Consular and Port of Entry Process

U.S. Consular and Entry Process Lawyers in Texas

Helping you work with the U.S. Consulate in your home country

If your case involves processing and/or interview at the U.S. Consulate in your home country, we can help you properly prepare so that you understand each step of the process and can successfully meet each requirement.

Consular Processing for an immigrant visa refers to the application for permanent resident status at a U.S. consulate abroad, as opposed to applying for adjustment of status within the U.S. Adjustment of status is generally preferred for individuals who are eligible. Consular processing, if successful, results in the issuance of an immigrant visa (permanent resident status) at the U.S. consulate abroad, which permits the individual to come to the U.S. and reside and work legally in the U.S. permanently.

If a relative petition is filed with U.S.C.I.S., and the individual will apply for an immigrant visa at a consular post abroad, the approved petition is sent by U.S.C.I.S. to the National Visa Center in New Hampshire for processing. Once the priority date is current and the National Visa Center has completed its processing, the Application for Immigrant Visa and Alien Registration is prepared and filed. The NVC then sends the application and all supporting documents to the appropriate consular post. The consular post then schedules an interview with the applicant.

A careful review must be made to determine whether the individual is "inadmissible". A person may be inadmissible due to security grounds, health grounds, public charge grounds, immigration violation grounds, or criminal grounds. Each of these must be evaluated to determine whether an application for a waiver must be sought. If a waiver is necessary, the application is prepared and filed at the consular post, along with supporting documentation to demonstrate the legal and factual basis for the waiver.

Upon completion of the interview, the officer adjudicates the petition and any waiver applications. If the petition is approved and any and all waiver applications are granted, the immigrant visa is issued.