ANATOMY OF A CONSULAR
PROCESSING CASE
PROCEDURE, PRACTICE AND TIPS
BY
K AREN -L EE P OLLAK
P A RT N E R
AND
I M M I G R AT I O N
PRACTICE
CHAIR
© 2013 Bell Nunnally & Martin LLP. All Rights Reserved.
CONSULAR PROCESSING STEPS
Non Immigrant Visas
•
Consulate generally listed on petition-usually in current
or last country of residence or country of citizenship or in
extreme cases in the event of hardship in a third country.
•
Research scheduling process and document requirements
at each post.
•
Review online scheduling site, if applicable.
•
USvisa-info.com and www.Ustraveldocs covers
processing at various posts. https://www.vfs-usa.co
covers visa processing at posts in India.
© 2013 Bell Nunnally & Martin LLP. All Rights Reserved.
CONSULAR PROCESSING STEPS
Non Immigrant Visas
• Complete online DS-160 application.
• Passport Photos-Digital and hard copy.
• Advise client on supporting documents needed.
Some visas such as an E-2 Investment Visa require
you to send documents prior to the interview.
• Pay MRV fee to schedule interview if required.
• Prepare supporting letter to Consulate explaining
eligibility for the visa.
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CONSULAR PROCESSING STEPS
Immigrant Visas
 Interview generally takes place at Consulate designated in
the Petition.
 Approved Petition forwarded to National Visa Center.
NVC will notify Beneficiary before priority date becomes
current.
 NVC sends fee statement and requests completion of DS-
230 or online DS260 and Affidavit of Support in family
based applications.
 Sends list of required documents.
© 2013 Bell Nunnally & Martin LLP. All Rights Reserved.
CONSULAR PROCESSING STEPS
IMMIGRANT VISAS
 When visa is current and all requested documents
received, NVC or Consulate instructs on scheduling
medical exam and schedules interview. NVC handles all
scheduling except for Guangzhou, China.
 Always update applicant’s age and ensure there are no
admissibility issues such as unlawful presence, attempts at
reentry or removal orders.
 Must enter the USA within 6 months of visa issuance.
 Spouse and children listed in the application may apply
with the applicant or follow to join.
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REQUIRED DOCUMENTS
Review document and country specific requirements at
www. ImmigrantVisas.state.gov.
Original Marriage certificates, birth certificates, divorce
decrees, death certificates with translations plus 1 copy.
Certified copies of removal orders, arrest records and charge
sheets and disposition records for convictions.
 all past visa approval notices and evidence of lawful stays in
the United States.
Medical examination and immunization panel.
Military exam and discharge papers.
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DOCUMENTS
CONTINUED
 Copy of underlying petition with supporting documents.
1. Marriage based-proof of good faith marriage and ability to
support spouse. Income Tax Returns for past 3 years
2. Employment based- 6 months paystubs and notarized
employment letter.
 Police clearance record required for all places where
applicant has lived since age 16 for 12 months or more and
from country of nationality if resided there for 6 months.
 Any country where Applicant has been arrested regardless of
how long he or she lived there or age when arrested.
© 2013 Bell Nunnally & Martin LLP. All Rights Reserved.
Preparation for the Interview
•
•
•
•
Detailed advice on what to expect, what documents to provide
and requirements for visa issuance.
Typically 5 minute interview unless there are inadmissibility
issues, fraud issues or E visa registration issues.
Manage expectations-refusal or delay. Delays in processing due
to security checks, administrative processing, security at post
may delay actual time of the interview, delays in actual visa
issuance, DUI.
Consulate not supposed to re-adjudicate the Petition.
© 2013 Bell Nunnally & Martin LLP. All Rights Reserved.
ADMINISTRATIVE PROCESSING
o Security Clearance
o Fraud Review
o Revocation
o Petition
Information
Management
Service
(PIMS)
o Legalnet@state.gov or contact the Post
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DENIALS

Must be in writing

INA §221 (g) denial.

INA §214 (b) denial-Immigrant intent.

INA §212(a)-if waiver recommended, application electronically
sent to Admissibility Review Officer (ARO) for adjudication.
26 weeks.

If waiver not recommended contact Chief consul at Post/NIV
Unit citing applicable law, regulation or Foreign Affairs Manual
supporting client’s position if you believe there is a legal error.
Request
an
Advisory
Opinion
from
the
DOS.
legalnet@state.gov
© 2013 Bell Nunnally & Martin LLP. All Rights Reserved.
DENIALS CONTINUED
 AILA Infonet Doc No. 08121971 (posted Jan 30,
2012).
 If application denied under INA§212(a) could get a
waiver under INA§212(d)(3)(A).
 If a waiver is recommended, it is currently taking
26 weeks to adjudicate.
 If waiver is not recommended-Attorney can request
the Consular Post to send to the DOS for an
Advisory Opinion.
© 2013 Bell Nunnally & Martin LLP. All Rights Reserved.
RISKS
 Consular Officers have broad unreviewable discretionary authority. No
formal appeal process nor US. Federal Court review.
 Attorneys generally not allowed at the interview.
 Not supposed to re-adjudicate the petition but often happens in
practice.
 If problems, attorney should communicate
with the Consulate. Decisions involving issues
of law not fact are subject to a DOS
Advisory Opinion. Attorneys may use
legalnet.state.gov
© 2013 Bell Nunnally & Martin LLP. All Rights Reserved.
RISKS CONTINUED
 Have a strong legal opinion regarding eligibility if needed
or a waiver application.
 Make sure client and all related parties are aware of the
risks.
 Has client accrued unlawful presence or the Permanent
Bar.
 Removal or Departure orders need I-Form 212
“Permission to Reapply”.
© 2013 Bell Nunnally & Martin LLP. All Rights Reserved.
QUESTIONS?
© 2013 Bell Nunnally & Martin LLP. All Rights Reserved.
CONTACT INFORMATION
Karen-Lee Pollak | Partner
karenlp@bellnunnally.com
Tel 214-740-1475 | Fax 214-740-5775
3232 McKinney Ave. Suite 1400 Dallas, Texas
75204
www.bellnunnally.com
WWW.IMMIGRATIONBN.COM
© 2013 Bell Nunnally & Martin LLP. All Rights Reserved.