Columbus Consular Cases and Waivers Lawyer
After an individual’s immigrant petition is approved and they receive an immigrant visa number, they are eligible for lawful permanent resident status (LPR) through one of two ways. The first way is through a process known as adjustment of status (AOS). However, only an individual already legally in the U.S. is eligible for permanent resident status through this process. If you are outside the U.S. or illegally in the U.S., you can only use the second option, which is consular processing. To apply for LPR status from your home country through consular processing, you will go to your local American consulate or embassy. You will most likely only find a U.S. embassy in your nation’s capital. On the other hand, you can find a consulate in your country’s tourist destinations centers and major cities.
Before you can move to consular processing, a family member who is already a U.S. citizen or lawful permanent resident needs to submit and get an I-130 petition approved by the USCIS on your behalf. Your employer can also obtain labor certification and an approved I-140 for you. You can also move to file your paperwork for consular processing after being selected in the diversity visa lottery. Consular processing is basically “part two” of the green card application process. Once your family member or employer has submitted the necessary petition on your behalf and is approved, or after you have won the lottery, the National Visa Center (NVC) will transfer your file to the appropriate consulate. As you can see this is a complex process but our Columbus consular cases and waivers lawyer at Shirazi Immigration Law, Inc. can help.
Consular Waivers (Form I-601 and Form I-601A)
Finding out that you have been found “inadmissible to the United States” can be heartbreaking. Fortunately, you can request a waiver if found inadmissible to the United States. You can use Form I-601 to seek a waiver of certain grounds of inadmissibility. An attorney can help you in determining if you qualify to file Form I-601.
Form I-601A, on the other hand, is for applicants with immediate family members who are U.S. citizens or lawful permanent residents. If you have close family members who are U.S. citizens or lawful permanent residents and entered the U.S. illegally, you would need to go back to your home country and use consular processing. Unfortunately, if you have been in the United States for six months or more, you may be punished for staying in the U.S. illegally, even if you are eligible for a green card. Even if you qualify for a green card, you will most likely be barred from reentering America for three years if you were in the U.S. illegally for between six and twelve months. If you were illegally in the U.S. for more than twelve months, you would most likely be barred from coming back to the U.S. for ten years. Basically, when you file Form I-601A, you are applying to have the three- or ten-year ban on returning to the United States of America waived if you leave to go back to your home country to apply for your green card.
Legal Help Is Available With Consular Cases & Waivers in Columbus
If you need help applying for lawful permanent resident status through the consular process, contact the Columbus waiver and consular processing attorneys at Shirazi Immigration Law today. We are committed to providing the best legal representation to our clients.