Once your application for consular processing is approved by the USCIS, it will be sent to the Department of State’s National Visa Center for further review. If your petition has not been approved, the USCIS will send you a notice with the reason as to why it was denied and whether you are eligible to appeal the decision. If the petition is approved, you should wait for a visa number to become available for you. During this time, you may have to pay visa application fees and also may be required to provide supporting documents.

When a visa becomes available and you are next in the number sequence to receive one, you will have an interview with the consular office scheduled. At this meeting, you will be questioned about your eligibility to become a U.S. resident based on this process. Once your case is processed, the final decision will be made to guarantee or deny your eligibility to live in the country as a permanent resident. If the final decision gives you access to acquire a visa and reside in the U.S., you will need to pay the USCIS immigration fee. Then you will be provided with a visa packet that will be opened by U.S. Customs and Border Protection upon your arrival in the country. If you are admitted into the U.S., you will be considered a lawful permanent resident, meaning that you are allowed to live and work in the country on a permanent basis. You must carry your green card at all times to be able to provide documentation of your status as a permanent resident.

What is consular processing?

Through consular processing, immigrants from other countries may be able to acquire a visa to grant them legal status as a permanent resident of the United States. This process can be beneficial for those that want to move to the U.S. from a foreign country since they will be allowed to live in the U.S. on a permanent basis. They may be able to pursue their goal of acquiring a status as a resident and continuing on with their lives in America without an expiration date. To be considered for this process, first applicants must be eligible. To apply for consular processing, you must have a familial or working relationship in the United States and be able to establish this relationship. In addition to this condition, you may also apply for refugee, asylum status or another provision that allows you to enter the country. Immigrants that have a sponsor due to familial or employment ties can have a petition filed on their behalf by this individual. Based on which category you fit into, you may be eligible to file your own petition to request entry into the United States.

The Law Offices of Cheryl R. David practices immigration law throughout NYC. If you have questions about your particular matters regarding immigration please contact the office to discuss your circumstances and options.