Consulate shopping is the practice of applying for visas at different consulate posts - or choosing a more "suitable" post in advance, in the hope of finding one that will be more sympathetic to the applicant and thus approve the visa, or in order to have one's application processed faster. It was typically associated with making a visa application at a visa office located outside of one's home country.
The term "consulate shopping" may have appeared by analogy with "forum shopping" - choosing the best jurisdiction for litigation.
In the past, "consulate shopping" was not an uncommon practice for both visitor and permanent resident visas. For example, a Russian citizen would choose to apply for a visitor visa to the US at a US consulate somewhere in Eastern Europe, rather than one in Russia, based on the belief that, due to different office cultures of the consular staff, the likelihood of rejection would be lower, say, in Budapest than in Moscow. Similarly, a person planning a trip to mainland China may plan on obtaining his or her visitor's visa in a visa office in Hong Kong, immediately before entering the mainland, instead of doing it in advance in their own home country.
When applying for permanent residence in Canada, a person living in India, but possessing a multiple entry visitor visa to the UK or a Schengen country could choose to file his application with a Canadian visa office in European, rather than one in India, because the posted processing times were supposed to be much shorter in Europe.
Lately, many countries cut down on the practice of consulate shopping by requiring that permanent residence visa applications, and often visitor visa applications as well, be filed only in visa offices within the country of the applicant's citizenship of residence. As of the summer 2008 People's Republic of China joined this trend, requiring all visa applicants only to apply in the Chinese consulate in the country where they are citizens or permanent residents; moreover, in some countries served by multiple consulates (as the USA is), the application must be filed in the consular district serving the area where the applicant resides. [1]
An important exception to that trend is that as of July 2010 the U.S. Consulates in China have liberalized their appointment policy. Now, persons who reside in Mainland China can choose to apply for a nonimmigrant visa at any of the Mainland posts—Beijing, Guangzhou, Shanghai, or Shenyang. [2]
A green card, known officially as a permanent resident card, is an identity document which shows that a person has permanent residency in the United States. Green card holders are formally known as lawful permanent residents (LPRs). As of 2019, there are an estimated 13.9 million green card holders, of whom 9.1 million are eligible to become United States citizens. Approximately 65,000 of them serve in the U.S. Armed Forces.
Permanent residency is a person's legal resident status in a country or territory of which such person is not a citizen but where they have the right to reside on a permanent basis. This is usually for a permanent period; a person with such legal status is known as a permanent resident. In the United States, such a person is referred to as a green card holder but more formally as a Lawful Permanent Resident (LPR).
An L-1 visa is a visa document used to enter the United States for the purpose of work in L-1 status. It is a non-immigrant visa, and is valid for a relatively short amount of time, from three months to five years, based on a reciprocity schedule. With extensions, the maximum stay is seven years.
A K-1 visa is a visa issued to the fiancé or fiancée of a United States citizen to enter the United States. A K-1 visa requires a foreigner to marry his or her U.S. citizen petitioner within 90 days of entry, or depart the United States. Once the couple marries, the foreign citizen can adjust status to become a lawful permanent resident of the United States. Although a K-1 visa is legally classified as a non-immigrant visa, it usually leads to important immigration benefits and is therefore often processed by the Immigrant Visa section of United States embassies and consulates worldwide.
The visa policy of the United States consists of the requirements for foreign nationals to travel to, enter, and remain in the United States. Visitors to the United States must obtain a visa from one of the U.S. diplomatic missions unless they come from one of the visa-exempt or Visa Waiver Program countries. The same rules apply for travel to all U.S. states, Washington, D.C., Puerto Rico and the U.S. Virgin Islands, as well as to Guam and the Northern Mariana Islands with additional waivers, while similar but separate rules apply to American Samoa.
The Exit & Entry Permit for Taiwan, Republic of China is the document for the bearer to enter and/or depart Taiwan. Currently, there are several types of Exit & Entry Permit that reflect the bearer's residency status. The permit is issued by the National Immigration Agency of the Republic of China (Taiwan). For different purposes, the permit is also known as:
Visitors to the Republic of China (Taiwan) must obtain a visa or authorization in advance, unless they come from one of the visa exempt countries or countries whose nationals are eligible for visa on arrival. All visitors must hold a passport valid for 6 months.
A B visa is one of a category of non-immigrant visas issued by the United States government to foreign nationals seeking entry for a temporary period. The two types of B visa are the B-1 visa, issued to those seeking entry for business purposes, and the B-2 visa, issued to those seeking entry for tourism or other non-business purposes. In practice, the two visa categories are usually combined and issued as a "B-1/B-2 visa" valid for a temporary visit for either business or pleasure, or a combination of the two. Nationals of certain countries do not usually need to obtain a visa for these purposes.
A J-1 visa is a non-immigrant visa issued by the United States to research scholars, professors and exchange visitors participating in programs that promote cultural exchange, especially to obtain medical or business training within the U.S. All applicants must meet eligibility criteria, English language requirements, and be sponsored either by a university, private sector or government program. 353,300 J-1 visas were issued in 2019.
The Government of the Macau Special Administrative Region allows citizens of specific countries/territories to travel to Macau for tourism or business purposes for periods ranging from 14 to 180 days without having to obtain a visa. For other entry purposes, such as establishing residence on a long-term basis, a different policy applies.
Visitors to the mainland of the People's Republic of China must obtain a visa from one of the Chinese diplomatic missions, unless they come from one of the visa exempt countries. The two Special Administrative Regions – Hong Kong and Macau – maintain their own independent border control policies and thus have their own separate visa requirements.
The visa policy of Hong Kong deals with the requirements in which a foreign national wishing to enter Hong Kong through one of the 15 immigration control points must meet to obtain an entry permit or Visa, which depending on the traveller's nationality, may be required to travel to, enter, and remain in the Hong Kong Special Administrative Region. Visitors from over 145 countries are permitted without Visa entry for periods ranging from 7 to 180 days, to the Hong Kong Special Administrative Region for tourism or certain business-related activities. All visitors must hold a passport valid for more than 1 month.
The visa policy of Canada requires that any foreign national wishing to enter Canada must obtain a temporary resident visa from one of the Canadian diplomatic missions unless they hold a passport issued by one of the 54 eligible visa exempt countries and territories or proof of permanent residence in the United States.
Direct Consular Filing (DCF) is a process related to immigration to the United States whereby Form I-130, I-360, or I-600, is filed with a United States embassy or consulate in another country rather than with the United States Citizenship and Immigration Services lockbox or service center facilities located within the US. The approved form can then be used to obtain an IR or CR visa within the same country. DCF is available only under exceptional circumstances and can only be done in the country where the petitioner legally resides.
Form I-130, Petition for Alien Relative is a form submitted to the United States Citizenship and Immigration Services by a United States citizen or Lawful Permanent Resident petitioning for an immediate or close relative intending to immigrate to the United States. It is one of numerous USCIS immigration forms. As with all USCIS petitions, the person who submits the petition is called the petitioner and the relative on whose behalf the petition is made is called the beneficiary. The USCIS officer who evaluates the petition is called the adjudicator.
Consular nonreviewability refers to the doctrine in immigration law in the United States where the visa decisions made by United States consular officers cannot be appealed in the United States judicial system. It is closely related to the plenary power doctrine that immunizes from judicial review the substantive immigration decisions of the United States Congress and the executive branch of the United States government.
The National Visa Center (NVC) is a center that is part of the U.S. Department of State that plays the role of holding United States immigrant visa petitions approved by the United States Citizenship and Immigration Services until an immigrant visa number becomes available for the petition, at which point it arranges for the visa applicant(s) to take the visa interview at a consulate abroad. It is located in Portsmouth, New Hampshire. It was established on July 26, 1994 on the site of an Air Force base that was closed down by The Pentagon.
The Legal Immigration Family Equity Act of 2000, also known as the LIFE Act and as the Legal Immigration and Family Equity Act, along with its Amendments, made some changes to laws surrounding immigration for family members of United States citizens and Lawful Permanent Residents, as well as people eligible for employment-based immigrant visas, in the direction of making it easier for family members and immigrant workers to move to and adjust status within the United States. It was passed on December 21, 2000, as title XI of Pub.L. 106–553 (text)(PDF).
Form I-140, Immigrant Petition for Alien Worker is a form submitted to the United States Citizenship and Immigration Service (USCIS) by a prospective employer to petition an alien to work in the US on a permanent basis. This is done in the case when the worker is deemed extraordinary in some sense or when qualified workers do not exist in the US. The employer who files is called the petitioner, and the alien employee is called the beneficiary; these two can coincide in the case of a self-petitioner. The form is 6 pages long with a separate 10-page instructions document as of 2016. It is one of the USCIS immigration forms.
An I-1 visa is a non-immigrant visa issued by the United States for foreign media representatives and journalists who travel to the United States for the purpose of working exclusively in their profession. All applicants must meet eligibility criteria, which requires them to be residents of foreign countries, working for foreign information outlets headquartered in their respective countries.