Immigration Attorney in Fort Myers & Surrounding Areas
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Consular Processing Attorney in Fort Myers

Apply for a Green Card Abroad

Depending on the circumstances, some individuals hoping to apply for a green card must do so through a process calling consular processing. Consular processing is the procedure of applying for a green card through a consulate in a foreign country.

U.S. immigration law is complex, so it is in your best interest to consult with an experienced and trusted Fort Myers immigration lawyer before making any immigration-related decisions. Hurtado Immigration Law Firm is here to walk you through every step and advise you of the option that may be best suited for your situation.

Contact us online or call us at (239) 800-0580 to get started.

Adjustment of Status vs. Consular Processing

After you have an approved family petition and there is a visa number available, the next step is determining whether the beneficiary of the approved petition can adjust status in the United States, or if the beneficiary will have to process the immigrant visa through the U.S. consulate outside of the United States.

Some Beneficiaries Must Consular Process

Intending immigrants who are already overseas are expected to consular process. Some beneficiaries have attempted to enter the U.S. on the Visa Waiver Program, or using a tourist visa, thinking that they will then be able to adjust status. However, VWP entrants are (with only a few exceptions) prohibited from applying to adjust status. Using a tourist visa with the intent of entering the U.S. in order to apply for a green card is considered visa fraud and may make you ineligible for the green card or for any other visa or U.S. entry.

Beneficiaries who are already in the U.S. but do not have a valid admission in the U.S. will likely be required to exit the country and complete their visa process through a U.S. consular post (exception exists for those who submitted their approvable petition before April 30, 2001 and fall under INA 245(i)). Upon exiting, these intending immigrants may trigger a bar from returning to the U.S. (up to 10 years). This would require a waiver to be filed. There are waivers available and depending on the specifics of each case, they may be filed stateside or must be filed from outside the United States.

Talk to Our Fort Myers Immigration Lawyer

You do not want to leave the U.S. without fully consulting with an experienced attorney to inform you of all the risks and possibilities that can happen at the U.S. consular post. Hurtado Immigration Law Firm can advise you as to whether you can adjust status or must process through a U.S. consulate.

Call us at (239) 800-0580 to get started on your case with a consultation.

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Client Testimonials
  • Pablo was involved and attentive with our case and Alejandra was constantly reassuring!

    “Best experience by far with Pablo Hurtado and his staff. Alejandra is God-sent, always available by phone, text or email. Pablo was involved and attentive with our case and Alejandra was constantly ...”

    - Nancy
  • What an amazing experience from beginning to end.

    “What an amazing experience from beginning to end. This firm has handled our K1 Visa process like no other and made everything easy with lots of love, care and attention to detail. Highly recommend!!!!”

    - Irma R.
  • They have a lot of experience with immigrant visas and diligent employees.

    “This firm did a great job helping me through the process of my E2 visa. They have a lot of experience with immigrant visas and diligent employees. The service was very professional and the process is ...”

    - Carlos
  • They really cared and fought for me. Charges were dropped and now I am ready to pursue immigration benefits.

    “I am so thankful for the team at the Firm. The performed very professionally and with excellence. Not only were all the charges dropped, but I feel vindicated due to the fact that Mr. Hurtado and Ms. ...”

    - Sergio
  • Hoy puedo celebrar ser Ciudadano Americano gracias a la asistencia recibida por todo su equipo.

    “Gracias a The Hurtado Law Firm y Staff por una experiencia Profesional y Honesta. Durante todo el proceso me tuvieron informado de lo que estaba pasando con mi aplicación, si tenía alguna pregunta ...”

    - Ossie