User Question: Hello, my asylum case has been pending since 2017. My employer is sponsoring me for EB-3, and I need to depart to a third country for consular processing after my I-140 was approved, according to my lawyer. I had a valid F-1 visa when I applied for asylum, but I currently have no legal status. My questions are:
- How difficult is the consular interview?
- What questions will I be asked?
- How long will I stay there?
- What documents will be required?
Has anyone experienced a similar situation? I would appreciate any advice. Thank you.
Expert Answer: Consular processing for an EB-3 visa can be challenging, especially if you have accrued unlawful presence in the U.S. Since your asylum case has been pending since 2017 and you currently have no legal status, you may be subject to inadmissibility bars, requiring a waiver before re-entering the U.S.
**Consular Interview:**
- The difficulty of the interview depends on your case details and background.
- Common questions include your job role, employer details, qualifications, and prior immigration history, including your asylum application.
**Timeframe & Stay Duration:**
- The length of stay depends on visa processing and potential inadmissibility waivers. If a waiver is required, processing could take months.
**Required Documents:**
- Passport
- I-140 approval notice
- Job offer letter from your employer
- Medical examination report
- Police clearance certificate (if applicable)
- Evidence of qualifications and work experience
- Any additional documents requested by the consulate
Given your asylum history and current lack of legal status, consult an immigration attorney to assess risks and waiver eligibility before proceeding with consular processing.
