Your Immigration Lawyer Helped You Get Your Family Based Green Card Approved at a US Consulate in Europe. Now What?

After a petitioner’s application is approved at the consular level, there are still a few procedural hurdles that must be cleared before entry into the country is secure.  The lawyers at Sethi & Mazaheri generally consider representation over when the client has entered the United States safely and without issue.  Whether filing on your own, or using an immigration lawyer, it is important to understand the requirements for entry in order to leave Europe and enter the US expeditiously.

Post-Interview

After you have had notice of your visa approval, an immigration officer will tell you when and how your passport and visa will be returned back to you.  When your passport is returned, the immigrant visa will be located on a page within the passport.  Please note, if there are errors, you or your attorney should promptly notify the consulate or embassy in order to correct the error and not cause delay for your entry into the US.

Also, you will receive a sealed Immigrant Packet along with your passport and visa.  This must be presented to U.S. Customs and Border Protection at a port-of-entry.  If you are coming from Europe, your port-of-entry is most likely an airport. Do not open your sealed packet.

At What Point Should You Travel To The US

You are required to arrive for admission into United States by the expiration date on your visa.  Generally, an immigrant visa is valid for up to six months from the date it was issued.  However, if your medical examination expires sooner, then you may need to enter in less than six months.

The USCIS Immigrant Fee

After you receive your immigrant visa,the USCIS Immigrant Fee must be paid to USCIS.  Also, this fee must be paid before your entry into the US. Please note that an approved visa does not guarantee entry into the US.  You will be inspected by officials from the Department of Homeland Security and/or U.S. Customs and Border Protection (CBP) upon entry into the country.  These officials have authority to approve or deny admission.  If you think you have inadmissibility issues, it is generally a good idea to discuss these with an immigration lawyer prior to entry.

Applying For Deferred Action While in a Deportation Proceeding: A Perspective From an Immigration Lawyer Practicing in New York City (NYC)

Many of our clients in New York City who are in removal proceedings do not qualify for the principal forms of relief, such as cancellation of removal or asylum.  However, since being implemented, Deferred Action (or DACA) has increasingly been used as an alternative tool for immigration lawyers practicing in NYC to terminate their clients’ deportation proceedings.  While I will not go into the specific qualifications under the Act in this article, here are some frequently asked questions from clients who are considering applying for DACA while in removal:

(1) Will DACA give me legal status? In short, no.  DACA authorizes an individual to stay in the United States on a temporary basis; it cannot be used as a path to permanent residency.  However, one who has DACA will be considered an individual residing in the United States legally for the duration of that individual’s DACA status. 

(2) Does DACA allow me to work? Yes. DACA does allow one to apply for an employment authorization document.  If granted, the work authorization is valid for the time that one has Deferred Action. 

(3) How long does DACA last? DACA is valid for only two years, though one can apply for a renewal towards the end of each period.

(4) Can I apply for DACA if I have a removal order? Yes. If you are currently in removal proceedings, if you have an order of removal, or if you have accepted voluntary departure, you still can apply for DACA.

(5) Do I have to be 15 years year old to apply for DACA? Normally, if you are not in removal you must be at least 15 years old to apply for DACA.  If you are in removal proceedings, if you have an order of removal, or if you have accepted voluntary departure, you still can apply for DACA if you are under 15. 

If you are in deportation proceedings in NYC or in the tri-state area, it is helpful to consult with an immigration lawyer to understand what relief may be available to you.  This particularly applies to DACA, which is a relatively new act.