VISA PETITIONS AND CONSULAR INTERVIEWS
Across the myriad of different visas, work permits and residency or status change processes that USCIS oversees, these petitions will almost always include a requirement to participate in a “Consular Interview”. This requires the petitioner and beneficiaries to attend a scheduled interview with a U.S. Immigration Officer who will ask multiple questions regarding your petition request. The Immigration Officer is tasked to verify all the details of the petition at hand and to investigate thoroughly if the information included in the application is valid and truthful. They are attempting to detect any foul play either with the paperwork and submitted documents, or with the petitioner and their history as it pertains to the case being evaluated.
One important aspect we wish to touch on, is that this interview, although often times conducted in a USCIS office within the United States, is actually not 100% always the case. In fact, depending on the complexities of the case, some of these interviews will be forcibly required to take place in a country abroad.
WILL I NEED TO DO THE INTERVIEW IN A DIFFERENT COUNTRY?
There are multiple situations and reasons as to why you might need to have the interview take place in a foreign consulate U.S. office or embassy.
As an example, the location of the interview can depend on whether or not the petitioner in question has accrued “Unlawful presence” in the United States; whether the process is a residency or family petition initiated in a U.S. embassy abroad; whether if a work visa is being processed by an employer who’s headquarters might have conducted the petition abroad, etc. Due to the complex nature of how each petition or Visa application might unfold, it is always useful to have an experience Immigration Attorney guiding you and giving you the best relevant information necessary.
To put one example in context, unlawful presence is the period of time when you are in the United States without being admitted or paroled or when you are not in a “period of stay authorized by the Secretary.” If you do fall within the scope of “unlawful presence”, then you may be barred from being admitted to the United States for:
- Three years, if you depart the United States after having accrued more than 180 days but less than one year of unlawful presence during a single stay and before removal proceedings begin;
- 10 years, if you depart the United States after having accrued one year or more of unlawful presence during a single stay, regardless of whether you leave before, during, or after removal proceedings; or
- Permanently, if you reenter or try to reenter the United States without being admitted or paroled after having accrued more than one year of unlawful presence in the aggregate during one or more stays in the United States.
And so, as it pertains to the Consular Interview, if you have indeed fallen within “unlawful presence” and are subject to the 3 or 10 year bar, then any petition or status change request will require that it be processed at the country of the origin of the petitioner.
Contact Attorney Eric Price Today!
Whether you’re just getting started on your visa application process or you’re unsure where to turn after your application was denied, Attorney Eric Price is here for you. He is highly specialized in immigration law and can help evaluate all the complexities of your case. The first consultation is completely free. Call today at 1.855.662.2772.
Price’s dedication and hard work consistently leads to him being ranked among the best attorneys in immigration law. Let’s get started on building your future.
