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Atlanta Consular Cases & Waivers Lawyer

Consular cases & waivers can sometimes help If you have been found ineligible for an immigration visa and are currently living abroad. Shirazi Immigration Law can help you apply for a consular waiver that, if approved by U.S. Citizenship and Immigration Services (USCIS), will grant you an immigrant visa. Waiver applications are typically accepted for individuals suffering cases of extreme hardship. If you believe this applies to you, contact us today to schedule a consultation to help ensure that you file an effective waiver application that receives expedited and fair consideration by U.S. immigration officials. Please call Shirazi Immigration Law in Atlanta to discuss consular cases & waivers.

What Is Consular Processing?

Consular processing is the processing of applying for a Green Card while living abroad. You apply through the State Department’s Bureau of Consular Affairs at a U.S. embassy or consulate in your country. Embassies are larger and conduct a number of diplomatic activities; they are usually only found in the nation’s capital. Consulates, on the other hand, can be found in many of the country’s major cities and tourist destinations and regularly issue visas as part of their mission.

Consular processing involves applying for an immigrant visa to come to the U.S. and be admitted as a permanent resident. Once you are a beneficiary of an approved immigrant petition and receive notice from the National Visa Center that an immigrant visa number is immediately available, you will be scheduled for an interview at the consular office. If you pass the interview and meet all other requirements, you will be given a Visa Packet to take with you to the U.S. After inspection at the port of entry by Customs and Border Protection, you can be admitted as a lawful permanent resident. LPR status gives you the ability to live and work in the U.S. permanently.

What Is a Provisional Waiver?

If you are already in the U.S. and seeking lawful permanent residency (green card) status as an immediate relative of a U.S. citizen, USCIS will want you to go back to your home country and have your immigrant visa interview conducted through the consular process. With a provisional waiver, you can stay in the U.S. while the government makes a decision on your application. This gives you more time in the states with your family.

Provisional waivers can be granted to individuals who meet the following criteria:

  • You are an immediate relative (spouse, child, parent) of a U.S. citizen.
  • You are the beneficiary of an approved immediate relative petition.
  • You are at least 17 years old.
  • You are present in the U.S. at the time your provisional waiver application is filed.
  • You are available for biometrics collection at a USCIS Application Support Center (our Atlanta immigration law office is a short drive from the Atlanta ASC).
  • Your immediate relative petition has been approved, you’ve paid the immigrant visa processing fee, and you have a pending case with the State Department.
  • You can show extreme hardship to the citizen family member should your waiver be denied.

What Is a Waiver of Inadmissibility?

There are lots of reasons the government could decide you are not eligible for an immigrant visa. Some of the main grounds that USCIS might deny a visa for include:

  • A history of criminal activity.
  • One or more previous deportation orders.
  • Issues involving public dependency.
  • Health conditions such as tuberculosis or hepatitis c.
  • Illegal entry.
  • Misrepresentation.

A waiver of inadmissibility is just what it sounds like. A waiver allows you to apply for a visa despite being otherwise inadmissible. The form you’ll need to complete is the Form I-601 Application for Waiver of Grounds of Inadmissibility. We can walk you through preparing and filing this form and represent you as your case is adjudicated by USCIS, making sure you provide the right kind of evidence and documentation to support your request for a waiver. We’ll also be there for you if your application requires further steps for a successful waiver, such as appeals, motions to reopen, and motions for reconsideration.

If you’ve already been removed, Shirazi Law can help you apply for reentry through the I-212 Application for Permission to Reapply for Admission.

Help Is Available With Consular Cases & Waivers in Atlanta

For help with all aspects of consular cases, from preparing and filing your petition to seeking a waiver of ineligibility, call the Atlanta consular processing and waiver attorneys at Shirazi Immigration Law. Our office is committed to providing top-notch legal representation and top-tier service to every client.

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