Consular & Waivers

What do you mean by visa consular practice?

Among other duties, the U.S. State Department is the U.S. federal government agency charged with the processing immigrant and non-immigrant visas. Our office represents foreign nationals before the U.S. State Department. The State Department's U.S. Embassies and Consulates are the oftentimes the first place foreign national nationals visits when they are applying for permission to enter the U.S (visa). Consular officers are the U.S. State Department's employees in charge of conducting the first risk/benefit analysis and issuing a decision on each foreign national's application for admission into the U.S. In general, there are two types of visas: immigrant and non-immigrant.

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How do I obtain a visa?

The first issue to consider is whether you need one or not. Some foreign nationals are visa exempt for some types of non-immigrant visas but not for others. For example, Canadian citizens are visa exempt unless they are applying for a visa such as the E category. If they are applying for an E category, they have to obtain a visa.

Other issues need to be considered. For example, a common visa issue in the immigrant visa category is whether to obtain the immigrant visa in the U.S. or at a designated Consulate or U.S. Embassy abroad. There are advantages and disadvantages for each choice, if you can chose.

If my visa is approved can I enter the U.S.?

Not necessarily. The U.S. State Department is only one of many federal agencies in the Executive Branch of the U.S. government. There is a separate federal agency called U.S. Dept. of Homeland Security which has been charged with the task of protecting the U.S. from internal and external threats. The U.S. Dept. of Homeland Security has two more agencies may review an applicant's request to enter the U.S.: USCIS and CBP. If you have kept up with the number of agencies in this explanation that can add up to three separate and independent determinations before a foreign national with a visa is allowed to enter the United States. U.S. immigration laws are becoming more restrictive every day and a foreign national's ability to be admitted and remain legally in the U.S. is constantly challenged by new laws and regulations.

Why would I be considered inadmissible?

The Immigration and Nationality Act (INA) makes certain classes of foreign nationals ineligible to receive visas or be eligible for admission into the U.S. for health, criminal, fraud, and unlawful presence bars to admission, among others. For example, INA excludes foreign nationals who are current drug abusers or addicts.

How can we help you?

We assist employers and individuals to comply with complex regulatory requirements. We assess a case and discuss all possible, available options with both, and we assist individuals to qualify for waivers of inadmissibility if they are eligible under current immigration laws. We also prepare all petitions and applications and review supporting documentation.

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