Consular Processing & Waivers

Consular Processing

Many of our clients require our help in obtaining their legal residency (green card) at United States embassies and consulates around the world. This process is generally called “consular processing.” This is normally a two-step process that first requires that a visa petition (either a family petition or an employment petition) first be approved on behalf of the client. Once USCIS approves the visa petition, the approved petition will be sent to the National Visa Center for processing. Our office normally prepares both the visa petitions involved and the documentation necessary for the National Visa Center to process the case and forward the application to the correct embassy or consulate.

Our office has successfully represented hundreds of clients in the consular processing of their visas. We have the necessary expertise to make sure the proper applications get filed on time and also prepare the client for their consular interview. Many people do not realize the importance of being properly prepared for the interview they will have at the consulate. Based on our substantial experience in this area, we can spot potential problems with the application and familiarize our clients with the probable questions that they will be asked. Careful preparation is often the key to successfully navigating consular processing.


Many of our clients will require “waivers” in order to successfully obtain their visas at the consulate. A waiver will often be required if the applicant had previously lived in the United States illegally for a period of time before leaving the country. An applicant will also require a waiver if there is some criminal history that makes the applicant “inadmissible.” Finally, an applicant may require a waiver if a prior deportation exists. In any event, cases that require a waiver are among the most complex and challenging cases that we handle. It is extremely important to properly prepare a waiver with the appropriate supporting documentation.

We often handle waiver cases where the client had previously prepared their own waiver, or used used the services of less-qualified attorneys, which resulted in denied waivers. We pride ourselves on our high approval rate for the waiver cases that we handle. You can be confident that in hiring the Gabriel Jimenez Law Office, you will have the best chance of getting your waiver approved.

Recent Changes in Waivers

On January 4, 2013, a new type of waiver was approved for people who were still in the United States. This new waiver, called a “Provisional Waiver” is only available to people who are spouses or children of U.S. citizens and who have spent time in the U.S. without authorization. Please contact our office if you think you may qualify for a Provisional Waiver. We will be happy to explain the process and help you in preparing a successful Provisional Waiver