San Francisco Consular Processing Attorneys

Understanding Visa Availability for Adjustment of Status

Obtaining the status of lawful permanent resident is an important step in a person's immigration journey. For people who are seeking to resettle in the United States, there are a few different options receiving a Green Card. Consular processing is the method typically used by people who are located outside the United States. By applying for an immigrant visa through a U.S. consulate or embassy, a person can receive permission to enter the U.S. as a permanent resident. At Hafey & Karim, our legal team can help immigrants meet all applicable requirements during consular processing, and we can help resolve any obstacles that may need to be addressed before a person can resettle in the United States.

Requirements for Consular Processing

To successfully obtain a Green Card through consular processing, applicants will need to meet multiple criteria, including:

• Approved petition: A sponsor will submit a petition for a visa on behalf of the immigrant. In many cases, family members will be able to serve as sponsors, although immigrants may also receive visas through employer sponsorship.
• Visa availability: An immigrant visa must be available. The Visa Bulletin published by the U.S. Department of State will specify when different types of visas will be available based on the date the immigrant's petition was filed and their country of origin.
• Medical examination: A person must be examined by a physician or medical provider that has been approved by a U.S. embassy or consulate. The immigrant must also receive all required vaccinations. These requirements will ensure that the applicant does not have any health conditions that would make them inadmissible to the United States.
• Supporting documents: An immigrant will provide immigration officials with multiple types of information to demonstrate their eligibility for immigration. These include civil documents such as a birth certificate or marriage certificate, an Affidavit of Support from the sponsor, passport photographs, and more.

Procedures Followed During Consular Processing

Consular processing involves numerous steps that must be completed to obtain a visa and Green Card. These steps include:

1. Petition filing: The person sponsoring the immigrant for a visa will begin the process by filing a visa petition with U.S. Citizenship and Immigration Services (USCIS). For family-sponsored immigration, this will be Form I-130, which is a petition for an immigrant family member. In cases involving employer sponsorship, this will be Form I-140, which is a petition for an immigrant employee.
2. Petition approval: After confirming that a person is eligible for immigration, USCIS will forward the petition to the National Visa Center (NVC) for further processing.
3. Documentation: The NVC will send instructions for submitting the required documentation.
4. Visa interview: This interview will take place at a U.S. embassy or consulate. Through this interview, a U.S. immigration officer will assess the applicant's eligibility for a visa.
5. Visa packet: After a visa is approved, the applicant will be given a sealed packet of documents to present to U.S. customs officials when they arrive in the United States.
6. Entry to the U.S.: Upon entering the United States, the immigrant will be admitted as a lawful permanent resident. They will receive their Green Card in the mail.

Preparing for a Visa Interview

The visa interview is a critical step in the consular processing procedure. During the interview, an official will confirm that the provided information and documents are authentic. They will also review the immigrant's background and ensure that there are no security concerns or grounds of inadmissibility. To ensure that a person is fully prepared for their visa interview, they should:

• Organize documents: Ensure that all required documents are organized and complete. Bring original documents and copies as specified by the NVC.
• Review the visa application: Be familiar with the information provided to immigration officials when forms and documents were submitted. Consistency is key during the interview.
• Practice interview questions: Prepare for questions that might be asked during the interview. Practice answering questions clearly and confidently.
• Dress appropriately: Dress in professional attire to make a good impression during the interview.
• Be honest: Provide truthful answers to all questions. Misrepresentation can lead to denial of a visa and potential future inadmissibility.

Contact Our Dallas and San Francisco Consular Processing Attorneys

The experienced attorneys at Hafey & Karim are dedicated to helping people navigate the immigration process with confidence. We can help ensure that all requirements are met when applying for Green Cards through consular processing, and we can help a person prepare for their visa interview and address potential legal issues. Arrange a free consultation today by contacting us online. We are ready to help you achieve your immigration goals and secure your future as a permanent resident of the United States.