Consular Processing U.S. Visa Applications

Consular processing a nonimmigrant or immigrant visa is a crucial step in securing lawful immigration status in the United States, yet it is often one of the most overlooked aspects by U.S. immigration law practitioners. The term encompasses any immigration case being adjudicated at a U.S. Embassy or Consulate abroad. Given that the majority of cases will undergo adjudication at the consular level at some point, it is essential to be represented by an immigration lawyer with relevant experience.

Barella Global's locations in the UK and Europe offer significant advantages over other U.S. immigration law firms based solely in the United States. The firm has successfully represented clients with their consular processing needs related to business and individual immigration matters, as well as complex law enforcement issues or other matters requiring attention at the consular level.

​Our Managing Attorney, Kyle Barella, is an experienced U.S. immigration and visa lawyer, and has visited numerous U.S. Embassies and Consulates across the continent, becoming well-versed in representing clients at the consular level in nonimmigrant and immigrant visa applications. This strategic positioning allows us to address client issues and concerns in real-time. Our U.S. immigration attorneys are available for face-to-face consultations in London, Paris, and Brussels, as well as at our clients' locations throughout Europe and the UK.

​When is Consular Processing Relevant?

Consular processing is involved in the majority of U.S. immigration cases. Any immigration benefit sought while the applicant or beneficiary is outside the United States will necessarily go through consular processing. Additionally, all U.S. visas are obtained at this level. Contrary to popular belief, one cannot acquire a visa to the USA while inside the United States; this is a misconception. The only immigration benefit one can secure within the U.S. is a change in "status." To re-enter the U.S. after leaving, one would still need to obtain a visa from a U.S. Embassy or Consulate.

​What are some examples of consular processing?

Consider the following examples to illustrate when consular processing is relevant:

Alex is a citizen of the United Kingdom. While studying in the United States, he invests in a qualified EB-5 Regional Center. His attorney files the I-526 petition, and Alex continues his studies in the U.S. on an F-1 student visa. Before the I-526 petition is adjudicated, Alex's student status expires, and he returns to the UK. Shortly afterward, his petition is approved.

At this juncture, since Alex is outside the United States, consular processing begins. His file is sent to the National Visa Center (NVC), which collects the necessary documents and schedules Alex's Embassy interview in London. While the approval of the I-526 petition is a positive step, it doesn't guarantee that Alex will receive a visa. The visa application, handled through consular processing, is separate from the initial EB-5 petition. Therefore, it's crucial for Alex to consult an attorney experienced in consular processing at the U.S. Embassy in London.
 
Maya is a citizen of Belgium. While in the United States, she receives misguided legal advice from an immigration lawyer who convinces her that she can apply for an E-2 Treaty Investor Visa while still in the country. Following her lawyer's advice, Maya applies and successfully changes her status to an E-2 investor.

A month later, Maya's grandfather passes away, prompting her to return to Brussels for the funeral. Upon preparing to go back to the U.S., she realizes that she doesn't actually possess an E-2 visa. She consults with a Brussels-based U.S. immigration attorney, who explains that her U.S.-based lawyer had only changed her immigration status. Since she has left the U.S., she will now need to submit a new application through the U.S. Embassy in Brussels to secure a proper E-2 visa that allows for international travel.

At this point, Maya enters consular processing and must file a new E-2 application directly with the Embassy in Brussels. Had she initially consulted with her Europe-based U.S. immigration lawyer, she could have avoided the unnecessary costs and disruptions caused by her initial change of status.

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​The Barella Global Advantage

Given the critical role of consular processing in securing a visa or U.S. immigration benefit from abroad, it's essential to engage a firm experienced in consular matters. Barella Global, strategically located in the UK and Europe with a presence in London, Brussels, and Paris, offers comprehensive representation. Our team of U.S. immigration lawyers work closely with clients at various U.S. Embassies and Consulates. Unlike many U.S.-based attorneys, who often leave the visa application process to the client after securing USCIS approval, Barella Global guides clients through the entire journey. Our commitment doesn't end until consular processing is complete.

To learn more about consular processing or to schedule a consultation with our experienced U.S. visa attorney, contact our office today.