NVC is responsible for processing and approving all visa petitions, keeping them until the cases are ready to be considered and denied or approved by a consular officer who is abroad. This can take anywhere from a couple of months to years, depending on your country of origin, circumstances, and the visa category.
Our Los Angeles immigration attorneys at the Law Offices of Elsa Martinez, PLC understand that it can be frustrating to wait, especially if you are separated from your family. We are here to help you understand what occurs in consular processing and keep you informed on the status of your petition.
After your immigrant visa petition has been approved by USCIS, it is then forwarded to the National Visa Center (NVC) to be processed and ultimately transferred abroad. It is up to these consular officers and NVC to make determinations based on the information in your petition. NVC receives an incredible amount of petitions and inquiries on a daily basis, making it difficult to look at each one with the level of individual care it may deserve. Our firm can help ensure that the information you provide is accurate, giving you the best chance of success.
In 2013, the U.S. Citizenship and Immigration Services (USCIS) expanded the manner in which individuals who were out of status in the U.S. can secure a provisional approval for their unlawful presence bar, prior to departing the U.S. It was initially determined that only spouses of U.S. citizens could apply for this benefit. However, as of August 1, 2016, all family and employment based beneficiaries can seek the same benefit. The purpose of this benefit is to alleviate long period of separation from a loved one, while the department adjudicates these waivers. Individuals are subjecting themselves to background checks while in the U.S. and also will await their response while still residing with their family prior to having to depart the U.S. for a final interview and approval.
If this is your case, you may need help from a Los Angeles immigration attorney to obtain a provisional unlawful presence waiver. These waivers cannot be appealed if denied, don’t waste your time and money with individuals who are inexperienced, or worse, not licensed to practice law.
Contact us now at (213) 985-4550 for more information on how we can help you obtain a waiver prior to departing the U.S.