What to Know About Consular Processing in New York

There are a number of different ways to legally enter the United States. As a result, it is important to find the method that works best for you. Read on to learn more about consular processing and how it may allow you to live in the United States.

What is Consular Processing?

Through consular processing, immigrants from other countries may be able to acquire a visa to grant them legal status as permanent residents 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 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.

Who is Eligible?

The first step in consular processing is to determine whether you are qualified. Most immigrants become eligible for permanent residence through a petition filed on their behalf by a family member or employer living in the United States. Others become permanent residents by first obtaining refugee or asylum status or through a number of other special provisions.

What Does the Process Entail?

File the petition: You will need to have an immigrant petition filed on your behalf. There are three general ways to qualify:

  • Family-based
  • Employment-based
  • Special Classes of Immigrants

In some cases, an I-130 Petition may be filed for an immediate relative; a spouse, child, or parent of a U.S. citizen with a U.S. embassy or consulate abroad. These situations may include:

  • Members of the military
  • Emergency situations
  • Situations involving the health or safety of the petitioner
  • When in the national interests of the United States

Wait for a Decision: USCIS will notify the petitioner when a decision is made. If the petition is denied, the notice will include the reasons and any right to appeal. If the petition is approved and if you are living outside of the United States or living in the United States but choose to apply for your immigrant visa abroad, USCIS will then send the approved petition to the Department of State’s National Visa Center until an immigrant visa number is available.

If you are interested in learning more about consular processing, contact our firm today.

Contact Our New York City Immigration Lawyers

Our law firm can explain all the opportunities associated with fiancé visas and help you through the entire procedure, as well as discuss whether this is a good option. For an initial consultation with a skilled immigration lawyer, contact the Law Office of Cheryl R. David in New York.