New requirements for Immigration Photographs
The USCIS will now accept standard passport photographs where the subject is facing the camera. Applicants who submitted applications before 01 September 2004 will not need to make any changes, but new applicants will have to comply with the changed regulations. All photos must be identical.

Will the Applicant Have to Appear for an Interview?
Usually the interview is waived for most applicants. If the applicant is called for an interview, it will be a formality. It is advisable to have a lawyer accompany the applicant. The reason for the interview is to clarify any changes or corrections and to verify that all documents are correct. The applicant may be asked to bring documents that were missing or incorrect. Additionally, the applicant may be asked for tax records and pay stubs.

If the interview is waived (or if it is completed and the applicant meets all requirements) he/she will receive an approval letter from the USCIS. The applicant must go to the local USCIS service center with his/her passport and all I-94 and EAD cards. A temporary green card stamp (I-551) will be placed on the applicant?s passport. This is an interim green card in case the applicant needs to travel out of the US. Within a few months, the green card will arrive in the mail - it is not green in color and looks more like a driver's license or a credit card.

CONSULAR PROCESSING

Consular processing (CP) is equivalent to I-485/Adjustment of Status process except the difference is that I-485 can be filed only if the applicant is physically present in USA. Consular processing is an interview process which an applicant can take at a U.S consulate overseas. In order to apply for the consular processing, the applicant's I-140 must be approved and the visa number (priority date) should be current. The applicant can apply for consular processing if he/she is:

1. Outside the United States; or
2. Lives in the United States but prefer processing at a US consulate abroad for convenience.

Steps Involved in Consular Processing
The following steps are involved in Consular Processing:

The applicant can indicate that he/she will opt for consular processing at the time of filing the I-40 petition (If the applicant specified that he/she will apply for Adjustment of Status at the time of filing the I-40 and decide to go for consular processing instead, he/she must file Form I-824 with the USCIS. This is to request consular processing and there is a filing fee of $195 payable by check or money order).

The USCIS will forward the information about I-40 approval to the National Visa Center (NVC). The NVC will send an Instruction Package for Immigrant Visa Applicants (Packet 3) to the applicant when his/her visa number becomes available. The applicant and his/her family complete the forms in the package and return it to NVC; NVC will process the forms; NVC will then inform the State Department Visa Office once the processing is completed and request them to allot a visa number to the applicant and his/her family; the NVC will schedule an Immigrant Visa processing appointment for interview that the applicant and his/her family must attend. This will be at the US Consulate that issues the Immigrant Visa. If there is no problem, the applicant and his/her family will be issued Immigrant Visas.

Documents Required for Consular Processing
The following documents may be required for consular processing:

• Approved I-40 petition.
• The receipt notice for Form I-824 (only if indicating to apply for consular processing at first) or the approved notice for Form I-824 (only if later requesting consular processing).
• Evidence that last residence was in the host country of the post.
• Form DS-230: Application for Immigrant Visa and Alien Registration Part I (Biographic Information) and Part II (Sworn Statement).
• Birth Certificates: One certified copy for each person named in the application.
• Police Clearance Certificate: Each applicant named in the application must have a certificate from the appropriate police authority stating whatever their records show about that applicant. This certificate must cover the entire period of the applicant?s stay in any area.
• Court and Prison Records (if applicable).
• Updated job offer letter from applicant's employer.
• Medical Report: All applicants must pass a medical examination from one of the approved panel physicians.
• Passport: All applicants' passports must be valid for at least six months beyond the visa issue date. Minor children should have their own passports.
• Proof of Relationship with spouse and children: This may include marriage certificate (along with proof of termination of previous marriage, if applicable), birth certificates etc.
• Photographs: Visa photographs must meet the new requirements.

Call Smith and Garg today at 281.210.0010 or complete our Contact Form and let us assist you with your immigration needs.