Question 1

Do I need an attorney to get a visa?

Accepted Answer

No, it is not a legal requirement. However, the visa stamping and entry process involves complex paperwork and navigating several U.S. government agencies, each with their own rules and procedures. In recent years, the U.S. government has applied stricter scrutiny to applications and levied harsh penalties for small errors. An experienced attorney can guide you through the process while identifying potential risks and complications, ensuring accurate and compliant filings, and advocating for you to the relevant agencies.

Question 2

What do Waypoint Immigration’s services cost?

Accepted Answer

Pricing for consular services varies depending on complexity. Our standard base rates include:
• Consultation: $396
• DS-160 Full Service: $3,500 plus $1,500 for each derivative family applicant
• DS-260 Full Service: $5,000 plus $2,000 for each derivative family applicant
•National Interest Exception (NIE): $3,500
•Reentry Permit: $3,500
•Mandamus Lawsuit: $7,500

If you have any prior accusation of criminal activity, accusation of inadmissibility, or prior overstay then a minimum additional $1,500 will be added to the base rates and may increase further depending on the complexity of the situation.

Question 3

Are services billed as flat rate or hourly?

Accepted Answer

Most services with a defined scope are billed at a flat rate. Document reviews, standby travel support, and other matters may require a retainer and hourly billing structure. We endeavor to provide transparent pricing for every matter.

Question 4

Can you guarantee my visitor visa?

Accepted Answer

No, no one can guarantee your visa will be issued. The U.S. Department of State maintains final authority over all visa stamping applications. The consular officer that you interview with will make a determination on whether you are eligible. Exercise caution whenever you see any claims of guarantees, as such claims are usually promulgated by unlicensed consultants or notorios engaging in the unauthorized practice of law.

Our services ensure that you are well prepared for your interview, that your paperwork is properly filed, and that issues related to timing and misunderstandings are addressed at the consulates.

Question 5

My application has been pending too long. How can you help?

Accepted Answer

We assist with submitting inquiries to the consulate directly, engaging liaison services, and filing mandamus lawsuits. The consulate does not usually communicate the reasons why an application is being held up, so we also do a deep dive with you to understand your situation and create a customized plan to get your application moving again.

Question 6

What services do you provide for students?

Accepted Answer

Student visa stamping is high stakes and has a high denial rate as compared to other categories. You need to demonstrate ties to your home country, financial support, and compliance with the international student system.

We assist you in preparing applications, assembling the right documentation and forms to demonstrate ties and financial support, and prepare you to speak with consular officers during your interview.

Question 7

My country is under a travel ban. Is there any hope for me to get a visa?

Accepted Answer

If you are a dual citizen, schedule a consultation to discuss options to pursue your application under a different nationality or at a different consulate.

There are some exceptions to the travel ban. Schedule a consultation to discuss what might be available for you. Some of the exceptions include: an athletic event, a request supported by other government authorities in the USA, national interest exceptions, and more.

Question 8

What is a National Interest Exception (NIE)?

Accepted Answer

A national interest exception can be sent to the consulate that is processing a visa if the application is on hold due to a travel ban or extreme vetting. The request outlines why it is in the U.S. national interest for your visa to be granted immediately.

Note that the NIE is different than the National Interest Waiver based immigrant visa. The NIE applies to both immigrant and nonimmigrant visa filings, and it is broader than the NIW. Also note that having an NIW approval does not guarantee that the later NIE will be approved. Our attorneys have deep expertise in NIEs, which were first made available during the COVID pandemic. Schedule a consultation to discuss if this approach is right for your case.

Question 9

My employer is already helping me with visa stamping. Do I need my own attorney?

Accepted Answer

Visa applications are personal applications, even if the underlying work visa approval is not. Your own personal rights and responsibilities are front and center in this process. While some employers offer great support through their team of immigration attorneys, others offer limited or no support at all. Even when employers offer support, keep in mind that the attorney represents the company and cannot guarantee that conflicts of interest will not arise in the process. In this process, you have the final say on strategy and decisions. Make sure that you also have the information you need to make informed decisions.

If you have any prior personal circumstance that you do not want your employer to be involved in, then you should obtain your own attorney for this process. Even if you are comfortable working with your employer’s attorney, you can get a consultation with your own attorney to make sure your bases are all covered.

Question 10

I have a complicated immigration history. Can I still get a visa?

Accepted Answer

You can still make visa applications after holding numerous different visas, having short overstays, being placed in administrative processing, being questioned about national security concerns, being involved in sketchy situations, having an arrest or conviction, or numerous other scenarios. However, visas are not guaranteed and may not be available in all situations. Our attorneys can assess how serious your complications are and map out your best path forward given your circumstances. Sometimes, the answer is just no. Other times, there are reasonable solutions. Schedule a consultation to get a clear understanding of your situation.

Question 11

I was previously accused of fraud/misrepresentation. Is it true that I am permanently banned from the USA?

Accepted Answer

A final determination of fraud or misrepresentation makes you inadmissible to the United States. If the determination was based on a mistake, and you did not actually do anything wrong, we can assist in clarifying your next steps. If the determination is correct, then you have very limited options. There may be waivers available for those who have U.S. citizen spouses or children. There may also be limited waivers for nonimmigrant visas in rare circumstances.

Question 12

My visa was revoked while I was still in the USA. Am I going to be deported?

Accepted Answer

If your visa is revoked while you are abroad, then you need to obtain a new visa before entering the U.S.

If your visa was revoked while you are present in the United States, you should speak with an attorney right away. The consequences are not always clear due to the complex rule interactions between the U.S. Department of State, United States Citizenship & Immigration Services, and Customs and Border Protection. You may have an array of official immigration documentation that includes a visa stamp, a classification, I-94, approval notices, SEVIS record, I-20, DS-2019, and more that do not clearly match each other. A visa revocation does not always mean “status” revocation, but you should obtain personal legal advice right away to fully understand the implications depending on your unique situation.

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