For many DACA recipients, obtaining lawful permanent resident status and, eventually, U.S. citizenship is a long-held dream.
While DACA provides temporary protections, achieving full lawful status requires navigating the complex immigration system. A pivotal step is the immigrant visa interview at the U.S. Embassy or Consulate.
This process can seem daunting, but understanding what to expect and being prepared can help ensure a smooth interview. This guide will cover key considerations for DACA recipients going through the immigrant visa process.
Overview of the Immigrant Visa Process
Immigrant visas allow foreign nationals to enter the United States and obtain lawful permanent resident status. There are many types of immigrant visas, but common ones for DACA recipients are family-based visas, employment-based visas, and diversity visas.
The immigrant visa process includes:
- Filing initial paperwork with USCIS
- Submitting required documents
- Attending a medical exam
- Completing the DS-260 visa application
- Attending an interview at the Embassy/Consulate
- Receiving the visa once approved
The interview is a mandatory step and requires the applicant to demonstrate eligibility for the specific immigrant visa. Proper preparation is key to increasing the chances of visa approval.
Special Considerations for DACA Recipients
DACA recipients face unique challenges when pursuing an immigrant visa. Their undocumented status can complicate the process.
Travel Restrictions
Most DACA recipients cannot travel outside the U.S. Advance Parole allows temporary travel but does not guarantee re-entry. DACA recipients should consult an immigration attorney before traveling abroad for a visa interview.
Unlawful Presence Bars
Spending over 180 days in the U.S. unlawfully can trigger 3-10 year re-entry bars. DACA recipients who accrued unlawful presence may need to obtain an Unlawful Presence Waiver before leaving the U.S. for their interview.
Previous Immigration Violations
Entering illegally or working without authorization are grounds for inadmissibility. DACA recipients need to account for any violations as part of their visa application. Waivers may be available.
With proper precautions, DACA recipients can overcome these hurdles and successfully complete their visa interviews. Consulting with an experienced immigration attorney is highly recommended.
Preparing for the Visa Interview
Thorough preparation is key to presenting yourself as a qualified visa applicant during the high-stakes interview. Here are some tips:
Have Your Paperwork in Order
- Review your entire visa application and make sure all information is accurate.
- Compile originals and copies of all required documents, such as passport, birth certificate, photos, police certificates, etc.
- Print any petitions previously approved by USCIS.
- Organize paperwork neatly in a folder or binder. Avoid loose documents.
Study Required Information
- Know details about yourself, your family, and your home country.
- Understand key dates like when you obtained DACA, entered the U.S., etc.
- Be prepared to discuss your qualifying relationship (i.e. with a spouse) and documentation proving it.
- Review your work/education history. Have names and dates readily available.
- For diversity visa applicants, study the program rules and eligibility criteria.
Dress Professionally
- Business attire is recommended. Avoid shirts with logos or slogans.
- Speak and behave in a courteous, professional manner.
Answer Questions Calmly and Honestly
- Do not try to prepare answers word-for-word. Speak naturally.
- Answer only the question asked. Do not volunteer irrelevant information.
- Admit if you do not know or cannot recall something. Do not lie.
Bring an Interpreter if Needed
- The interview will be conducted in English unless otherwise requested.
- If your English skills are limited, hire an interpreter and notify the Consulate in advance.
What to Expect at the Visa Interview
The visa interview focuses on confirming identity, verifying eligibility per immigration law, and assessing any security risks. Some key aspects:
Overview of Your Background
The consular officer will confirm basic biographical details and information about your family, education, and employment history. They may ask broad questions about your life and background to verify you are who you claim to be. Answer openly and honestly.
Assessment of Visa Eligibility
The officer will probe to determine if you meet the legal eligibility criteria for the particular immigrant visa. Be prepared with any documents and details related to how you qualify.
For family visas, you may need to discuss details and proof of your relationship. Employment visas require proof of a valid job offer and your qualifications. Diversity visa applicants must demonstrate meeting the program’s education/work experience requirements.
If something seems unclear or problematic to the officer, expect follow-up questions. Show a detailed understanding of how you meet the requirements.
Review of Possible Inadmissibility Factors
The officer must assess any factors that could make you inadmissible, such as:
- Health-related grounds
- Criminal issues
- National security concerns
- Public charge likelihood
- Prior immigration violations
If you have any disqualifying factors, be prepared to explain mitigating circumstances or demonstrate eligibility for a waiver. An immigration attorney can advise you on options.
Assessment of Intention to Immigrate
The officer seeks to determine if you genuinely intend to immigrate permanently to the U.S. They may ask about:
- Your ties to your home country vs. the U.S.
- Future plans and commitment to living in the U.S.
- Reasons for seeking the visa.
Emphasize meaningful ties to the U.S., such as family, employment, education, etc. Show you fully intend to make the U.S. your new permanent home.
After the Interview
Once the interview concludes, there are three general outcomes:
Visa Issued
If approved, you will be informed when/where to obtain your immigrant visa. You must then pay the USCIS immigrant fee and can enter the U.S. within 6 months. Once admitted, you will become a lawful permanent resident.
Visa Denied
Denials can be appealed within 30 days. However, consular decisions are difficult to overturn. Your attorney can assess options.
Additional Processing Required
Sometimes, visa adjudication takes longer than the interview. You will be notified if additional documents or steps are required. Continue cooperating as directed. Complex cases can require patience.
While pursuing an immigrant visa as a DACA recipient has challenges, thousands obtain U.S. permanent resident status this way each year. Going in fully prepared is key. Our experienced immigration attorneys can help you successfully navigate the immigrant visa process.
Law Office of Lina Baroudi Can Help With Your Immigrant Visa Case
The visa interview is a critical milestone in the quest for U.S. lawful permanent resident status. DACA recipients need to take special care to prepare and present their best case despite the complications of their immigration history.
The Law Office of Lina Baroudi has extensive experience guiding clients smoothly through immigrant visa applications and interviews.
Their team knows the intricacies of the immigrant visa system and how to overcome hurdles. Contact them to discuss your situation. They can help you realize your dreams of becoming a U.S. permanent resident.
