The Best Consular Processing Attorneys in San Diego, California
Permanent resident status in the United States can be obtained in two ways: through consular processing or adjustment of status. While both serve the same purpose, the context and situation that may qualify a person varies. While consular processing offers the opportunity to obtain a visa while outside the United States, adjustment of status is for immigrants already residing in the country.
Although they are different processes, both are highly complex, so it is always recommended that you consult with an immigration attorney knowledgeable in consular processing in San Diego, California, before beginning the process. If you are unfamiliar with United States laws and how the Department of Citizenship and Immigration Services (USCIS) handles these cases, you may encounter more obstacles than benefits.
Furthermore, it is important to be aware of the basic and essential requirements, as failure to comply with them may result in the denial of your application for consular processing, along with the benefits that come with it.
To do so, we recommend consulting with our team of expert attorneys at Kannan Law, who have previously handled consular processing cases. You will receive extensive advice that will allow you to apply for and obtain permanent residence in the United States through the consular processing program.
If you are outside the United States, you have the option to apply for permanent residence through your family ties. This is a process through which US citizens can offer assistance to their family members abroad in obtaining a visa and, consequently, a legal entry pass that will allow them to immigrate to the United States.
To do this, it is always recommended to consult with a team of expert attorneys such as Kannan Law, as they will advise and guide you on which types of visas you may qualify for. There are the “Immediate Relative Visa” and the “Family Preference Visa,” but certain clauses apply. This will depend on whether your sponsor is a US citizen or a Green Card holder.
After speaking with the Kanna Law team, you’ll know whether your relative who wishes to immigrate to the United States requires an Immediate Relative or Family Preference visa, so you can focus on all the other paperwork and procedures with which our team is also ready to help you with.
While you may not hire the services of an attorney who specializes in consular processing, either because you think it’s a straightforward process or because you want to save money, the truth is that no attorney will recommend that you handle consular processing cases for legal residence in the United States on your own.
In the complex and intricate landscape of US laws and policies, knowing the conditions, clauses, and legal background can make the difference between whether your consular processing visa is approved or not. It also impacts the speed with which the process can be completed.
Our recommendation is always to consult with the experts at Kannan Law in San Diego, California, not only to expedite your process but also to ensure you receive the appropriate legal guidance. Our goal is to ensure you are prepared not only for submitting the requirements but also for any questions you may have during the immigration process.
While there are other methods for immigrating to the United States, Consular Processing offers an advantage in streamlining the entire immigration process for any citizen, as it eliminates the need to have previously traveled to the country, which can reduce costs and time.
It also allows you to immigrate with your sponsor, who must already be fully capable of providing housing to receive you in the United States. Therefore, we recommend consulting with the Kannan Law team to determine if you are eligible for a consular processing application.
Frequently Asked Questions
What is consular processing and how does it differ from adjustment of status?
Consular processing is the process by which an immigrant visa applicant obtains permanent residence (a Green Card) through a US embassy or consulate abroad. It differs from adjustment of status, which is the process by which a person already in the US changes their status from nonimmigrant to permanent resident without leaving the country.
How long does consular processing take?
The time varies depending on the type of visa, the consulate’s workload, and other factors such as security checks. Generally, it can take anywhere from six months to more than a year from the approval of the petition to the interview at the consulate.
What documents are required for the consular interview?
Common documents include:
- Valid passport
- Form DS-260 (Immigrant Visa Application)
- Interview appointment letter
- Birth and marriage certificates (if applicable)
- Proof of financial support (Form I-864, Affidavit of Support)
- Medical examination approved by a designated physician
- Criminal background check and other documents requested by the consulate
What happens if my visa is denied during consular processing?
If the visa is denied under section 221(g) of the Immigration and Nationality Act, it means that documentation is missing, and you will be given the opportunity to provide it. If it is denied under section 212(a), you may need to apply for a waiver of inadmissibility before you can continue with the process.
Can I stay in the US while awaiting consular processing?
No. Most applicants must wait in their home country while consular processing is completed. Entering the US on a tourist visa while waiting for an immigrant visa could cause problems, as it could be interpreted as an intent to immigrate without the proper visa.