Milwaukee Consular Processing Lawyer

There are two main methods of obtaining permanent resident status. An individual who has an approved immigrant petition and an immigrant visa number (or is in a category where a visa is immediately available, such as certain immediate relatives of U.S. citizens) may apply at a U.S. Department of State consulate overseas for an immigrant visa in order to come to the United States to become admitted as a permanent resident. Alternatively, a person can apply for “Adjustment of Status.” This is where an eligible person who is already in the United States can apply for permanent resident status without having to first return to his/her home country. Continue reading and reach out to a seasoned Milwaukee immigration lawyer from Sesini Law Group to learn more about consular processing and how our team can help you.

What is a visa?

A visa is a conditional authorization given by a country for a person who is not a citizen of that country to enter its territory for a specific purpose. In the immigration context, it is important to distinguish between nonimmigrant visas (temporary stays) and immigrant visas, which allow a person to travel to the United States to seek admission as a lawful permanent resident. The United States maintains consulates in other countries for the purposes of representing the interests of United States citizens in that country, and also generally the interests of the United States. U.S. embassies and consulates process visa applications and provide services to U.S. citizens abroad. Immigrant visa processing through a consulate is referred to as “consular processing.” Contact Sesini Law Group for a consultation.

The process of consular processing

Consular processing is a complex legal process. If you are going through this process, it is important to have an effective attorney on your side. Consular processing involves numerous steps. Contact Sesini Law Group to discuss your situation with an experienced immigration attorney.

Determine your immigration basis: The first step in consular processing is to determine if you are qualified. Most immigrants become eligible for permanent residence through a petition filed on their behalf by a family member or employer. Others become permanent residents through first obtaining refugee or asylum status or through a number of other special provisions.

File the petition: You will need to have an immigrant petition filed on your behalf. There are three general ways to qualify:

• Family-based
• Employment-based
• Special Classes of Immigrants

In some cases, an I-130 Petition may be filed for an immediate relative; a spouse, child, or parent of a U.S. citizen with a U.S. embassy or consulate abroad in limited or exceptional circumstances. These situations may include:

• Members of the military
• Emergency situations
• Situations involving the health or safety of the petitioner
• When in the national interests of the United States

Wait for a Decision: USCIS notifies the petitioner when a decision is made. If the petition is denied, the notice will include the reasons and any right to appeal. If the petition is approved and if you are living outside of the United States or living in the United States but choose to apply for your immigrant visa abroad, USCIS will then send the approved petition to the Department of State’s National Visa Center until an immigrant visa number is available. The National Visa Center will then collect required fees and documentation before scheduling an immigrant visa interview at a U.S. embassy or consulate, typically in the applicant’s country of residence, once the case is documentarily complete and a visa is available.

Contact a Consular Processing Lawyer in Milwaukee, WI

If you are interested in consular processing, consult with an experienced immigration attorney. It is always a good idea to consult with an immigration attorney when you prepare an immigration petition for advice and assistance on the best way to do so to increase your opportunity for success. Also, an attorney can assist you in identifying and collecting the best evidence to support your petition. Contact Sesini Law Group for a consultation.