Consular Processing |
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Consular processing is perhaps one of the most important steps in obtaining lawful immigration status in the United States. It also one of the most overlooked areas by immigration law practitioners. Consular processing is an umbrella term for any immigration case being adjudicated at one of the many US Embassies or Consulates. The majority of cases will be adjudicated at some point at the consular level and it is important to be represented by an immigration lawyer with experience.
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When is consular processing relevant?
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Consular processing is a part of the majority of immigration cases. Any immigration benefit derived while the beneficiary or applicant is located outside of the United States will necessarily involve consular processing. Further, all visas are obtained at the consular level. It is a common misconception that one can obtain a visa while in the United States. This is simply not true. The only immigration benefit one can obtain while inside the United States is in the form of “status.” One would still need to obtain a visa at a US Embassy or Consulate should they leave the US and wish to re-enter.
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What are some examples of consular processing?
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Take the below examples to demonstrate when consular processing is relevant.
Alessandro is a national of Italy. While studying in the United States, Alessandro makes a qualified EB-5 Regional Center investment. His attorney files the I-526 petition and Alessandro continues to study in the US on his F-1 student visa. Alessandro’s student status expires before his I-526 petition is adjudicated and he returns to Italy. Shortly after returning to Italy his petition is approved. At this point, since Alessandro is outside the United States, consular processing commences. Alessandro’s file will be sent to the National Visa Center (NVC) which will collect relevant documents and in turn schedule Alessandro’s Embassy interview in Rome. While the I-526 petition has been approved, there is no guarantee that Alessandro will receive the visa. The visa application (consular processing) is a separate matter from the initial EB-5 petition. As such, it is important Alessandro retain a lawyer experienced with consular processing at the various European consular posts. Maya is a national of Belgium. While traveling in the United States she receives bad legal advice from an immigration lawyer who convinces her she can apply for an E-2 Treaty Investor Visa while inside the United States. Taking the advice of her lawyer, Maya makes an application and changes her status to an E-2 investor. One month after changing her status, Maya’s grandfather passes away and she returns to Brussels for the funeral. When Maya is ready to return to the States she realizes that she doesn’t actually have an E-2 visa. She consults with a Brussels based US immigration lawyer who advises that her US based attorney simple filed for her immigration status to be changed. Now that she has left the country she would need to make an entirely new application at the US Embassy in Brussels to obtain a proper E-2 visa which will allow her to travel in and out of the country as she pleases. At this point, consular processing has commenced for Maya and she will need to make a new E-2 application directly through the Embassy in Brussels. Had Maya obtained advice from her European based US immigration lawyer initially, she would have avoided the unnecessary expense and disruption that the initial change of status caused. |
The Barella Global Advantage
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ContactGiven the importance of consular processing in obtaining a visa or US immigration benefit, it is important to retain a firm with a great deal of experience at the consular level. Barella Global is conveniently based in Europe. With offices in London and Brussels, our team of US immigration lawyers represent clients throughout the various US Embassies and Consulates. Unfortunately, many US based lawyers will leave the visa application up to their client once the relevant application or petition has been approved by USCIS. Barella Global guides clients throughout the entire process. Our job is only over once consular processing is complete.
To learn more about consular processing or to arrange a consultation contact our office today. |
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