Consular processing involves immigrating to the United States when you aren’t already on U.S. soil. People already living in the U.S. apply directly to U.S. Citizenship and Immigration Services (USCIS) for an adjustment of status to get their green cards once their immigrant visa is approved, but beneficiaries of immigrant visa petitions living abroad must use the consular processing procedure.
Consular processing is the method beneficiaries of approved immigrant visa petitions use to apply for a green card from outside the United States. Consular processing takes place at a U.S. embassy or a U.S. Department of State consulate abroad. In this guide, we will discuss the entire process.
At Jorge Munoz Law Firm, we know that the Immigration and Nationality Act (INA) is 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.
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 consular processing starts with an immigrant visa petition.
To begin the process of sponsoring the immigration of 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 National Visa Center (NVC) which is part of the U.S. Department of State. After that, it’s a waiting game. The immigrant will not be able to move forward until an immigrant visa becomes available.
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. Typically, neither of you will hear from the NVC again until after the immigrant’s visa number becomes available. Your immigration attorney will help you at every step and explain to you when and how to pay the visa processing fees.
The NVC will only contact you as needed, and you typically don’t have to reach out to them while you wait. If the immigrant’s address, marital status, or a major life change has occurred, inform your attorney immediately.
When a visa becomes available for your employee or loved one (or if their priority date is current), an interview will 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:
All the above items plus anything else recommended by your 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 that are included on the petition 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 are allowed to go. Often, this can reduce follow up questions, so attorneys often recommend it. If your loved one or employee can’t make it on the scheduled date, it’s crucial that they reschedule in advance.
Once the interview 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 will require payment to process the Visa Packet. The fee can be paid online, and your attorney can help. They must not leave for the U.S. until the fee is paid. Your employee or loved one will be sent a packet of information called a “Visa Packet.” The package will be sealed, and it must remain sealed. They should not open it. It must be handed directly to the U.S. Customs and Border Protection (CBP) officer when they arrive at the port of entry to the United States.
This next step is often the most stressful, but it’s the last step between your loved one (or employee) and their green card. Upon arrival at a port of entry, a CBP officer will take their sealed Visa Packet, inspect them, ask them some questions, and decide whether to let them in. If the CBP officer grants them entry, they become a lawful permanent resident. After that, their actual green card will be sent to them in the mail.
An experienced immigration attorney understands consular processing and can help you every step of the way. If you would like to sponsor an immigrant petition for a loved one or an employee, contact Jorge Munoz Law Firm today.
