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Opinion

Transferring your case to another US Consulate

US IMMIGRATION NOTES - Atty Marco F.G. Tomakin - The Freeman

Ramon works as an architect at a construction company in Qatar. He has been working there for about three years when he married Cora, a US citizen. He was promptly petitioned, got approved and his case is currently pending before the National Visa Center. While waiting for his interview appointment at the US Consulate of his native country, his company requested him to extend his contract for another two years. Thinking that his immigrant application has not been advancing anyway, he signed up. Ramon anticipates that he would still be in Qatar by the time he is called for a consular interview. He asks if he can request that his case be transferred to Qatar where he presently resides and works.

A request for transfer of an immigrant visa application from one consulate to another can be made by requesting the National Visa Center. It is best to send the request via email with an explanation as to the reasons for your request. For better chances of obtaining an approval, submit evidence or documents that support such a request. Bear in mind that NVC does not automatically grant transfer requests. It has the discretion to approve or deny based on your reasons and availability and capacity of the receiving consulate. Also, your case may face the possibility of delay as it has to undergo further processing and rescheduling depending on the volume of that consulate.

In Ramon's case, his contract of employment may be used as a justification that his case be transferred to Qatar. I have seen transfer requests that were approved due to war, disaster, relocation, medical issues, and other personal reasons. I remember another case where it was transferred because the US government closed its consulate. This happened in Kabul, Afghanistan, and the case was transferred to Islamabad, Pakistan. Or when a client had relocated to another part of India and he now lives in an area closer to another consulate. So it can be done, but do it correctly in order to get approved.

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November 11 is a legal holiday in the US dedicated to veterans of all American wars. It is a day of honoring, remembering and celebrating the lives of countless men and women who bravely served and sacrificed for the country. A grateful nation owes its present existence to those who defended and fought for the democracy and freedom everyone now enjoys. Happy Veterans Day!

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US IMMIGRATION NOTES

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