Video instructions and help with filling out and completing When Form 2220 Admin

Instructions and Help about When Form 2220 Admin

Hello and welcome back to immigration news and views my name is David Nachman and I'm one of the managing attorneys at the madman Fulani Zemo check npc law group also known as visa serve law firm with offices in New York New Jersey we also have an affiliated office in Canada and in Mumbai India so today I want to talk to you a little bit about what's called consular processing and consular processing is an additional service that our office provides individuals who are seeking to obtain a visa stamping at the u.s. consulate office abroad so what many people have to understand is that while it's true the u.s. department of homeland security in the united states is responsible for the visa process once that visa has been approved in the United States it oftentimes then is sent abroad to the u.s. consulate office that's under a different administrative agency it's called the u.s. Department of State the US Department of State Bureau of Consular Affairs has offices outside the United States in various countries in which they administer the visa process so it's called the visa office and what individuals do sometimes you can make an application directly to the US consulate abroad and that's an online process in most countries where what you do is you fill out a ds-160 form and then you make an application for let's say a visitor's visa so that's a consular processing procedure but then oftentimes you have a process where you apply in the United States you do a petition in the United States once that petition is approved by the US Department of Homeland Security it then gets sent abroad to the u.s. consular office abroad where the individuals can go and process for their visa stampings which they then can use to enter the United States by showing it to a Customs and Border Protection officer who is also under the US Department of Homeland Security and then they will get a period of stay which will be given in their passports usually it's a stamping now under the new electronic I nine I'm 94 rules and then you can go online and print out that i-94 so what I want to talk about again is I want to go back to the consular process of the consular procedure for you and I want to talk a little bit about why cases might get held up at the u.s. consulate abroad and we're familiar with these cases because this is oftentimes where clients or potential clients would initiate a communication to our office and explain that their case may be under administrative processing now what happens is when an individual after they filled out a ds-160 form if they're not exempt from the interview they might go to an interview with the US consulate and the u.s. consular officer will either grant the visa and stamp the visa in the passport and return the passport to the individual or what they may do is they may not grab the visa in which case they can either outright deny it or what they can do is they can hold it for what we call administrative processing now if you get denials denials may take several forms usually they are to 14b denials of 214 B deny all means and let's say you're processing for a non-immigrant visa and you don't have the appropriate demonstration of non-immigrant intent under Section 214 B of the Immigration and Nationality Act but another reason why a case may be denied although it may not be an outright denial is under 221 G in which case there may be a request for additional more or additional documentation that needs to be provided to the US consulate and what the US consulate is supposed to do is to provide you in writing with an explanation of the reason why the case may be held now oftentimes cases are held for other reasons for example there is something called the technical alert list so if an individual is making an application at the US consulate abroad is subject to what's called the technical alert list then the case may be held for determining whether or not that person's skill set is listed on what's called the technical alert also the US Bureau of Consular Affairs has other types of reasons why administrative processing might occur for example there's something called a visa donkey a visa mantis or these Eagle and these require additional background security checks of the individual so oftentimes we won't even know what the reason is as to why a case has been put under administrative processing but that's something where we as the immigration lawyers can reach out through various channels that are available to us and what we're able to do is try to ascertain for our clients and for their organizations if an organization is petitioning what the reasoning is behind this administrative processing and of course we're also able to do is try to give the US consular officer the appropriate information in the timely manner so that they can overcome these potential objections so what we're going to do is in the future we'll have additional videos that drill down more on these other types of reasons why we might encounter resistance to having visas approved that the US consulate offices abroad but at this point in time we just want to provide you with some general information as to why this might occur if you your friends or your family may need any assistance with regard to consular processing or with regard to potential denials that you receive at the US consulate offices abroad please feel free to give us a call our telephone number is on the next slide thank you very much for your time and we look forward to bringing you additional helpful information by now