Employment Based Petition

An employer in United States can file the Employment based Immigrant petition for the employees to get permanent resident status within USA. Various preferences are involved depending on their category as of extraordinary ability, outstanding researchers and professors, multi-national executive transferees, professionals who have an equivalent U.S. Bachelor degree , skilled workers with at least two years experience. Click here to read more.

Family Based Petition

A US Citizen and Permanent Resident under certain circumstances can sponsor immediate relatives. Parents, Spouse , and Children under 21 years of age fall under the category of "Immediate Relatives". Furthermore, US Citizens can apply Family Based petitions for married children and siblings as well. Click here for more information.

PERM Labor Certification

What is a PERM Labor Certification?

PERM (Program Electronic Review Management) is a three step process used to obtain a labor certification, and is the first step of the green card process for foreign nationals seeking permanent residence through their employment (“green card”).

The two employment-focused preference categories which require PERM are EB-2 (a preference that usually entails you to have an advanced degree, or for you display an exceptional ability) and EB-3 (a preference that requires that you are a skilled worker). The overall goal of the PERM process is to protect workers and the U.S. labor market by distinguishing immigrant workers from U.S. workers, as well as reduce labor certification times to less than 60 days.

How do I Obtain a PERM Labor Certificate?

To obtain an approved PERM Labor Certification an Employer must:

  • Complete the recruitment process to find a qualified US citizen employee. If they are unable to find a qualified employee for the required job position, they can offer job to an alien qualified for this job position, and
  • Be prepared to hire the foreign worker on a full-time and permanent basis.
  • File a PERM application electronically or by mail

When filing a PERM application, an Employer must abide by certain regulations. The standards the PERM system will be based on are:

  • Whether there are or aren’t an adequate amount of willing, qualified, and able United States workers who are able to hold the available position
  • Employing an alien worker won’t have a negative effect on the wages or working conditions of the employers current U.S. staff

If the application is selected for auditing, a petitioning employer must provide the DOL (Department of Labor) with all the documents they request within 30 days. If the employer does not abide to this time frame, the case is deemed abandoned, and the employer will have to submit to “supervised recruitment” if they are want to conduct another recruitment to receive a PERM certification.

Call a Houston Immigration Attorney Today!

The PERM process involves a lengthy recruitment process, as well as the processing of an ETA 9089 application with the Department of Labor that is often stressful. You may need the help of an experienced, supportive Houston Immigration Lawyer to help you through the process.

If you need assistance in understanding and processing the PERM procedure, kindly contact the Houston PERM Certification Lawyers at the Law Offices of Misbah Chaudhry to set up a consultation for detailed review. Call now to get the help you deserve: 281 870 1300

Citizenship and Naturalization

If you want to apply for Naturalization, you must meet a few requirements. Depending on your situation , there are different requirements that may apply to you. However, generally, an applicant for naturalization must:

  • Be 18 years old or older at the time of filing Form N-400, Application for Naturalization
  • Be a lawful permanent resident (have a "green card")
  • Demonstrate continuous permanent residence in the United States for at least 5 years. (In some cases, this may be 3 years if you are married to a U.S. citizen)
  • Show that you have been physically present in the United States for 30 months. (In some cases, this may be 18 months if you are married to a U.S. citizen)
  • Show that you have lived for at least 3 months in the state or USCIS district where you claim residence

For more information, click here.

B-1 & B-2 Visitor Visas

A US Citizen and Permanent Resident under certain circumstances can sponsor immediate relatives. Parents, Spouse , and Children under 21 years of age fall under the category of "Immediate Relatives". Furthermore, US Citizens can apply Family Based petitions for married children and siblings as well. For more information related to your circumstances kindly contact Law offices of Misbah Chaudhry at (281) 870-1300.

What is a B-1 Visa?

B-1 Visa or “Business Visa” states that a person may enter the United States only for business purposes. This type of Visa is often issued jointly with a B-2 Visa, or rather a “Visitor for Pleaser” Visa. This can occur when a person has an outdated B-2 Tourist Visa, but needs to reenter the States for a business trip (thus the Visa is considered valid), or when a person is entering the country for both business and pleasure.

What can you Do and Not Do When Issued a B-1?

When entering the States for business, a B-1 Visa will allow you to:

  • Conduct Business Negotiations
  • Seek sales
  • Make or seek Investments
  • Make purchases
  • Attend Business meetings
  • Interview and hire staff
  • Business-related, independent research which provides no benefit to a U.S. Institution
  • Consult with business associates

A B-1 does not allow you to:

  • Run a business in the U.S.;
  • “Gainful employment,” or rather acquire a full or part time job
  • Payment by an organization within the U.S.
  • Participate as a professional in an entertainment/sports event
  • Receive a salary from a U.S. Institution

Obtaining a B-1 Visa

In order to obtain a B-1 Visa, a person must demonstrate that:

  • Their purpose for entering the States is for business, but not an attempt to attain local employment
  • They only plan to stay as long as their Visa grants
  • They will maintain permanent residence outside of the U.S., and plan to return once Visa is up.
  • They can afford their expenses when living in the U.S.

How long will my B-1 be Valid For?

Unlike other business visitors who enter with E or L visas, most B-1 Visas are only valid for a short period of time. Generally, most visitors are granted 6months of admission, and can attempt to gain an extension for another 6 months. This particular Visa only allows for a 1 year maximum visit.

Contact a Houston Immigration Attorney Today!

If you or a loved one is in need of more information about B-1 Visas, or are looking to obtain a B-1 Visa, please do not hesitate to call the Law Office of Misbah Chaudhry. Our Houston B-1 Visa Attorneys treat every client with the support and care they deserve. We are here to help in every way we can. Contact us today: 281-870-1300

E-1 & E-2 Treaty Visas

What are E-1 & E-2 Treaty Visas?

The Treaty Trader (E-1) or Treaty Investor (E-2) visa is for a national of a country with which the United States (U.S.) maintains a treaty of commerce and navigation who is coming to the U.S. to carry on substantial trade, including:

  • trade of services or technology, principally between the U.S. and the treaty country;
  • to develop and direct the operations of an enterprise in which the national has invested;
  • or is in the process of investing a substantial amount of capital.

How is “Trade” Defined?

Trade means the international exchange of goods, services, and technology. Title of the trade items must pass from one party to the other. The applicant must be employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm. Ordinary skilled or unskilled workers do not qualify.

E-1 Treaty Trader visa requirements

To qualify for a treaty trader E-1 visa, applicant must qualify under the following requirements:

  • The applicant must be a national of a treaty country;
  • The trading firm for which the applicant is coming to the U. S. must have the nationality of the treaty country;
  • The international trade must be "substantial" in the sense that there is a sizable and continuing volume of trade;
  • The trade must be principally between the U.S. and the treaty country, which is defined to mean that more than 50 percent of the international trade involved must be between the U.S. and the country of the applicant's nationality.

E-2 Treaty Investor visa requirements

To qualify for a treaty Investor E-2 visa, applicant must qualify under the following requirements:
  • The investor, either a real or corporate person, must be a national of a treaty country.
  • The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise;
  • The percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise;
  • The investment must be a real operating enterprise;
  • The investment may not be marginal;
  • It must generate significantly more income than just to provide a living to the investor and family;

Or:

  • It must have a significant economic impact in the U.S;
  • The investor must have control of the funds, and the investment must be at risk in the commercial sense;
  • The investor must be coming to the U.S. to develop and direct the enterprise;
  • If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity.

How long can I stay in the USA in E status?

I person who obtains a E-1 or E-2 visa, provided the level of trade or the value of the investment, may be able to stay in the U.S. indefinitely. As long as the U.S. can prove that you’re a significant asset, an E visa can be renewed any number of times. At registration, though, the visa is usually valid anywhere between two and five years.

Contact The Law Offices of Misbah Chaudhry to speak with our Houston Immigration Lawyers today!

If you need help understanding the E visa application process, we encourage you to reach out to our offices. At the Law Offices of Misbah Chaudhry, we have assembled a great team of immigration lawyers that can provide you with all the information you may require. We are dedicated to helping you with the immigration process. Please call us today: 281 870 1300.

E-3 Australian Specialty Worker Visas

What is an E-3?

Pursuant to the REAL ID Act of 2005, the E-3 nonimmigrant classification allows for the admission of an Australian National temporary worker to enter the U.S. and to perform services in a "specialty occupation", requiring possession of a bachelor's degree or higher (or its equivalent), and possess the appropriate degree (or its equivalent) in the field in which the alien wishes to work.

Congress has established a yearly cap of 10,500 new E-3 workers. Nonimmigrant aliens who are already legally in the United States may apply to change their status to that of an E-3 specialty worker and, eventually, apply to extend their stay in E-3 classification.

Criteria

To qualify for an E-3, a person must:
  • be a national of Australia;
  • have been offered a legit employment in the United States;
  • have the necessary credentials (including academic);
  • be filling a position that is considered a “specialty occupation”.
  • demonstrate that will be staying temporarily

How long is an E-3 Valid For?

When receiving an E-3 Visa, the initial period of visit allotted to a person is two years.

E-3 Visa holders are able to try to get an extension if needed. The length of an extension can be up to 2 more years, and there is no maximum number of times a person can ask for an extension.

Family of E-3 Visa Holders

The family of the person who has an E-3 classification is awarded the same benefits as the holder. Your spouse, and if you have any single children under the age of 21 years of age qualify. If you apply for an E-3 visa, your spouse needs to file a Form I-765 (Application for Employment Authorization). These family benefits are a great privilege to E-3 classification. Families are able to stay together, a barrier that still affects many alien immigrants.

Call a Houston Immigration Attorney at The Offices of Misbah Chaudhry Today!

Australians looking to work in the United States now have a great opportunity. If you or someone you know is interested in finding out more information about obtaining a E-3 Visa, please contact the Law Office of Misbah Chaudhry for more information, and the legal support you need.

The Law Offices of Misbah Chaudhry is made up of a great team of hard-working, passionate people who want to help! Please contact us today: 281 870 1300.

F-1 & M Student Visas

What is an F-1?

Full-time students enrolled in an established school that is SEVP certified are have an opportunity to obtain an F-1 Visa. If a student wishes to attend a University, primary, or secondary school in the States, an F-1 will be required. The F-1 does not include public elementary school, or publicly funded education for adults.

What’s the difference between F-1 and M Student Visas?

In general, for academic students attending a university, college, high school, private elementary school, seminary, conservatory or other academic institutions, including a language training program, an F visa is the appropriate category.

For students attending vocational or other recognized nonacademic institutions, other than a language training program, an M visa is generally the appropriate category.

Furthermore, if you are going to the U.S. primarily for tourism, but want to take a short course of study that is recreational, and the course is less than 18 hours per week, you may be able to do so on a visitor (B) visa. If your course of study is 18 hours or more a week, you will need a student visa. When traveling to the U.S. to attend seminars, conferences or a program of study for academic credit then you will need a student visa.

In simple terms, you will need an F-1 or M-1 Visa if:

  • You will study for more than 18 hours a week
  • You will receive academic credit
  • You are enrolled online, and your program of study requires you to travel to the United States for a course that is more than 18 hours a week.

The Student and Exchange Visitor Program

The Student and Exchange Visitor Program (SEVP) is designed to help the Department of Homeland Security (DHS) and Department of State better monitor school and exchange programs and F, M and J category visitors. Exchange visitor and student information is maintained in the Student and Exchange Visitor Information System (SEVIS).

SEVIS is an Internet-based system that maintains accurate and current information on non-immigrant students (F and M visa), exchange visitors (J visa), and their dependents (F-2, M-2, and J-2). SEVIS enables schools and program sponsors to transmit mandatory information and event notifications via the Internet, to the DHS and Department of State (DOS) throughout a student or exchange visitor's stay in the United States.

Student applicants must have a SEVIS generated I-20 issued by an educational institution approved by DHS, which they submit when they are applying for their student visa.

Contact our Houston F-1 & M Student Visas Attorneys today!

The United States of America provides open doors to the students from all around the world to:

  • come to this country as students;
  • attain degrees;
  • receive a high professional education in their fields of interest.

If you are interested in finding out more information about student visas, kindly contact us at the Law offices of Misbah Chaudhry. Our Houston Immigration Lawyers are extremely educated in all types of Visas, and want to help. Contact us today: 281 870 1300

K-1 Fiancè & K-3 Spouse Visas

What is a K-1 & K-3 Visa?

The fiancé K-1 nonimmigrant visa is for the foreign-citizen fiancé of a United States (U.S.) citizen. The K-1 visa permits the foreign-citizen fiancé to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival. The foreign-citizen will then apply for adjustment of status to a permanent resident (LPR) with the Department of Homeland Security's (DHS) U.S. Citizenship and Immigration Services (USCIS). The fiancé must meet some of the requirements of an immigrant, as a fiancé visa permits the holder to immigrate to the U.S. and marry a U.S. citizen shortly after arrival in the United States.

Eligible children of K-1 visa applicants receive K-2 visa status. U.S. citizen and the K-1 visa applicant must have been legally free to marry at the time the petition was filed and must have remained so thereafter. The marriage must be legally possible according to laws of the U.S. state in which the marriage will take place. As a general rule, the foreign-citizen fiancé and U.S. citizen sponsor must have met in person within the past two years, but USCIS may grant an exception to this requirement, based on extreme hardship for the U.S. citizen sponsor to personally meet the foreign-citizen fiancé, or otherwise, if it is not possible for the U.S. citizen sponsor's or foreign-citizen fiancé to meet before marriage, based on their culture.

What’s the difference between a K-1 and K-3 Visa?

The main difference between a K-1 visa and a K-3 has to do with when the marriage took place. Each of these visas has a one-time use. You are not able to go back and forth with either. When you have a K-1 visa, that means you will enter the United States, and marry within 90 days, and your new spouse can stay in the U.S. while applying for a green card. When a person has a K-3 visa that means that a marriage has already taken place, and so the marriage requirements of the K-1 visa are overruled and can be skipped.

Visa Fraud

Coming to the United States under a tourist visa with the intent of marriage is considered visa fraud. Often times, if there is any suspicion that a alien is coming to the U.S. to get married with only a tourist visa, they will not issue them the visa. If an alien has a fiancé living in the U.S., this can happen. Doing so will hinder a person’s chance at obtaining a K-1 or K-3 visa in the future.

Conditional Residence

If a couple has been married for less than 2 years when they have arrived in the U.S. on an immigrant visa or are approved for Adjustment of Status (a common term used to describe the process of change to an individual's immigration status to permanent) a person will be given a conditional green card that will expire after 2 years. Ninety days before the conditional green card expires, a person will have to apply to remove the conditions of the green card, and apply for a permanent one.

If your marriage is 2 years or older when you arrive in the U.S. on an immigrant visa, you will already be approved for an Adjustment of Status, and will receive a permanent green card. Though a person will be considered a permanent resident, the card expires after 10 years, and will be up for renewal.

Call our Houston Immigration Lawyers today!

If you are looking for more information about green cards, K-1 visas, K-3 visas, or the immigration process, please contact our Houston Immigration Attorneys today. Extremely knowledgeable, our team of K-1 and K-3 Visa Lawyers in Houston are here to simplify the immigration process for you and your loved ones. Call The Law Offices of Misbah Chaudhry now: 281 870 1300.

R-1 Religious Worker Visas

What is an R-1 Visa?

Persons with the religious knowledge who seek to enter the United States (U.S.) to work in a religious capacity on a temporary basis, should apply for the Religious ( R) Visa under provisions of U.S. law, specifically the Immigration and Nationality Act. Religious workers include persons:

  • authorized, by a recognized employing entity
  • conduct religious worship and perform other duties usually performed by authorized members of the clergy of that religion, and
  • workers engaging in a religious vocation or occupation.

R-1 Visa Requirements

Following are the requirements to fulfill in order to qualify for an R Visa:
  • The applicant must be a member of a religious denomination having a bona fide nonprofit religious organization in the U.S
  • The religious denomination and its affiliate, if applicable, are either exempt from taxation or qualifies for tax-exempt status; and
  • The applicant has been a member of the denomination for two years immediately preceding applying for religious worker status.
  • The applicant is planning to work as a minister of that denomination, or in a religious occupation or vocation for a bona fide, non-profit religious organization (or a tax-exempt affiliate of such an organization).
  • The R visa holder must intend to depart the U.S. at the end of their lawful status, absent specific indications or evidence to the contrary which contains that the applicant has resided and been physically present outside the U.S. for the immediate prior year, if he or she has previously spent five years in this category.

R-1 Visa Dependents

Family member of a R-1 Visa holder will have similar benefits. A persons spouse, or if they have any unmarried children under the age of 21 is allowed to accompany the principal applicant for the duration of stay.

R-1 Visa Duration

An R-1 Visa is issued for 3 years initially, but can be extended for more than 2 years – totaling a 5 year visit. After the five year period is up, a person must leave the United States for 1 year before they are able to apply for another R Visa.

Call a Houston Immigration Attorney Today!

If you or a loved one is interested in finding out more information about R-1 visas, or immigration, please do not hesitate to reach out to the Law Offices of Misbah Chaudhry for more information. Understanding what visa you will need, and meeting all of the regulations can be confusing for anyone. We will help to simplify the procedure for you, and help you understand all of your options. Call us today: 281 870 1300

L-1A & L-1B Intracompany Transfer

What are L-1A & L-1B Intracompany Transfers?

A U.S. employer can transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States under L-1 nonimmigrant classification. This classification also enables a foreign company which does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one.

L-1 Requirements

To qualify for L-1 classification in this category, the employer must:

  • Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and
  • Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary's stay in the United States as an L-1. While the business must be viable, there is no requirement that it be engaged in international trade
  • The employee have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and
  • Be seeking to enter the United States to render services in an executive or managerial capacity to a branch of the same employer or one of its qualifying organizations

Period of Stay

Employees that qualify and are entering the States to establish a new office are allowed a maximum of 1 year initially. Other qualified employees are allowed an initial stay of three years. All verified L-1 visa holders are able to request extensions that are granted in increments of up to two years additionally. The maximum limit of stay is seven years.

Executive and Managerial Capacity

The L visa classification may be attained under either Executive capacity or Managerial capacity. The differences between these capacities are as follows:

Executive capacity generally refers to the employee's ability to make decisions of wide latitude without much oversight.

Managerial capacity generally refers to the ability of the employee to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization. It may also refer to the employee's ability to manage an essential function of the organization at a high level, without direct supervision of others.

Call our Houston L-1 Visa Attorneys Now!

The Law Offices of Misbah Chaudhry is made up of a hardworking, educated team of supportive, kind people. We want the best for each of our clients, and work hard to help see dreams through. If you need more information on L-1 and L1B Visa, contact our Houston immigration office today for the help you deserve: 281 870 1300.

Entertainment and Extraordinary Ability Visas

These kinds of visas are commonly known as P and O visas. The O nonimmigrant classification is commonly referred to as:

  • O-1A applies to individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry)
  • O-1B applies to individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry

To qualify for an O-1 visa, the beneficiary must demonstrate extraordinary ability by sustained national or international acclaim and must be coming temporarily to the United States to continue work in the area of extraordinary ability. Extraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that the person is one of the small percentage who has risen to the very top of the field of endeavor. Extraordinary ability in the field of arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts. To qualify for an O-1 visa in the motion picture or television industry, the beneficiary must demonstrate extraordinary achievement evidenced as outstanding, notable or leading in the motion picture, or television field.

P visa classifications are as follows:

  • P-1 applies to individual or team athletes, or members of an entertainment group (P-1B) that are internationally recognized
  • P-2 applies to artists or entertainers who will perform under a reciprocal exchange program
  • P-3 applies to artists or entertainers who perform under a program that is culturally unique

The performers should qualify under culturally unique performances criteria, and should be re known in their field of performances as singers, musicians, dancers, and artists. Click here to read more.

T & U Victims of Trafficking and Crime Visas

What is a T Visa?

T visas are available to individuals who are victims of "a severe form of trafficking in persons." Severe forms of trafficking include:

  • Sex trafficking of persons under 18 years of age;
  • Recruiting or obtaining persons for labor or services through the use of force;
  • Fraud or coercion "for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery."

Almost all grounds of inadmissibility may be waived in these cases, and individuals granted T visas may adjust to LPR status three years after they are granted the T visa.

What is a U Visa?

U visa is available to immigrants who are either victims of, or who possess information concerning one of the following forms of criminal activity:

RapeTorture
TraffickingIncest
Sexual assaultAbusive sexual contact
Domestic violenceSexual exploitation
ProstitutionFemale genital mutilation
Hostage holdingPeonage
Involuntary servitudeSlave trade
KidnappingAbduction
Unlawful criminal restraintFalse imprisonment
BlackmailExtortion
ManslaughterMurder
Felonious assaultWitness tampering
Obstruction of justicePerjury
Or attempt, conspiracy, or solicitation to commit one of these offenses.

U Visa Requirements and Qualifications

A federal, state, or local official must certify that an investigation or prosecution would be harmed without the assistance of the immigrant or, in the case of a child, the immigrant's parent. Almost all grounds of inadmissibility may be waived in these cases, and individuals granted U visas may adjust to LPR status three years after they are granted the U visa.

To qualify, a trafficking victim must either be under 18 years old or obtain certification from the U.S. Dept. of Health and Human Services (HHS) that:

  • Willing to assist in every reasonable way in the investigation and prosecution of trafficking perpetrators (neither actual cooperation nor even the existence of an investigation is required; the victim must merely show willingness to cooperate); and
  • There is a bona fide application for a T visa that has not been denied (or she has been granted permission by the attorney general to stay in the U.S. to assist in a prosecution of traffickers)

Call a Houston Immigration Attorney to help obtain a T or U Visa today

Understanding the complexities of a T or U visa can be difficult for anyone. The Law Offices of Misbah Chaudhry’s Immigration Attorneys in Houston are here to help in any way we can, and are sensitive to your situation. We understand how stressful this process can be for you or a loved one, and offer the support, and legal information you need. Call us today for the help you warrant: 281 870 1300

Waivers

I-601 Waiver

I-601 waiver application of the ground of Inadmissibility is filed by the people who have been found ineligible for a visa under the Immigration and Nationality Act (INA). This application is filed along with the "evidence of extreme hardship", with the Consular Officer at the Embassy where the beneficiary of the petition applied for the visa.

Evidence of Extreme Hardship

Approval of a waiver application is based on the grounds that the denial of admission to the United States of the immigrant alien would result in extreme hardship to a qualifying relative. In general, a qualifying relative for the purpose of a waiver may be a spouse or parent who is a United States citizen or a lawful permanent resident.

Extreme hardship can be demonstrated in any aspects of the qualifying relative's life such as:

  • Health;
  • Financial Considerations;
  • Education;
  • Personal Considerations;

And other special factors such as:

  • Cultural, language,
  • religious,
  • and ethnic obstacles:
  • valid fears of persecution;
  • physical harm or injury;
  • social ostracism or stigma;
  • access to social institutions or structures.

Form I-212

Application for Permission to Reapply for Admission into the U.S. after Deportation or Removal applies to the individuals who have been deported or removed from the United States, or who departed the United States after the expiration of a voluntary departure order. This application is filed with the Consular Officer at the Embassy where the beneficiary of the petition applied for the visa. The applicant may attach a statement giving the facts that he/she believes USCIS should consider in making a decision on the application. The applicant may attach evidence in support of the statement.

I-601 waiver

I-601 application of the ground of Inadmissibility is filed by the people who have been found ineligible for a visa under the Immigration and Nationality Act (INA). This application is filed along with the "evidence of extreme hardship", with the Consular Officer at the Embassy where the beneficiary of the petition applied for the visa.

Call the Law Offices of Misbah Chaudhry to speak with a Houston Immigration Attorney

The Immigration Lawyers at the Law Offices of Misbah Chaudhry are dedicated to our waiver clients. We are here to help in any way we can – whether it’s through legal support, or sharing our knowledge of the waiver application procedure. Immigration is a complex process that can be extremely overwhelming. Please do not hesitate to call our offices to get in touch with one of our passionate, hard-working lawyers. Call now: 281 870 1300.

Consular Processing

An individual may be a beneficiary of a Family based Petition or an Employment based Petition. In case, he is a beneficiary of an approved immigrant petition and has an immigrant visa number immediately available may apply at a U.S. Department of State consulate abroad for an immigrant visa in order to come to the United States and be admitted as a permanent resident. This method is most commonly known as "Consular Processing"

Steps for Consular Processing

1) Determine your Basis to Immigrate

The first step of the consular processing is to determine what immigrant category fits your situation best. Most aliens receive a green card through a petition filed by a family member, but it’s imperative to understand what kind of visa is needed. Once you do so, the next step is to:

2) File the Petition

Below is a list of categories a request for a petition could be based on:

  • Family based
  • Employment based
  • Special Classes of Immigrants
  • Humanitarian Programs

3) Wait for a Decision on your Petition

Once the petition is processed, the USCIS (United Sates Citizenship and Immigration Services) will notify the petitioner of a decision. If approved, the beneficiary of the petition lives outside of the United States, the USCIS will send the approved petition to the Department of State’s National Visa Center (NVC). It will remain at the NVC until an immigrant visa number is available.

4) Wait for a Decision from the National Visa Center

The NVC will notify the beneficiary once the petition has been approved, and when the immigration visa number is available/ about to become available.

5) Go to your Appointment

Once the visa is available, the consular office will notify the applicant for an interview. The consular office will process the applicant’s case, and decide it the beneficiary is eligible for the visa.

The Visa Packet

Once you are approved, you will receive a packet called a “Visa Packet”. This packet is not for you to open, but will be opened by a Customs and Border Protection officer once you arrive in the United States. After the officer inspects you and you are cleared, you will be admitted, and will have all the authority your visa allows.

Call a Houston Consular Processing Lawyer today!

We assist our clients during their Consular processing, in the best possible manner to make it a pleasant experience for them. Whether it involves the initial documents submission with National Visa Center, or the final process involving United States Embassy or Consulate, we work along with our clients in submitting supporting documents, and communicating with the consulates to prevent any unnecessary delays or complications. Call the Houston Immigration Attorney’s at the Law Offices of Misbah Chaudhry today for the help you deserve: 281 870-1300