Going through Consular Processing to Get an Immigration Visa
Attorney Jeff Hammond is a founding partner at
Duque & Hammond, PA, a thriving law practice with immigration attorneys in Miami Dade County. According to Hammond, when someone wants to gain legal status to live in the United States, there are generally two ways of getting an immigration visa.
If you are already living in the United States, then the first way of getting an immigration visa is to go through the process and file the paperwork through an office in whichever state you are currently living. If you are living in a different country, then you will have to go with the second way of getting an immigration visa. Usually, this means visiting the United States consulate office in your country of residence and going through consular processing.
Consular Processing
Separate consulate offices are located throughout the world, and the U.S. consulate is a part of the State Department of the United States, which has the authority to determine who is and is not allowed to step foot into the country. In order to go through the second option to get an immigration visa, an individual must start the process by visiting the U.S. consulate office. Consular processing usually entails an extensive interview that has to be done at the U.S. Embassy or consulate office, along with a detailed application packet that must be filled out.
I recommend people who have to go through consular processing hire an attorney, since immigration attorneys in Miami Dade County work with clients going through these situations all the time. We assist in the process of preparing the visa application in order to make sure it is as strong as possible. The stronger an immigration application packet is, the better chance the individual will have at being able to prove to the consulate office that he is qualified to come to the United States.
Strong Evidence
The specific type of supporting documentation that an applicant will list in his application packet will vary depending on the type of visa that he is applying for. In order to make sure that a person's visa application packet is in order, a number of steps are required. Lawyers will routinely make sure the forms have been filled out correctly, but even more important is that attorneys make sure that all the supporting documentation in the packet is strong. That evidence showing that an individual qualifies for a visa is a very important part of the application packet.
Some visas require proof that the person has the intent to return to his home country once the visa expires, and in those cases, we usually make sure there is plenty of evidence to meet that requirement. Proof of strong social tiessuch as having lots of family, friends, and other loved ones back in the applicant's home countryas well as jobs they are returning to, apartment rental contracts, or real estate and property ownership documents are all included in the packet as evidence in these types of cases. The reason is because they help to show that there is a high likelihood that the person applying for the visa will want to return to his home country in the future.
With visas that are based on marriage, it is important to show the consulate that the applicant has entered into a legitimate union, and that the marriage is not fraudulent. Attorneys know many different ways to prove that marriages are real, but that individuals trying to prove these claims on their own would most likely have a very difficult time.
If the visa is based on the contingency of employment in the United States, then we will work with our clients to provide evidence of their qualifications, such as proper licensing or special degrees and certifications. We just need to show that the person's education level meets the requirements of the visa and that he is properly licensed.
Remember, the particular types of evidence that immigration attorneys in Miami Dade County will include in an application packet for consular processing will depend on the types of visa that are being sought and the particulars of the cases at hand. Either way, anyone going through the process should consult with an attorney to ensure that things go smoothly.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.
Going through Consular Processing to Get an Immigration Visa
By: Jeffrey Hammond
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