What is consular processing?
The Immigration and Nationality Act (INA) offers an individual two primary paths to permanent resident status (a green card). An individual who is the 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.
Regarding direct consular filing of I-130's, under what exigent circumstances does the Consulate accept jurisdiction of I-130 Immediate Relative Petitions for consular review?
My I-140 was filed in February 2004. The National Visa Centre, in its letter dated 24th June 2010, informed that they had completed processing of my petition seeking immigration to the USA and had forwarded it to the American Embassy/Consulate at New Delhi.
My wife recently had her interview on June 6. the process was pain free except for one minor issue. she had become canadian citizen few days before and didnt have her canadian passport on her at the time of interview. Verbally the visa was approved but on the sheet handed to us, it said visa rejected due to Canadian Passport. We mailed the passport to the consulate the very next day and it was received by the consulate the next day. We are still awaiting a reply from the consulate and have been unable to contact the consulate via phone/email.
Hi, I would like to share my experience of our interview in US consular in Montreal. Our appointment was schedule on June 20th 2011 at 8h30am. We arrived at the US consular at 8h00am and we got our interview only at 11h00am as there was a lot of peoples waiting in front of us. The interview went well. The typical questions are: How long have you been working? When did you apply for the visa? Confirmed the country of birth? How long have you been leaving in Canada? Confirmed your current address?
CP interview in Delhi (India) - tips and recommendations
went for my CP interview in Delhi and am writing my recommendations here. These were written for Delhi specifically, but general principles are same for all places. Add ur suggestions to make it complete.
going for CP interview involves:
1. Pre-travel arrangements
2. travel from US to India
3. Pre-interview work (on landing in India)
5. Post interview/travel back to US/port of entry
1. Pre-travel arrangements:
Question 1. I have done MS from US and worked on H-1 for 5 years. Started GC process, I-140 approved with Priority date May 2011. Came to India for H-1 stamping and it was denied twice. If I apply for my H-1 and if I don't get H-1, then can my employer continue processing my GC through Consular Processing when I am in India. Also is there any law stating that my employer can not keep the I-140 when my H-1 has been expired & if it so then for how long can my employer keep my I-140 active? Question 2. If my employer revoke my I-140 & if I come to US on any other visa, then Can I process my GC and port the PD ?
Answer 1. As long as the job offer exists and the employer is capable of paying the wages, the green card process can go on, even though you are not in USA. You should discuss this matter in detail with your lawyers to better understand the implications. Also, I-140's do not expire.
Answer 2. PD can be ported even if the 140 is revoked by employer. I have a video on this issue