CONSULAR PROCESS

CONSULAR PROCESS: FREE CONSULTATION

Here at Alcock and Associates, our team and staff have the expertise to assist you in the consular process.

Our law firm is made up of dedicated, caring, and responsive attorneys who are here to work and fight for you.

Many times, many people may find that the immigration process is long and very complicated, so you should have the right person by your side because it can make a difference in a case.

Throughout all the processes and cases that we have handled, we have been able to achieve hundreds of positive results. We would love to help you in your process.

THE REQUIREMENTS FOR CONSULAR PROCESSING:

Just like any other immigration process, there are some people who will not be eligible for this type of help.

What this means is that U.S. Citizenship and Immigration Services or USCIS cannot legally receive an immigrant visa. The purpose of the following information is to inform you about the conditions so that you can take into account the requirements for consular processing.

The purpose of consular processing is to allow U.S. citizens or permanent residents to petition their family members living outside the United States.

A visa may be available as soon as the I-130 family application is approved for parents, children under the age of 21, and spouses of U.S. citizens.

Certain family members of permanent residents will be asked to wait until their visa priority date listed on the I-130 application is the current one before he or she can apply for an immigrant visa.

The first step of the consular process is the I-130 family application. The purpose of the I-130 application is to classify the immigrant beneficiary/applicant as the applicant’s family member.

When the I-130 family application is approved, this simply means that the U.S. Citizenship and Immigration Services or USCIS is convinced that the applicant is the petitioner’s spouse. Therefore, if the application is for a spouse, there must be proof that the marriage is legitimate and not fraudulent. The cost of the I-130 application is $535 and its processing takes between 6 and 9 months.

After the I-130 family application is approved, it will be sent to the Department of State, which means two fees must be paid to the National Visa Center. These costs are $120 and $325 and are for the immigrant visa and DS-260 residency application that is made online.

NATIONAL VISA CENTER

Once the above costs have been paid, there will be certain documents that will need to be mailed to the National Visa Center so that they can begin scheduling the interview at the consulate of the applicant’s home country. The DS-260 application must be made online. Among the many documents that will be needed, one of them is the affidavit of financial support. The purpose of the I-864 application is to demonstrate that the applicant has adequate means of financial support and is not likely to become an economic burden.

If the petitioner does not have sufficient income or assets in compliance with federal 125% poverty standards, an additional sponsor who meets the requirements may file a Form I-864.

All sponsors must be domiciled in the United States, be at least 18 years of age, and be citizens or permanent residents of the United States.

Once the interview is scheduled, the applicant must return to their home country for the interview at the consulate. Something that is required for this interview is that a licensed doctor do a medical examination in the country where you will be interviewed. This examination should be completed before the interview. Now, during the interview, the USCIS officer will ask the applicant a series of questions to make sure the applicant is eligible for an immigrant visa.

There are certain situations where an individual will not be eligible for this process. For example, if an individual is known to have left his/her status from the United States for 365 days, left the United States, and attempted to re-enter the United States, or if they managed to re-enter, they will not be eligible for consular processing. A person will also not be entitled to consular processing if they were in the United States for more than 365 days and left the United States in the last ten years.

Similarly, an individual will not be eligible for consular processing if they have been previously convicted of being found guilty of a controlled substance offense or a crime involving immoral behavior. A crime involving immoral behavior is a crime that has elements of theft or fraud, or a crime that caused bodily harm by an intentional act. In addition, a person will not be eligible for the I-601A pardon application if they entered the United States with fraudulent documents, falsely stated that they were a U.S. citizen, or brought someone with them when they entered the United States (undocumented trafficking).