© 2013 Bell Nunnally & Martin LLP. All Rights Reserved. B Y K AREN -L EE P OLLAK P ARTNER AND I MMIGRATION PRACTICE C HAIR A NATOMY OF A C ONSULAR P ROCESSING CASE PROCEDURE, PRACTICE AND TIPS

© 2013 Bell Nunnally & Martin LLP. All Rights Reserved. CONSULAR PROCESSING STEPS Non Immigrant Visas Consulate generally listed on petition-usually in current or last country of residence or country of citizenship or in extreme cases in the event of hardship in a third country. Research scheduling process and document requirements at each post. Review online scheduling site, if applicable. USvisa-info.com and covers processing at various posts. covers visa processing at posts in India.

© 2013 Bell Nunnally & Martin LLP. All Rights Reserved. CONSULAR PROCESSING STEPS Non Immigrant Visas Complete online DS-160 application. Passport Photos-Digital and hard copy. Advise client on supporting documents needed. Some visas such as an E-2 Investment Visa require you to send documents prior to the interview. Pay MRV fee to schedule interview if required. Prepare supporting letter to Consulate explaining eligibility for the visa.

© 2013 Bell Nunnally & Martin LLP. All Rights Reserved.  Interview generally takes place at Consulate designated in the Petition.  Approved Petition forwarded to National Visa Center. NVC will notify Beneficiary before priority date becomes current.  NVC sends fee statement and requests completion of DS- 230 or online DS260 and Affidavit of Support in family based applications.  Sends list of required documents. CONSULAR PROCESSING STEPS Immigrant Visas

© 2013 Bell Nunnally & Martin LLP. All Rights Reserved. CONSULAR PROCESSING STEPS I MMIGRANT V ISAS  When visa is current and all requested documents received, NVC or Consulate instructs on scheduling medical exam and schedules interview. NVC handles all scheduling except for Guangzhou, China.  Always update applicant’s age and ensure there are no admissibility issues such as unlawful presence, attempts at reentry or removal orders.  Must enter the USA within 6 months of visa issuance.  Spouse and children listed in the application may apply with the applicant or follow to join.

© 2013 Bell Nunnally & Martin LLP. All Rights Reserved.  Review document and country specific requirements at www. ImmigrantVisas.state.gov.  Original Marriage certificates, birth certificates, divorce decrees, death certificates with translations plus 1 copy.  Certified copies of removal orders, arrest records and charge sheets and disposition records for convictions.  all past visa approval notices and evidence of lawful stays in the United States.  Medical examination and immunization panel.  Military exam and discharge papers. REQUIRED DOCUMENTS

© 2013 Bell Nunnally & Martin LLP. All Rights Reserved. DOCUMENTS C ONTINUED Copy of underlying petition with supporting documents. 1. Marriage based-proof of good faith marriage and ability to support spouse. Income Tax Returns for past 3 years 2. Employment based- 6 months paystubs and notarized employment letter. Police clearance record required for all places where applicant has lived since age 16 for 12 months or more and from country of nationality if resided there for 6 months.  Any country where Applicant has been arrested regardless of how long he or she lived there or age when arrested.

© 2013 Bell Nunnally & Martin LLP. All Rights Reserved. Preparation for the Interview Detailed advice on what to expect, what documents to provide and requirements for visa issuance. Typically 5 minute interview unless there are inadmissibility issues, fraud issues or E visa registration issues. Manage expectations-refusal or delay. Delays in processing due to security checks, administrative processing, security at post may delay actual time of the interview, delays in actual visa issuance, DUI. Consulate not supposed to re-adjudicate the Petition.

© 2013 Bell Nunnally & Martin LLP. All Rights Reserved. A DMINISTRATIVE P ROCESSING o Security Clearance o Fraud Review o Revocation o Petition Information Management Service (PIMS) o or contact the Post

© 2013 Bell Nunnally & Martin LLP. All Rights Reserved.  Must be in writing  INA §221 (g) denial.  INA §214 (b) denial-Immigrant intent.  INA §212(a)-if waiver recommended, application electronically sent to Admissibility Review Officer (ARO) for adjudication. 26 weeks.  If waiver not recommended contact Chief consul at Post/NIV Unit citing applicable law, regulation or Foreign Affairs Manual supporting client’s position if you believe there is a legal error. Request an Advisory Opinion from the DOS. DENIALS

© 2013 Bell Nunnally & Martin LLP. All Rights Reserved.  AILA Infonet Doc No (posted Jan 30, 2012).  If application denied under INA§212(a) could get a waiver under INA§212(d)(3)(A).  If a waiver is recommended, it is currently taking 26 weeks to adjudicate.  If waiver is not recommended-Attorney can request the Consular Post to send to the DOS for an Advisory Opinion. DENIALS CONTINUED

© 2013 Bell Nunnally & Martin LLP. All Rights Reserved. RISKS  Consular Officers have broad unreviewable discretionary authority. No formal appeal process nor US. Federal Court review.  Attorneys generally not allowed at the interview.  Not supposed to re-adjudicate the petition but often happens in practice.  If problems, attorney should communicate with the Consulate. Decisions involving issues of law not fact are subject to a DOS Advisory Opinion. Attorneys may use legalnet.state.gov

© 2013 Bell Nunnally & Martin LLP. All Rights Reserved. R ISKS CONTINUED Have a strong legal opinion regarding eligibility if needed or a waiver application. Make sure client and all related parties are aware of the risks. Has client accrued unlawful presence or the Permanent Bar. Removal or Departure orders need I-Form 212 “Permission to Reapply”.

© 2013 Bell Nunnally & Martin LLP. All Rights Reserved. Q UESTIONS ?

© 2013 Bell Nunnally & Martin LLP. All Rights Reserved. CONTACT INFORMATION Karen-Lee Pollak | Partner Tel | Fax McKinney Ave. Suite 1400 Dallas, Texas