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Visa Consular Processing: Dire Consequences With Catastrophic Results And How Can One Overcome This?by Mitch Berenson and Charlene AvisDo you need to have your visa status updated in your passport? Have you disclosed all the relevant information to your immigration attorney? Absolutely everything? Have you had any previous convictions or scrapes with the law in the US or abroad? Obtaining a visa stamp to reflect your current immigration status requires you to present yourself for an interview, together with all your supporting documentation, to an American Consulate abroad. Please note: this is usually only required if you want to travel abroad. If, during this interview, you have not disclosed any arrests, convictions or detentions for any offenses anywhere in the world, to your attorney, and a "hit" appears on the computer system, hazardous results will occur with dire consequences. These offenses or convictions include anything from jaywalking to shoplifting, arrests (even if the case was subsequently dismissed), detention, Driving Under the Influence, being charged with possession of firearms on federal property, drug related offenses, assault, public indecency and domestic violence (this list is not all-inclusive). Should a "hit" appear on the computer system, you would have to have your fingerprints taken at the Consulate. Until the Consulate has received a report from the FBI, they will not exercise favorable discretion to grant you a visa, resulting in the fact that you will have to remain outside of the US until this issue has been re-addressed. In addition, the port of entry will likewise probably not exercise its discretion to grant you deferred inspection or a waiver until the FBI reports have come back. Accordingly, any business, employment and personal obligations will be held in abeyance until or at least you are able to return to the US. It is imperative that you remember that the Consulate has the authority to reject your application, whether the offense was committed in the US or abroad. You also need to be aware of the fact that you could also be interrogated by the Consulate and/or immigration authorities at the port of entry and then be sent back to your home country and be forced to re-apply from there. The Consulate will have entered this information into your file. Any information entered into the computer is available at any other US Consulate abroad. So, what could be done to prevent this scenario? Advise your attorney of the offense while being "prepped" for the interview. In addition, provide your attorney with certified copies of the court records and final disposition, so that a legal brief can be prepared in advance. This can assist in avoiding frustration, aggravation and expedited removals or any other dire consequences. Should you wish to travel internationally, and have already secured your Green Card or visa, you still need to advise your attorney of any offenses or convictions whatsoever, as upon re-entry into the US, you could be questioned by Immigration. The offense and/or conviction may be on the computer and this could lead to a potentially hazardous situation. You could be regarded as ineligible for entry and be sent back to your home country.
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