November 25, 2024

What to Expect During a Consular Process Interview

Returning to your home country after living in the United States for many years can be challenging. It’s normal to fear not being able to return to the U.S., but there’s no need to be afraid.

Applicants attending interviews abroad after entering the U.S. undocumented should have applied for and received approval of an Unlawful Presence Waiver before departing for their home country.

Unlawful Presence Waivers are now approved in the U.S., meaning the waiting period occurs stateside. The average time spent outside the U.S. for a consular interview is around two weeks, so plan accordingly.

Pre-Interview Steps

After receiving an interview date from the National Visa Center, you should schedule a biometrics appointment. Typically, this appointment happens the day before the actual interview. In some countries, such as Honduras, the biometrics appointment or “pre-check interview” occurs days to weeks before the interview. For more details, check our blog.

Most countries require two appointments: one for biometrics and one for the interview. Biometrics appointments verify a person’s identity, produce secure documents, and facilitate necessary criminal and national security background checks. For the biometrics appointment, bring your appointment confirmation letter and a current passport.

The Consular Interview

Consular interviews are necessary for applicants who wish to become U.S. Residents. Depending on the case, applicants must prove their relationship to petitioners, lack a criminal record, and provide affidavits of support (sponsor documents). For more information on Form I-864, Affidavit of Support, visit our blog.

Applicants are often asked about their immigration history, including past entries or detentions, as the immigration officer’s job is to ensure eligibility for immigration relief. If seeking a benefit through marriage, applicants may be questioned about the authenticity of their relationship with the petitioner.

Denials

Several factors can lead to a denial of benefits. Most denials occur because applicants lied or omitted important information. Multiple illegal entries into the U.S. can result in a permanent bar from entry, requiring a 10-year stay outside the country regardless of marital status to a U.S. citizen or sponsorship by U.S. citizen parents.

A criminal record can also lead to denial. Crimes of moral turpitude, such as murder, rape, or drug-related offenses, can prevent someone from becoming a U.S. legal permanent resident. Marijuana use can also impact your chances; blood tests are required, and any indication of drug use could affect or reject your case.

Returning to the United States

After a successful interview, passports are collected to process the visa. The processing time for visa issuance is approximately seven business days. During this period, applicants must stay outside the U.S. until they are notified that their visa and passports are ready for pick-up.

If you want to know if you qualify for Consular Process or other immigration relief, please contact Attorney Diana Bailey’s office at 503-224-0950. We have a high rate of success with the i601a provisional unlawful presence waiver.