In the cases where DHS believes that you should be removed or deported from the United States, we can represent you in the following areas:
- Withholding of removal
- Voluntary departure
- Granting an application for lawful permanent residence
- Cancellation of removal
- Criminal immigration matters
- Motions to Reopen
If your petition or application is denied or revoked by the U.S. Citizenship and Immigration Services (USCIS), in most cases you may appeal that decision to a higher authority.
Use Form I-290B (Notice of Appeal to the Administrative Appeal Unit) to file your appeal.
Consular Processing / Waivers
USCIS forwards the approved immigrant petition to the National Visa Center (NVC), which is part of the State Department. When an immigrant visa number becomes available, the NVC will send a barcode sheet to the applicant, which must then be returned to the NVC with the appropriate fees (one check or money order per family member). Once payment has been received, the NVC will send form DS-230 Part I to the applicant for completion. Once that form has been returned to the NVC, the NVC will send form DS-230 Part II along with a list of documents that should be brought to the consular appointment in the country of designation. Further, the NVC will send all case materials along with the approval notice to the consulate designated. Once the consulate has received the materials a letter will be sent verifying that the NVC has sent the case on to the consulate with a reference number on the verification. The consulate will then send a letter for an interview appointment and depending on the consulate this can be a very long wait or a very short period of time. It is best to have an experienced practitioner assist during this process so that unnecessary delays are not encountered.
Applicants will have to submit an Affidavit of Support (Form I-864) along with their complete federal tax returns.
The address for the NVC is: National Visa Center 32 Rochester Avenue, Portsmouth, New Hampshire 03801-2909.
All correspondence with the NVC for a particular case should include the applicants case number in the upper right hand corner.
If the application is approved, the person will be issued an immigrant visa, which is good for only six months. If the person does not enter the US within that period of time, the visa will expire and the opportunity to immigrate will be lost.If the application is denied, the principle consular officer at the post reviews it. If the officer desires, he can get a second opinion from the State Department. However, if, after this point, the denial is upheld, there is no appeal available to the applicant.