First Time Entry with An Immigrant Visa

Whether you are pursuing a marriage based green card, immigrating for your work, or being sponsored by a family member, obtaining a visa to enter the United States can be a time-consuming, stressful, and frustrating process. Every step of the way...
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Adjust Your Status or Depart for Consular Processing? The Pros and Cons

There are several advantages and disadvantages to the process of Adjusting your Status from within the United States or going through Consular Processing from abroad after deciding to depart the country. Here we break down the pros and cons of each process and provide some tips for completing either option. If you must file an I-140 before making a decision to adjust your status or depart for abroad consular processing, make sure to select the consular processing option in Part 4 Question 1 of Form I-140. This will allow for both options to remain available to you as it is much easier to switch to Adjustment of Status after selecting Consular Processing than it is to change to Consular Processing after selecting Adjustment of Status. If you decide Adjustment of Status … Make sure the forms are carefully drafted with the correct filing fees and supporting documentation. Be aware that processing delays may still occur. Employment-based Adjustment of Status, unlike most family-based cases, is less likely to require an interview.  Adjustment of Status – Advantages Adjustment of Status – Disadvantages  • Predictability of timing and  government communication • Increased access to manage any problems • AC-21 portability (ability to change […]
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Administrative Processing "Waiting Game" Can Lead to Frustration

Applying for a visa or green card at U.S. Consular posts can sometimes prove to be a long waiting process, especially when you hear the adjudicating officer say, “Your case needs further administrative processing.”  The Administrative Processing process is a key tool in ensuring careful consideration and screening of individuals admitted legally to the United States.  However, hearing these two words can often bring about frustration for clients and attorneys alike. The reason for this additional processing is never disclosed.  In fact,  the Foreign Affairs Manual at 9 FAM Appendix E, 404 states that Consular Posts should NOT inform interested persons, including attorneys, the specific reason for the administrative processing.  Therefore, even if you are being represented, your attorney cannot find out the specific reason for this delay.  Another frustration inherent in administrative processing is that the time-frame when a decision will be made is always uncertain.  While the adjudicating officer may say that this additional processing will be resolved in 60 days and while this is often the case, the timetable is indefinite and the process provides little remedy other than patience. At Berardi Immigration Law we understand the “waiting game” is extremely difficult.  Therefore, we would like to […]
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Administrative Processing “Waiting Game” Can Lead to Frustration

Applying for a visa or green card at U.S. Consular posts can sometimes prove to be a long waiting process, especially when you hear the adjudicating officer say, “Your case needs further administrative processing.”  The Administrative Processing process is a key tool in ensuring careful consideration and screening of individuals admitted legally to the United States.  However, hearing these two words can often bring about frustration for clients and attorneys alike. The reason for this additional processing is never disclosed.  In fact,  the Foreign Affairs Manual at 9 FAM Appendix E, 404 states that Consular Posts should NOT inform interested persons, including attorneys, the specific reason for the administrative processing.  Therefore, even if you are being represented, your attorney cannot find out the specific reason for this delay.  Another frustration inherent in administrative processing is that the time-frame when a decision will be made is always uncertain.  While the adjudicating officer may say that this additional processing will be resolved in 60 days and while this is often the case, the timetable is indefinite and the process provides little remedy other than patience. At Berardi Immigration Law we understand the “waiting game” is extremely difficult.  Therefore, we would like to […]
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