Consular Processing

McAllister Law Firm, PLLC assists clients with selecting the proper immigrant or nonimmigrant visa category based on the intended purpose of travel. We also carefully evaluate whether there may be issues related to inadmissibility and any grounds for waivers.

After the USCIS approves a petition, it will send the approval notice and immigration file to the National Visa Center (NVC), which is under the jurisdiction of the U.S. Department of State. The NVC is charged with collecting visa processing fees as well as additional information. Once the file is complete, the beneficiary will receive an appointment notice for an interview at a U.S. embassy or consulate abroad. In some circumstances, it is possible to change the location of the interview.

Consular officers are charged with determining whether the applicant is inadmissible or otherwise eligible for a visa. In the case of family based petitions, consular officers determine whether the required relationship between the petitioner or beneficiary, including derivatives, exists. Life events include death, marriage, and reaching the age of 21 (unless the Child Status Protection Act applies). If family relationships are terminated, petitions can be terminated or revoked. Additionally, the naturalization of the petitioner will grant immediate relative classification to the beneficiary.

An experienced attorney can help visa applicants who may have experienced life events or unfavorable factors. An area of concern would be a past misrepresentation of a material fact made before an immigration or a consular officer in order to obtain an immigration benefit. Denials cannot be appealed and there is also no judicial review.

Our practice also represents individuals who are affected by Presidential Proclamation 9645, which is commonly known as the Travel Ban. The Travel Ban prevents citizens from, Iran, Libya, North Korea, Syria, Venezuela, and Yemen from entering the United States unless a consular officer grants a Travel Ban Waiver. We offer assistance with Travel Ban Waivers and administrative processing.