Non-Immigrant Visas
Consular Processing
Consular Processing is a procedure that allows persons wishing to obtain an immigrant or non-immigrant visa to the United States at a consular post (U.S. Embassy or Consulate) of their native country or country of current stay.
Familiarity with the following pertinent sources of law is essential should you choose consular processing to achieve your immigration objectives:
- Sections of the Immigration and Nationality Law (INA)
- The regulations promulgated by the United States Citizenship and Immigration Services
- The regulations of the Department of State
- The regulations from the Department of State Foreign Affairs Manual
- Cables from the Department of State Visa Office, and
- Internal policies and procedures of a specific consular post where the visa interview will take place.
Processing of non-immigrant visas
In the majority of cases a foreign national wishing to come to the United States for a temporary visit is required to obtain a visa at a U.S. consular post abroad.
After the attacks of September 11, 2001, the U.S. Embassies abroad conduct additional name clearance checks. These name checks can take up to 20 days or more to complete. Therefore it is extremely important to plan your trip well in advance to avoid possible delays and waiting times. It is not uncommon for travelers to the U.S. to miss an important event because of the delays related to obtaining a visa.
It should be noted that having a visa issued to an individual is not a guarantee of admission to the United States. This is because each applicant for admission must also establish his or her admissibility to an Immigration Service inspector at a port of entry.
An alternative to Consular Processing is called Adjustment of Status. Adjustment of Status is a procedure that allows persons who are already in the United States and wish to acquire legal permanent residence (obtain a green card) apply for an immigrant visa without leaving the country.
Not all aliens can apply for Adjustment of Status while in the United States. Please call attorney Michael Yalovenko if you are not sure which procedure is the best fit for your situation.
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