18 Nov What is Consular Processing?
An individual who is the beneficiary of an approved immigrant visa petition and has an immigrant visa number immediately available (i.e. priority date is current) may apply at a U.S. Department of State consulate abroad for an immigrant visa in order to come to the United States and be admitted as a permanent resident. This process is called “consular processing.” Once the individual enters the United States with an immigrant visa, he or she is a lawful permanent resident.
This is an option if the individual is not in the United States or if adjustment of status to permanent resident is not available.
An individual who is the beneficiary of an approved non-immigrant visa petition and is outside of the United States will have to apply at a U.S. Department of State consulate abroad for a non-immigrant visa in order to enter the United States.
Naturalization is the way for immigrants to become US citizens. Naturalization requires USCIS to specifically determine eligibility and approve an application. Benefits of naturalization include protection against deportation, the right to vote, freedom to travel and remain abroad without abandonment of status, and greater ability to immigrate family members.
Immigration Waivers (J-1, Crimes, Overstay, Illegal Status, Fraud):
Sometimes foreigners are not eligible to move to, or even visit, the United States. We use our experience in immigration law to secure waivers of the many grounds of such ineligibility by proving hardship.
DACA (Deferred Action for Childhood Arrivals)
Deferred Action for Childhood Arrivals, known as DACA is not actually a lawful immigration status, but rather a determination by DHS that it will not currently seek to remove the non-citizen with deferred action for a three-year period. Another major benefit of DACA is that DHS may grant work authorization and advance parole to those with deferred action. DACA is available to young people who came to the United States before they were 16, were under the age of 31 as of June 15, 2012, are attending or have attended school here or obtained a GED, were physically present in the United States on June15, 2012, and have been continuously residing in the United States since June 15, 2007 up to the present time.
The United States grants protection to individuals who, in their home countries, have been persecuted, or fear persecution in the future, based on their race, religion, nationality, political opinion, or membership in a particular social group. This protection is labeled either “asylum” or “refugee status,” depending on where the determination about this persecution is made. Those granted refugee status are identified and interviewed outside the United States by the Departments of State and Homeland Security. Individuals who come to the United States on their own (whether as tourists, students, entry without inspection, or in any other way) and seek protection once they are here are granted asylum.
Both asylum and refugee status are granted indefinitely. Refugees and asylees may work in the United States and may apply for their spouses and minor children to join them as refugees or asylees in the United States.
SIJS (Special Immigrant Juvenile Status)
Special Immigrant Juvenile Status (SIJS) is an immigration classification available to certain undocumented immigrants under the age of 21 who have been abused, neglected, or abandoned by one or both parents.