Consular processing is one way that a qualified individual can obtain a green card in the United States. Depending on an individual’s location and circumstances they may require consular processing as opposed to adjustment of status and other legal requirements. For more information and legal representation speak with a consular processing lawyer in NYC.
What is Consular Processing?
Consular processing is simply the process of applying for a United States green card while the applicant is outside of the country. Generally, individuals who are already in the U.S. will apply for an adjustment of status. However, it is not possible for everyone to enter the country before attempting to procure permanent resident status.
With consular processing, the applicant must wait in their home country while applying for their green card. Once it is approved they can travel to the United States.
Who Should Apply Through Consular Processing?
Individuals who are eligible for a green card but are overseas or will be traveling overseas during the application process should apply for permanent residence using consular processing. If you hold any of the following visa types you should take this path as opposed to adjustment of status.
- CR1/IR1 spouse (when the sponsor is a U.S. citizen)
- CR2/IR2 child (when the sponsor is a U.S. citizen)
- F21 spouse (when the sponsor is a legal permanent resident)
- F22 child (when the sponsor is a legal permanent resident)
What is the Application Process?
If you wish to apply for a green card through consular processing, refer to the following steps to learn more about the application process.
- Determine eligibility: First, make sure you are eligible to apply for a green card and lawful permanent residence.
- File petition: Your sponsor should file the appropriate petition for your situation. You may need the family-based, employment-based, humanitarian, or special category petition. Determine which relates to your situation and have your sponsor submit it on your behalf.
- Wait for a decision: Wait to hear back from the USCIS. If your petition is denied you may be able to appeal. If your petition is approved, move on to the next step.
- NVC processing: The National Visa Center will notify your sponsor when the petition is received and when a visa number is available for you.
- Attend the interview: Once a visa is available the consular office will schedule your interview. Bring your passport and necessary documentation. The interviewer will ask you questions about your application under oath.
- Wait for a decision: The consular officer will determine whether or not to approve your application. They may inform you right away or within a week or so.
- Travel to the United States: Once you are approved you will be given a Visa Packet of information. Do NOT open this packet as it must be sealed upon your entry to the country. Pay the USCIS immigrant fee and travel to the United States using your new visa.
- Receive your green card: You will receive your green card in the mail within 90 days after arriving in the United States.
For more information on your rights and responsibilities during the consular processing process, reach out to an experienced immigration attorney.
