Consulate Processing
Licensed Since 1987
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Overview
What is Consulate Processing
Am I Eligible for Consulate Processing
The Process
Do I Need a Waiver
The Waiver Process
Why Team with Mulder Law
What Clients Say about Mulder Law
Contact Mulder Law
Consulate Processing
When a Foreign National seeks a non immigrant visa or immigrant visa from outside the USA (usually in his or her home country), the process is referred to as consulate processing as opposed to Adjustment of Status.
The Visa Application is filed electronically or by paper and the process varies depending on whether the Foreign National is applying for an Non Immigrant Visa of an Immigrant Visa.
The Visa Application will be adjudicated at the U.S. Consulate that has jurisdiction rather than by the USCIS.
The Immigrant Visa Process
The below is in reference to the process for an Immigrant Visa or Fiance’ Visa
File an Alien Relative Petition
I. The UCS or LPR Immediate Relative files an Alien Relative Petition with the USCIS on behalf of the Foreign National.
2. When the Alien Relative Petition is APPROVED, the APPROVAL Notice is sent to the National Visa Center (NVC).
2. Apply for a Visa through the NVC
1. The NVC is part of the State Department. When an immigrant visa number becomes available (immediately if the petition was filed by a USC immediate relative) you will receive a two invoices for payment of the Immigrant Visa (IV) Fee and the Financial Affidavit (FA) Fee.
2. After your payment has been received and processed by the NVC you will receive a receipt.(usually with in 48 hours). Check the status of your file at CEAC.State.Gov regularly to see if the payment has been received and processed.
3. After the payments have been processed you can download your receipts. With the receipt you will have access to the Immigrant Visa Application and Financial Affidavit requirements online. Complete the Application and Affidavit. Attach all supporting documents and send to the NVC.
4. The NVC will review your file. If it is determined the file is complete it will be forwarded to the U.S. Consulate where the Foreign National will have an interview.
3. Interview at U.S. Consulate
The U.S. consulate will notify you that your file has been received.
Each consulate proceeds differently so read the instructions in the letter carefully.
The Foreign national will need to get an immigrant physical and a police certificate if not already provided to the NVC.
Some consulate will schedule the Foreign National for an interview. Other consulates require the Foreign National schedule the interview. You will be advised in the initial letter you received from the consulate how to proceed.
The interview normally last no more than 10 minutes and takes place at a plexy glass window. unless there is a matter that requires additional review or research you will be advised whether your visa application is granted or denied. You may be advised you case is recommended for Administrative Processing.
If a Waiver of Inadmissibility is needed you will be advised that your visa can not be issued until you submit a Waiver and the Waiver is APPROVED.
The Application for a Waiver of Inadmissibility is filed with the USCIS. For more information on Waivers of inadmissibility Click here:
Mulder Law focuses on Immigration Cases that require a Waiver
Do I Need a Waiver?
You must be admissible to the United States as an immigrant at the time your immigrant visa is granted. You may be found inadmissible for the following reasons. A finding that you are inadmissible will require a WAIVER.
Health-Related – INA 212(a)(1)
Crime-Related – INA 212(a)(2)
Security-Related – INA 212(a)(3)
Illegal Entrants and Immigration Violators – INA 212(a)(6)
Ineligibility for Citizenship – INA 212(a)(8)
Aliens Previously Removed – INA 212(a)(9)
Practicing Polygamists, Guardians Required to Accompany Helpless Persons, International Child Abductors, Unlawful Voters, and Former Citizens who Renounced Citizenship to Avoid Taxation – INA 212(a)(10)
The Process for Filing a Waiver
A Foreign national who seeks to immigrate to the United States may know in advance that s/he is inadmissible. If a Waiver is available the Foreign National can hve the Waiver prepared in advance and ready to file. Unfortunately the U.S. Government does not allow the Foreign National to file the Waiver with the Immigrant Visa Application so that they can be adjudicated together.
The Foreign national must first attend an interview at the U.S. Consulate to determine eligibility for the Immigrant Visa. The Consulate Officer will determine whether the Foreign national is eligible for the Immigrant Visa. The officer may determine that the Foreign national is eligible but needs a WAIVER before the Visa will be issued.
The WAIVER Application may be filed with the USCIS ONLY after a decision has been made on the Immigrant Visa Application.
It used to be that the WAIVER could be prepared in advance and filed with the U.S. Consulate at the interview. However this has changed and the WAIVER must be filed with the USCIS. The Foreign National may also need to file a Form I-212 if s/he was previously deported from the United States.
The USCIS has discretion in the adjudication of a WAIVER. This is where it is important to be working with an experienced immigration attorney.
Attorney Mulder has over 34 years experience. She practices Immigration Law only and focuses on cases that require a WAIVER. At the time of this writing Attorney Mulder has never lost a WAIVER case. This does not mean your case is guaranteed if you work with Mulder Law. Eeach case carries its own set of facts. Attorney Mulder’s record speaks to her experience, knowledge and commitment to your success.
What Clients Say About Mulder Law
She Changed My Life
I didn’t think my life would ever change. A leader in the Latino community brought me to see Attorney Mulder. She changed my life and the life of my family forever. She is patient and kind and will not give up on you. I tell you she is the best.
Jose
A Good Attorney
I recommend her. She is a good attorney and has helped many members of my family. Yo recomiendo a ella es muy buena abogada
Celso M
A Great Attorney
She is great attorney she got all my family to be citizens
Marcos Morales
Contact Mulder Law.
Immigration@MulderLawOffice.com
(904)296-7702
Mulder Law is a Virtual Office.
North Central, Florida 32137