The NVC will then contact the relevant parties in your case. That communication link is a potential pitfall for the unprepared. If you fail to pursue your immigrant visa within one year of being notified by the NVC, your petition will be terminated, and you must start the process over again.
A diligent Lawyer can keep you notified of your standing and eliminate the risk of an accidental termination.
Attend your Interview
Once your application has been successfully processed by the NVC, the embassy will schedule your interview. This interview is another potential pitfall for the unprepared because the applicant must interview without his lawyer present. That pitfall matters because a poor interview can result in a denial.
However, Lawyers at George and Marzialo regularly prepare our clients for tough interviews. When you hire us, we will prepare you for what to expect, including the interview structure, potential questions that you will likely encounter, specific issues of contention in your case and how best to document your response. We will also help you identify which documents you need to bring to make sure your interview goes as smoothly as possible.
Connect with an Immigration Lawyer at George & Marzialo, LLC
Our highly experienced immigration lawyers from George & Marzialo are available to provide you with the information and support you need to move through consular processing smoothly and achieve your immigration goals. Contact our office today.