Applying for Nonimmigrant and Immigrant Visas at U.S. Embassies and U.S Consulates

Most foreign nationals must apply for a nonimmigrant visa before seeking to enter the United States as a nonimmigrant.  Citizens of Canada and Bermuda are exempt from the nonimmigrant visa requirement for most but not all classifications of nonimmigrant visas.  Citizens of visa waivers countries can enter the United States without visas in B-1 visitor for business status or B-2 visitor for pleasure status if they meet all the requirements of the Visa Waiver Program, are authorized under the Electronic System for Travel Authorization (“ESTA”) and want to remain in the United States for no more than 90 days.  Most intending immigrants who are outside the United States and some foreign nationals in the United States who want to become lawful permanent residents (“LPRs”) but not are eligible to apply for adjustment of status within the United States must apply for and obtain an immigrant visa prior to entering the United States for the first time as a LPR.  Due to the complexity of U.S. immigration laws, applying for a nonimmigrant visa or an immigrant visas requires the completion of lengthy online applications which ask many questions about the visa applicant and his or her family.  Applicants for immigrant visas submit their applications and substantial portions of their documentation through the National Visa Center (“NVC”) in Portsmouth, New Hampshire.  The information provided on visa applications and other information available to U.S. Embassies and U.S. Consulates are often used to determine prior to a visa interview whether an applicant will be denied a visa.  No visas are issued without the results of a biometrics check.  Challenging a visa denial or obtaining a future visa once a visa has been denied can be quite difficult.  As a result, it is important for applicants for nonimmigrant and immigrant visas to consult with an experienced attorney before submitting an application for a nonimmigrant or immigrant visa to a U.S. Embassy or Consulate.  It is particularly important that a foreign national in the United States who is considering departing the United States to attend an immigrant or nonimmigrant visa interview at a U.S. Embassy or U.S. Consulate consult with an experienced attorney before departing the United States to confirm their eligibility for the visa and the risks of departing the United States.

HSPRD attorneys are experienced in assisting nonimmigrant and immigrant applicants apply for visas through U.S. Embassies or U.S. Consulates.  To schedule a consultation with HSPRD attorneys with regard to a visa application, please contact our Firm at 312-239-7676.