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Consulate Related Questions

The consulate usually refers to both the office of the consul as well as the building in which the consul’s staff work. The consulate is generally the ancillary representation in a foreign country, after the state’s main representation in that particular foreign country. The first overseas consulate established by the United States was the U.S. consulate in Liverpool, established in 1790. It was a main center for transatlantic commerce and was a key trading partner.

Below are some of the top questions answered by Experts related to consulates.

For an interview at the consulate for Form I-130, what should stepchildren bring?

Stepchildren need to bring their passports and originals of all the photocopies sent with Form I-130, along with an affidavit of consent from the father. Since it is a family unity visa, they should also bring any proof of the stepfather mailing gifts to the children to confirm he has established and maintained a long distance family relationship.

We are scheduled for an interview with the U.S. Consulate in Montreal as we are close to completion of our application for a Green Card. As Canadian Citizens, are we allowed to take a short trip to the U.S. before being granted Permanent Resident status, after we have our interviews and the medical exams?

There is no law that says you cannot visit while in the process of acquiring a Green Card. However, the officer may or may not allow you in at the entry port. You are in the process of immigrating here, so it is possible a visit may, in the eyes of some officers, conflict with your stated intent to live here. There is no guarantee of how the officer will see your trip. Therefore, it may be wise to wait for the Green Card.

The consulate-general has kept my to-be partner’s Ukrainian passport for about six months already. Initially, we were informed that the visa is approved but later we were told someone told the Consulate my partner is already in the U.S. and has a driver’s license. Do we have the right to ask who told them this?

It’s your right to ask but it’s also their right to withhold this information from you, and they probably will. Your partner’s passport will be held until the consulate finishes deciding the case. If your partner withdraws the visa application this will close the case and will force the consulate to return the passport. You are at the consulate’s mercy when you apply at the consulate, hence you must wait patiently or withdraw the application.

My children were born abroad, and I am registering them as U.S. citizens. What does the U.S. Consulate mean by “legal relationship”? I am named as the father on their birth certificates but their mother and I wedded some years after their births.

To register your foreign-born children, you should start with a birth certificate showing your name as the parent. You can also use the marriage certificate that shows the proof of relationship between you and the child or children’s other parent. If there are any questions about paternity and additional evidence is requested, a DNA test may be required. For more information please follow the link below:
http://travel.state.gov/law/info/overseas/overseas_703.html

The U.S. Consulate officer in Guangzhou has refused a visa for my Chinese fiancé, saying “You have not proved a genuine relationship”. Does a U.S. court have any jurisdiction over foreign consulates?

Getting Lawful Permanent Resident status in the U.S. is not a right, it is a discretionary benefit. One of the U.S. Consular Officer’s jobs is to maintain the borders of the U.S. and uphold the laws of the country, so the officers need to determine whether they think someone is trying to defraud the immigration system with a fraudulent marriage. Your marriage may be true, but the officer is allowed to ask these questions and decide whether they think your relationship and marriage is true, as well as whether they think your fiancé’s motives are honorable.

In a case like this, you may want to marry in China and then file the paperwork for a K-3 visa. Your case may have more weight if your partner is the wife of a U.S. citizen rather than the fiancé. Though the primary role of the consulate is promoting trade, the consulate is also involved in the issuing of passports and visas. If you are confused about the role of the consulate or how to navigate your way through a particular interaction with your country’s consulate, you may wish to clarify your doubts by asking an immigration lawyer.
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Recent Consulate Questions

  • My Husband is on H1B and I was in H4 visa (valid till Apr 2015).

    My Husband is on H1B and I was in H4 visa (valid till Apr 2015). In 2013, I had got an approved H1B and I was eligible to work in US from Oct 2013. But due to some personal issues, I filed COS for H1B to H4 visa on Dec 4, 2013. After this, my H1B petitioner had also revoked my H1B. On March 2014, due to some family emergency and casualty, I had to depart from US, though the COS case was in process. Now, on July 2014, my COS (H1B to H4) got denied as I have departed US while my case was pending. Now I am in my home country and want to enter US ASAP. Do I need to file a New H4 visa and get stamped from US Consulate? What are the options I have to enter US to live with my husband?
  • Hello. We are a family of four. We did our I-485, based on

    Hello.
    We are a family of four. We did our I-485, based on an employment visa, with venezuelan passports but we have an italian passport too. We already have the green cards. We don't want to travel to Venezuela because is a dangerous country and we don't wanna put in risk our daughters life due the delinquency and violence that in this moment occurs in Venezuela. Our consulate in United States cannot extend or renew the kid passport anymore. My question is can i travel with my italian passport or only with the venezuelan? when we get able to apply to be american citizens, can we apply with the italian passport? or they accept a passport even if its expired?
    Thank you
  • I am currently on L1A which was converted from L1B back in

    I am currently on L1A which was converted from L1B back in April 2014 which will be valid until Dec 2015.
    My Labor (PERM) will be filed around October 2014 in EB2 Category.
    I applied for H1b as well this year which was picked up in Lottery but is approved as Consular Processing To be Valid upto April 2015 (I will complete my 6 years in U.S. then).
    My Lawyer told me that in order to be eligible for Unlimited AC 21 Extension on my H1B after my I-140 is approved a candidate needs to hold the H1B atleast for a Day.
    So, I need to convert myself to H1B Status & after that I need to convert myself back to L1A Status (As the L1A Visa is available for a longer duration- Dec 2015).
    Also, I am Planning to visit my Home Country India during the Month of November for Social reasons.
    So, Which one is the least risky option for me (By Risk I mean chances of denial for anything) and why:
    1) Going to India in the Month of November after my labor is Filed. Get the Stamping done on my H1B & coming back to US on H1B. Then in U.S. applying for a Change of status back to L1A to USCIS. Then wait for my I140 to get approved & get AC21 extensions on H1B.
    a) If I select this option then Please let me know if I should still select this option if my Labor is not filed by then.
    b) If the DOL employee in the Consulate asks me why do I want to switch to an H1B which is only valid till April 2015 from my L1A is valid till Dec 2015. What should be the best answer.
    2) Second option is Staying here in U.S. on L1A & apply for Adjustment of Status to H1B in Premium to USCIS after October. Getting it approved and then Applying a COS back to L1A with USCIS. After that is approved I will visit India for Family reasons & get my L1A stamped & get back to U.S. wait for my I-140 to be approved and then apply for H1B AC21 Extension.
    My Lawyer has reservations about this option because she thinks such frequent applications to USCIS may flag my Case & also the processing times involved if there is an RFE might screw things up. Please let me know Which of the above is teh least risky option. Also, please let me know the plan of my Social Visit to India is too risky or not if we choose the second option. Also, I suspect that I got Counsellor Processing on my H1B only because I applied for an COS to H1b from L1A which was not approved by then. So, my COS to H1b from L1A was applied based on a pending application from COS to L1A from L1B which was approved later on April 2014.
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