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Consular processing involves immigrating to the United States when you aren’t already on U.S. soil. People already living in the U.S. who are eligible to apply for permanent residence may apply directly to U.S. Citizenship and Immigration Services (USCIS) for an adjustment of status to get their green cards, but beneficiaries of immigrant visa petitions living abroad must use the consular processing procedure.
At Jorge Munoz Law Firm, we know that consular processing may be hard to maneuver without the guidance of an experienced immigration attorney. Whether you are petitioning for a loved one’s visa, an employee’s visa, or as a self-petitioner, we can help. Request a consultation with our consular processing attorney if you need guidance.
Consular processing is a multi-step process involving USCIS, the Department of State’s National Visa Center (NVC), and a U.S. embassy or consulate. The consular processing procedure allows eligible people outside the United States to apply for an immigrant visa. Depending on the immigration category, applicants may need an approved petition, an immigrant visa number, supporting financial and civil documents, a medical examination, and an immigrant visa interview before they can travel to the U.S. as permanent residents.
While exceptions exist, most people get their green cards through either a family member or a U.S. employer. Some humanitarian programs don’t require immigrant visa petitions, and some people are eligible to self-petition for their immigrant visa, but usually the process of obtaining a green card through the consular processing procedure starts with an immigrant visa petition.
To begin the consular processing procedure for someone living abroad, you must petition USCIS on behalf of the person who wishes to immigrate to the United States.
If your immigrant visa petition is approved by USCIS, the agency will send notification of the approval to the NVC, which is part of the U.S. Department of State. What happens next in the consular processing procedure depends in part on the immigrant visa category. Some applicants may have to wait for a visa number to become available, while visas are immediately available to certain applicants, including immediate relatives of U.S. citizens.
As soon as the NVC is notified of the approved visa petition by USCIS, it will notify both you and the immigrant you have sponsored. When the case is ready for the NVC stage of the consular processing procedure, the NVC generally creates a case and sends a Welcome Letter containing information the applicant can use to access the Consular Electronic Application Center.
The NVC stage of the consular processing procedure can involve paying applicable fees, completing Form DS-260, submitting civil documents, and providing an Affidavit of Support and financial documentation when required. The NVC will review the submitted materials to determine whether the case has the documents needed for an immigrant visa interview. Having all the necessary documents does not guarantee immediate or timely interview scheduling, since appointment availability at the embassy or consulate may affect timing. Your consular processing attorney will help you at every step and explain to you when and how to pay the visa processing fees.
The NVC will contact you as needed. While waiting, follow NVC instructions and monitor your case for updates. If the immigrant’s address or marital status changes, or a major life event has occurred, inform your consular processing attorney immediately.
When a visa becomes available for your employee or loved one (they will know a visa is available if their priority date is current under the Visa Bulletin), an interview can be scheduled for them. As soon as they get this notice, it’s important that they prepare for it.
Here are a few ways they can prepare for this part of the consular processing procedure:
All the above items plus anything else recommended by your consular processing attorney should be taken to the interview. The interview takes place at the U.S. consulate or embassy. It’s important that the immigrant also brings their DS-260 visa application confirmation page with them.
Any family members immigrating with the principal applicant generally should also attend the interview if they are at least 14 years old on the day the interview takes place. As a sponsor, you’re not required to attend the interview, but you may be allowed to go with the applicant, depending on the embassy’s rules. This may help reduce follow-up questions. If your loved one or employee can’t make it on the scheduled date, it’s crucial that they reschedule in advance.
During the interview, a consular officer will review the case and determine whether the applicant is eligible to receive an immigrant visa. An application may require additional documents or administrative processing before a final decision is made. A consular processing attorney can help applicants prepare their documentation, identify potential eligibility or inadmissibility concerns, and understand what to do if the consular officer requests additional information.
Once the interview stage of the consular processing procedure is complete, it’s especially important that the visa beneficiary doesn’t make any life–altering changes in case the visa isn’t approved. For example, they shouldn’t quit their job or sell their home until they learn whether the application has been approved.
If your application is approved, USCIS generally requires payment of the USCIS Immigrant Fee to process the visa packet and produce the physical green card. The fee can be paid online, and your consular processing attorney can help. USCIS recommends paying this fee after receiving the immigrant visa and before departing for the United States, although eligible immigrants may also pay it after entering the country. The green card is not produced until the fee is paid.
Depending on how the case is processed, the immigrant may receive a sealed immigrant visa packet to present to U.S. Customs and Border Protection, or relevant records may be transmitted to CBP electronically. If the immigrant receives a sealed packet, they must not open it.
This next step is often stressful, but it’s the last hurdle between your loved one (or employee) and their permanent resident status. Upon arrival at a port of entry, a CBP officer will review their visa packet, inspect them, ask them some questions, and decide whether to let them in. If the CBP officer grants them entry, they complete the consular processing procedure and become a lawful permanent resident. After that, their actual green card will be sent to them in the mail.
Our experienced immigration attorney, Jorge Muñoz, understands consular processing and can help you every step of the way. Having navigated the U.S. immigration system himself, Jorge is familiar with the challenges immigrants face. His team also assists clients in English, Spanish, and Portuguese. If you would like to sponsor an immigrant petition for a loved one or an employee, contact Jorge Munoz Law Firm today.
(786) 678-8587
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