What is consular processing?

Immigrants can look at the United States and see a land of freedom. Some people wish to come here and reside here permanently while others want to make plans to come visit. Consular processing is for immigrants from other countries that wish to acquire a visa to grant them legal status as a permanent resident of the United States, which can help give access to the U.S. for those that want to move here from a foreign country. After being approved for consular processing, they may be allowed to live in the U.S. on a permanent basis. This gives them the opportunity to come here and start a life. They can raise their family here while they hold down a job in the country. To be considered for this process, applicants must be eligible first. To apply for consular processing, you must have a familial or working relationship in the United States and be able to establish this relationship. Applicants 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.

What happens when the application is approved?

Once your application for consular processing is approved by the USCIS, it will then be sent to the Department of State’s National Visa Center to be reviewed more. If your petition was not approved, the USCIS will send you a notice. In this notice, a reason as to why your application was denied should be established and it will include if you are eligible to appeal the decision. If the petition is approved, you can 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. An interview with the consular office should be scheduled. You will be questioned about your eligibility to become a U.S. resident. A 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.

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.