• Deportation & Removal
• Lawful Permanent Residence
• Removal of Condition (I-751)
• Asylum
• Citizenship
• Consular Processing

• Motor-Vehicle Accident
• Pedestrian/Fire/Dangerous Premises

• DUI/DWI
• Assault/DV
• Theft/Shoplifting
• Post Conviction Relief

CONSULAR PROCESSING

United States consulates overseas are conferred with power under INA Section 104(a) with the powers, duties and function relating to the granting or refusal of visas. The INA further creates the Bureau of Consular Affairs which calls upon the Assistant Secretary of State for Consular affairs to maintain close liaison with the appropriate committees of Congress in order that they may be advised regarding the administration of the INA by consular officers. To a degree, consular officers at overseas posts are insulated from political interference and oversight by the secretary of state. This independent power vested upon the consular officers, which is separate from the Office of Consular Affairs allows the visa officers to maintain their independence and autonomy. As a result, consular processing at United States consulates worldwide have evolved into a complex, inaccessible procedures with rules that can frustrate the most experienced attorneys and sometimes lead to arbitrary and capricious results.
There are 217 U.S. consular posts around the world.  We have dealt with most of these consular posts, therefore we have working knowledge of their procedures. There may be strategic reasons to select to visa-process at one consular office over another. The most important consideration sometimes is the timing as far as the delay before processing the visa application. In dealing with any consulate, it prudent to be aware of the following pertinent information:

• Days and hours of operation;
• Holidays observed;
• Eligible visa categories (important that you apply for a visa that you are actually eligible for);
• Appointment system;
• Application processing times;
• How to apply (whether by paper or e-application forms);
• Required documentation for interview, including any forms or evidence;
• Whether attorney representation at the interview is permitted as each post decides the scope of attorney representation;
• Use of interpreters.

In addition to this standard information, it is vital for the visa applicant to be aware of attitude and perspective of the consular post. For example, in posts that receive and deal with widespread fraud, the consular officers may pay scant attention to documents submitted and instead rely on their knowledge of prevailing local conditions in granting or refusing a visa application. Most of the time the consular officers deny cases simply on the basis that the applicant did not “meet their burden of proof”.

Consular Visa Interview Process
By far, the most important event in a consular visa application process is the interview. This is because by the time your visa application is scheduled for interview, the paperwork is usually complete. To understand the interview process, it is important to understand the background and attitude of the consular officer. Consular officers who conduct visa interviews are usually young, bright and highly educated graduates from the Foreign Service Institute. Most gain their experience on the job, which means that their perspective may be influenced by prevailing local cultures. For instance, in consular posts with a lot of fraudulent applications, the consular officer may be over-sensitized and may perceive fraud even when there is none. Therefore, a person appearing for a visa interview needs to be prepared to deal with these factors:

•  Any arrests of any kind anywhere, regardless of outcome. If you have any criminal issues, be sure to obtain certified police and/or court records. In most countries where public records are obtainable on-line, it is safe to assume the consular post has checked;
• Any issues relating to inadmissibility under INA §212(a). This especially important for visa applicants who have prior criminal convictions in the U.S. or those who admit to other bad acts such drug trafficking, trafficking in persons, foreign government officials who have committed severe violations of religious freedom, terrorists, espionage, participation in acts of torture or extrajudicial killings, persons likely to become public charges, etc.
• Previous immigration history, including any petitions whether you are the petitioner or beneficiary, previous application, and entries;
•Impression is very important. Dress appropriately and know about your application and details of your activities in the U.S, including itinerary, host and cities to be visited. Maintain eye contact, stick to questions asked and answer with confidence.
• Tell the truth! Remember that the consular officer must personally be satisfied that the applicant is qualifies and is therefore assessing the applicant’s credibility.

Required Forms and Documents.
Form DS-156.
All applicants for non-immigrant visas are required to complete Form DS-156 (Application for Non-Immigrant Visa). All posts require Form DS-156 to be completed on-line, printed by the applicant, and presented with the bar code page at the time of the application. This form can be obtained from most consulates’ website or downloaded at http://evisaforms.state.gov.

Form DS-157
Form DS-157 is required for all male applicants between ages 16 and 45. This form requests information such as applicant’s employment history, educational history, military background, countries visited and any association membership. This form helps the consulate to flag applicants who might pose security threat and are therefore subject to additional screening.

Form DS-158
Form DS-158 is required for all “J”, “F”, and “M” visa applicants only.

Other Supporting Documents.
At minimum, visa applicants should have a complete copy of any underlying petition submitted to USCIS, a passport valid for at least 6 months, a passport-size photo, and other supporting documents relating to the classification of visa sought. For B-1/B-2 visa applicants, the main issue for the consular officer is whether the applicant has “immigrant intent”, which means that the alien has intention of returning to his/her home country after the visit to the United States. Examples of evidence to alleviate immigrant intent concerns are proof of employment, business ownership, property ownership, family ties, or any other relevant evidence.

Fiancee Visa (K-1): Petition for Alien Fiancee (Form I-129)
A United States citizen may file a petition for his or her fiancée who is outside the United States to enter on a nonimmigrant K-1 visa. To be eligible for K-1 visa, the petitioner must be a United States citizen, be free-to-marry (means single, divorced or widowed), has seen the fiancée within two (2) years preceding the filing of the application. An alien who enters the United States as a fiancée is required to marry the petitioning spouse within 90 days of entry into the U.S. This means that an alien who enters the United States as the petitioner’s fiancée cannot thereafter marry another person and adjust his or her status based on the subsequent marriage. If the alien marries another person, he or she must return to his or her country and seek readmission on another visa.

The advantage of fiance(e) visa is that it is a relatively fast means of sponsoring your fiancé who is outside the United States. It usually takes between 4-6months to get. It authorizes the fiancé  to work once he or she enters the United States.

Application Process for Fiancee visa. The process for fiancée visa begins with the filing of Petition for Alien Fiancee (Form I-129F), along with Biographic Information (Form G-325) for the petitioner and the alien fiancée. A passport photo of the petitioner and alien fiancée is required, along with filing fees and supporting documents. This application is sent to USCIS. After the application is approved, it is forwarded to the State Department (consulate) where the following documents must be submitted:

• Naturalization or birth certificate of the petitioner;
• Any prior divorces or death certificates;
• Beneficiary’s birth certificate;
• Biographic page of the beneficiary’s passport;
• Employment verification for the petitioner;
• Tax return, along with w-2 for the petitioner’s preceding tax year;
• Any evidence of relationship such as correspondence, money remittance receipts, emails, photos, birthday cards, letters, etc.

Dealing With a Visa Denial.
Applicants whose visa applications are denied can request a re-consideration. A consular officer’s denial of a visa is not subject to administrative or judicial review. However, after reviewing the basis of a denial and believe the decision was incorrect, either based on incorrect law or incorrect fact--- ask for the decision to be reconsidered. Either fax or email a brief explanation of your points. If you don’t get a response, it may be advisable to contact the Non-Immigrant Visa (NIV) supervisor/chief. If the principal consul officer disagrees with the refusal, the consular officer in question will revise the decision. 22CFR §41.121(c) states that “if a reviewing officer with a consular commission and title disagrees with the refusal, he or she may assume responsibility and adjudicate the case”. Although this regulation allows a decision of the visa officer to be reviewed, be aware that a visa applicant’s denial is not subject to administrative or judicial review as a matter of right. The best advice is to present your best and strongest case for approval at your interview, not afterwards!

HOW TO APPLY FOR CITIZENSHIP (Form N-400) and (Form N-600)
We handle the entire citizenship application process for you. In our first meeting, we discuss your general eligibility for naturalization, including all potential problems such as any criminal issues, continuous residence, physical presence in the United States, residence in the filing district, good moral character, and knowledge of English Language and civics. We prepare the appropriate naturalization application, whether Form N-400 or Form N-600 and submit required documents and fees. Form N-600 is used for recognition of U.S. citizenship for children of parents who naturalize while the children are under the age of 18 years. Weeks after submission of your naturalization application, you will be scheduled for biometric appointment where your fingerprint will be taken for background check. Once you are scheduled for citizenship interview, we have an in-office meeting where we thoroughly prepare you for your interview. At this appointment, we will go over any potential problems, such as criminal convictions or acts, or difficulty passing the English language requirement or the U.S. history test because of health, or age, or learning disability. We attend the citizenship application interview with you to ensure that your case goes smoothly.

Fee: The current filing fees for Form N-400 is $675 (which includes biometric fee), No fee for applicants who qualify through service in the Armed Forces. The fee for Form N-600 is $460 for biological child and $420 for adopted child.