The Law Offices of Robert Nadalin

What Is Administrative Processing For A Visa Stamp?

“Administrative processing” is essentially an additional security and background check for visa applicant cases that the officer intends to approve. It is just a last check to make sure everything is in good order. Most administrative processing matters are ultimately approved, but the additional time delay of several weeks or longer can be greatly frustrating to the applicant and his or her employer.

For example, if the counselor officer is unclear about what exactly the applicant plans to do in the U.S., the officer can move that case to the administrative processing track. If this happens, the applicant may have to wait an additional weeks, or even months, in order to secure the visa stamp.

Most administrative processing matters are resolved within two to three weeks. The State Department has explained that most will be resolved within 30 days, and that a fraction of them will pend between 30 and 60 days. However, there are some cases that will pend for many more additional months. Sometimes administrative processing cannot be prevented, but being well prepared for the visa interview can go a long way in minimizing the chance of encountering administrative processing. It is helpful for an applicant to coordinate back-up plans with their manager and the HR department so that if the one week process unexpectedly becomes a two, three, or four week process, there is plan in place to avoid workflow problems at the company here in the U.S.

What Documents Does a Temporary Visa Holder Need to Travel to and from the United States?

The applicant needs to maintain a valid passport. Persons from a select handful of countries (including Canada) are not required to have a formal visa stamp in their passport. Persons coming to the U.S. from a country other than Canada or one of the “visa waiver” countries, must also have a valid visa document in order to enter the U.S. It is also important to have in hand any other important documents related to the type of visa the applicant seeks to use to enter the U.S. Some of the work petition categories require an I-797 petition approval notice from USCIS or other similar documents confirming that the applicant is eligible to enter the U.S.

It may also be helpful to keep in mind that upon entering the U.S. a person’s lawful stay will be limited to the expiration date of their passport. This means that if a person’s passport is set to expire in a couple of months, the officer will only give them permission to stay the remaining couple of months- until their passport expires. In order to avoid this problem, the applicant may want to extend the passport to confirm that it will be valid for several more years. In this way, the applicant should be able to receive the full validity term of the period of stay that is being requested.

What Is The Secondary Inspection Process?

Secondary inspection may occur if an officer has questions or identifies a potential problem with an applicant’s admission request during the initial inspection interview process. If this happens, the officer will send the person off to a room on the side of the inspection area for secondary inspection. At the secondary inspection station, the officers will have more time to sit and talk with the applicant, review documents, take written statements, etc. However, the applicant can be made to wait several hours before he or she is able to meet with the secondary inspection officer. This delay can be frustrating, and at some ports of entry, the wait can actually be quite an unpleasant experience with no access to lunch and no freedom to leave. Although being sent through the secondary inspection process can sometimes be a matter of random chance, other times it is a consequence of being ill-prepared.

For more information on Visa Administrative Processing, a consultation is your next best step. Get the information and legal answers you are seeking by calling (619) 234-8875 today.

The Law Offices of Robert Nadalin

Contact Us Now for an Assessment of Your Needs - Call (619) 234-8875

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