Guiding You Through the Immigration Process
Consular processing allows foreign nationals to apply for visas while still in their home country. New Jersey Consular Processing Attorney Susan Scheer handles many of these cases by working closely with a liaison who is already here, usually an employer or family member. We also keep in contact with the candidate and provide the guidance necessary to ensure that their visa petition efficiently moves through the system. If you want to petition for someone who is outside the United States, contact us to schedule a consultation.
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Consular Processing Visas
We handle consular processing applications that involve
- Marriage and fiancé visas
- Seasonal employment based immigration
- Family based visas
- Visitor visas
- Student visas
- Professionals and investors
Submitting a petition via consular processing presents its own challenges because we are no longer dealing with USCIS. Instead, we are working with the Department of State. Access to files can be limited and backlogs are common. Nevertheless, clients appreciate our tenacity and dedication to finding solutions to processing issues. Our New Jersey Consular Processing Attorney works diligently to ensure that the government has the requisite information to process your petition without unnecessary delays.
If you have a relative or prospective employee who currently lives outside the country, we can give you an accurate assessment of your options. Call New Jersey Consular Processing Attorney Susan Scheer today to learn more.
New Jersey Consular Processing Attorney Answers Frequently Asked Immigration Questions
>> How do I obtain an “adjustment of status”?
Consular processing once was the only means of obtaining an immigrant visa. After the Immigration and Nationality Act introduced the Adjustment of Status for Permanent Residence, it became a highly popular method of achieving permanent resident status after entering the United States.
If you have an approved immigrant visa petition and are currently residing in the United States, you may be eligible for an adjustment of status. If you are considering such a step, having an experienced lawyer is essential. Applying for permanent resident status (through what’s called the I-485 package) is a detailed, arduous process.
>> Can I apply for a visa while still in my home county?
Consular processing allows foreign nationals to apply for visas while still in their home country. This is best handled with an experienced immigration lawyer in the U.S., working closely with a liaison (usually a family member or employer) already in the country.
Submitting a petition via consular processing presents its own challenges because we are no longer dealing with United States Customs and Immigrations Services. Instead, we are working with the Department of State. Access to files can be limited and backlogs are common. Nevertheless, an attorney can ensure that the government has the requisite information to process your petition without unnecessary delays.
You cannot come to the U.S. to marry a someone you have never met in person, nor someone you have not seen in person in over two years. Skyping, etc., does not count.
At the time of the consular interview, the Petitioner will be required to submit evidence of financial ability to support Fiancé(e): job letter, bank letter, tax return(s).
>> How can I prove my child is a U.S. citizen if he or she was born abroad?
You can apply for a Consular Report of Birth Abroad. This is proof of identification and citizenship, but isn’t a travel document – it can’t replace a passport, for example. However, you can apply for a passport for your child in the same visit to the embassy. The consul or embassy will give you one original. Hang on to this – it won’t be easy to get a replacement.
>> How can I obtain a student visa?
If you wish to study in the United States but are not a citizen, you can obtain a student visa that will allow you to pursue an education in the country legally. This visa does not grant you permanent residency, but it can lead to eventual citizenship down the road if you request a status change. Student visas are generally granted to individuals studying at a college or university and will not expire until his or her time as a student is up. Once you have been accepted to a school that has been approved by the Student Exchange and Visitor Program, you can come to an experienced U.S. immigration attorney for help with the process. It will help to have a liaison who is already here in the country, usually a school official or family member. An interview will also be mandatory for applicants between 14 and 79.
>> What is the difference between a Visa Waiver and a B Tourist visa?
The best way to enter the U.S. depends on what you plan to do here, and on how long you want to stay.
Currently about 40 countries in the world participate in the Visa Waiver program. This allows tourists to come to the U.S. with nothing more than a passport and a round-trip ticket, without visiting the Embassy to apply for a visa. These last 90 days and cannot be extended or converted into a different type of visa. The only exception would be if you married a U.S. citizen during those 90 days. You might, then, be able to stay and interview for a green card.
B Tourist Visa
If you know you want to stay in the U.S. longer than 90 days, you will need a B visa. To obtain a B-1 (business) or B-2 (tourist) Visa, you need to go to the U.S. Embassy in your home country and apply, submitting your “plan” – no matter if your intent is to celebrate a holiday or family occasion, travel across the country, etc. You also need to prove temporary, rather than permanent intent to travel to the U.S., and prove that you have permanent ties in your home country. This can be difficult for the young or the elderly, who might not have a job or many family members in their home country. However, once in the U.S., you can seek an I-94 authorization to stay in the U.S. for up to six months. Also, if you have a B visa you can attempt to convert it to an H-1 professional visa or F-1 student visa.
Contact our New Jersey Consular Processing Attorney for an initial consultation.
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