Atlanta Consular Processing and Waivers Lawyer Serving Clients Seeking to Immigrate
Whether you are looking to join a spouse or extended family in the US or you are coming to the US for long-term work or any other reason for immigrating, it can be a lengthy and challenging process. Enlisting the services of a knowledgeable, accredited lawyer can prevent unnecessary delays and difficulties. Sessoms Law Group, LLC will walk you through all the necessary steps and ensure that your paperwork is filed properly and on-time. We understand how deeply the immigration process can affect your life and emotions, so we seek to provide you with quality representation you can trust.
What Is Consular Processing?
When you are still in your country of origin and you wish to become a permanent resident of the United States, you can apply at a US Department of State consulate for your immigrant visa and this is known as consular processing. While your application is being reviewed, you will stay in your home country. There are many forms to submit, fees to pay, and specific steps you must complete throughout this rather complicated process, so it can be crucial to have legal representation on your side to guide you. The basic steps of consular processing are:
● File an immigrant petition: Typically a family member or employer will file a petition on your behalf, although there are petition provisions for asylum seekers, refugees, victims of human trafficking, and others as well.
● Await a decision: The US Citizenship and Immigration Services (USCIS) will make a decision to approve or deny your petition. This may take anywhere from a few months to over a year. They will notify you of their decision and if you are approved, they will send the petition on to the National Visa Center.
● Receive notification from the National Visa Center: When your petition is received you will be notified. The National Visa Center will process the fees for your visa and may also request additional documentation. Once a visa is available, they will schedule you for an interview with your local US consulate.
● Complete consular interview: During the interview, you will be asked questions under oath which will help the consular officer determine whether or not to grant you a visa. You must complete the interview on your own, so preparation can be key to successfully passing this portion of the process.
● Obtain your visa packet: If you are granted a visa, you will be given a packet of information which must be kept sealed and you must pay processing fees. Now you may travel to the US and present this packet to US Customs and Border Patrol upon your entry. They will look the packet over and if they admit you, you will then have lawful permanent resident status.
● Get your green card: Your green card should come in the mail within 45 days of your arrival. You may need to renew your card after a period of time, depending on your situation.
Why Would an Individual Require a Waiver?
Some individuals are considered inadmissible to the US under immigration law. If this occurs, the individual needs to be granted a waiver in order to apply for a visa. There are legal guidelines for granting waivers, but they are often granted on a discretionary basis taking into account the specific situation. For that reason, having strong legal representation may greatly improve your odds of getting a waiver. Some reasons why an individual may require a waiver include:
● Previously residing illegally in the US
● Being convicted of a serious crime
● Committing immigration fraud
● Prior deportation
The rules governing immigration waivers are incredibly complicated and there are numerous forms to file. The process can be overwhelming. Unscrupulous individuals may also try to take advantage of people attempting to get waivers by promising outcomes for a large fee that they cannot actually guarantee. This is why it is important to only enlist the services of a licensed attorney with experience in immigration law who will look out for your best interests.
Why Might a Green Card Application Be Denied?
The immigration process can be nerve-wracking for the applicant and their loved ones. They may find themselves separated from family or their spouse while they wait for the approval of their petition, the consular interview, and the receipt of their visa packet. Even those who are waiting in the US for updates to their immigration status can experience anxiety over the possibility of their application being denied. Knowing some of the common reasons for green card denials can help you avoid pitfalls in applying and may give you some peace of mind. Application denial reasons may include:
● Inability to prove your marriage is valid, for marriage-based green cards
● Including non-translated documents
● Incorrectly or incompletely filling out required forms
● Not paying necessary fees
● Not demonstrating sufficient financial resources to meet immigration guidelines
● Being inadmissible, due to immigration fraud, criminal history, or specific medical issues
● Applying for a green card from within the US when you are ineligible to do so
Why Hire a Lawyer?
The systems of consular processing and obtaining waivers are subject to a vast number of rules and regulations. If you do not correctly follow these rules, your application may be delayed or denied and these denials can be difficult, time-consuming, and costly to appeal. Sessoms Law Group, LLC has experience helping people like you navigate the immigration system and can help you avoid mistakes that could endanger your application. We understand what is at stake and we are here to serve you. Call our Atlanta office today for a consultation: 678-853-7402. Hablamos Español.