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Visa "Stamping" at a U.S. Consulate

Consular Processing Lawyer in New York

Consular processing refers to a person applying for either a nonimmigrant or immigrant visa at a U.S. Embassy or Consulate.

This involves submitting forms and documents directly or through the National Visa Center (NVC) and in most cases a consular interview. The NVC is a U.S. government office in Portsmouth, New Hampshire that processes all green card applications for people who are living outside of the United States and applying through their local U.S. embassy or consulate. Our immigration law firm advises clients on the procedures and policies applicable to visiting, working, studying, or immigrating to the United States.

The first step is to consider the suitability of consular processing in individual situations. For example, consular processing is frequently faster, or an interview may be easier (e.g., both spouses are not expected to attend the interview in marriage sponsorship cases), but consular denials are not subject to appeal to the U.S. court system. We can discuss strategy and tactics pertaining to the consular processing option. Of course, in most cases the option not to consular processing does not pertain if the client is not currently present in the U.S. or does not already have an appropriate visa to enter the U.S.

Applying for a nonimmigrant visa or an immigrant visa (“green card”) from abroad through consular processing can be a confusing and lengthy journey. Online resources are useful in that they provide generalized guidance to the applicant as to how to approach the consular process. However, these resources are not always authored by credentialed professionals and contain anecdotal information that may be out-of-date. Incorrect information, incomplete or insufficient documentation, and inadequate case monitoring all prevent a case from consular processing or significantly delay the processing.

The advice, knowledge, and connections of an immigration lawyer with experience in consular processing can be essential to the success of your case. We will assist with the preparation of DS-160 nonimmigrant visa or the DS-230 immigrant visa application and presentation of supporting documents to the State Department and prepare you for the interview as part of our services.

Case Study: H-1B visa stamping. Scenario: DS-160 questions. Facts: your employer is not providing substantial guidance on the steps involved in applying for the visa at a U.S. Consulate, and the attorney-on-record is not returning your calls. You have questions about how your current/previous status impacts the probability of success, and documents to carry to the consular interview in anticipation of and in response to potential questions. Advice from colleagues and friends is not 100% relevant either because their case was somewhat different and is not equivalent, occurred sometime in the past or at a different consular post and memories of the event have faded, the advice is offered in seemingly good faith but there may be conflicting subconscious motivations involved (conflict and competition in the local and wider job market), etc.

Visa issuance delays and denials can impact current and future employment prospects in the U.S. Why rely on rumor and uncertain and incomplete information when there is so much at stake? Our immigration law firm can provide the advice and guidance to allay your anxiety about the consular process.

For an initial consultation with a skilled immigration lawyer experienced in consular processing, please contact the Law Offices of Ajay K. Arora in New York.

[Note: Please consult with an attorney specializing in Immigration & Nationality law for professional advice in specific situations.]

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