I have an approved EB2-NIW I-140 (ROW) with a priority date of August 2024, and I've opted for consular processing at the U.S. Consulate in Montreal. I understand that it will be some time before my priority date becomes current.
However, I have a past immigration issue—specifically, an overstay from over two decades ago—which caused some problems at the border years ago. Since then, I have been able to cross the border without any issues for the 10-15 years.
I know that I need to disclose all prior immigration history in the consular processing forms, and I’m concerned that this could trigger Administrative Processing (AP), which would delay the process even further.
With that in mind, I have a few questions:
Should I hire a lawyer specifically for consular processing?
Should I request my A-file through FOIA to get more clarity on the exact dates and details of my prior overstay? I don’t remember all the specifics.
Has anyone here had a similar experience and successfully navigated consular processing despite a past overstay?
Any recommendations for experienced lawyers who specialize in consular processing?
I would greatly appreciate any insights, personal experiences, or advice on how to proceed.