New York City Consular Processing Lawyer

Family members, fiancés or employees living abroad need to engage in the consular process to obtain a visa to enter the United States. To learn how consular processing can meet your needs in situations where you need to get a visa that can lead to permanent residence, contact an experienced New York immigration lawyer for consular processing at the Law Office of Cheryl R. David. We work closely with U.S. residents to make sure that the State Department receives the necessary information to help consular processing work smoothly for you and your family.

What Is Consular Processing?

Consular processing is the procedure through which an individual outside of the United States applies for an immigrant visa at a U.S. consulate or embassy in their home country. This is an essential path for those seeking lawful permanent resident status—commonly known as a green card—when they are not already present in the United States or are otherwise ineligible to adjust their status while in the country.

Unlike adjustment of status, which is handled within the United States through U.S. Citizenship and Immigration Services (USCIS), consular processing involves coordination with the U.S. Department of State and culminates in a visa interview abroad. If approved, the individual receives an immigrant visa that allows them to enter the United States as a lawful permanent resident.

At the Law Office of Cheryl R. David, we guide families, couples, and employment-based applicants through this important process, ensuring that all necessary documentation is submitted properly and that the steps are completed efficiently and without unnecessary delay. Consular processing can be a powerful option for those who qualify, and with the right legal support, the process can move forward as smoothly as possible.

Who Should Use Consular Processing?

Consular processing may be the right choice—or in some cases, the only choice—for individuals who are currently living outside of the United States and are seeking to immigrate lawfully. It is commonly used in the following situations:

• Family Members of U.S. Citizens or Lawful Permanent Residents: If you are the spouse, child, sibling, or parent of a U.S. citizen or green card holder and currently reside abroad, consular processing may be required to obtain your immigrant visa.
• Fiancé(e)s of U.S. Citizens: Individuals coming to the United States on a K-1 fiancé(e) visa must go through consular processing before entering the country to marry and later apply for permanent residence.
• Employment-Based Immigrants: If your employer has sponsored you for a green card and you are not already lawfully present in the U.S., you will need to apply through a U.S. consulate overseas.
• Diversity Visa Lottery Winners: Selected applicants in the Diversity Visa (DV) program residing outside the U.S. must complete consular processing to obtain their immigrant visas.
• Certain Humanitarian Categories: In some cases, individuals eligible under humanitarian programs, including specific refugee and asylee programs, may be processed through consular channels.

Step-by-Step Guide to the Consular Process

The consular process can feel complex and sometimes overwhelming, but with careful guidance and step-by-step planning, it becomes a manageable and ultimately rewarding path to permanent residence in the United States. Here is an overview of what to expect:

1. Petition Filing with USCIS: The process begins when a qualifying relative or employer submits an immigrant petition on your behalf to U.S. Citizenship and Immigration Services (USCIS). For family-based cases, this is typically Form I-130; for employment-based petitions, it is usually Form I-140.
2. Petition Approval and Transfer to the National Visa Center (NVC): Once the petition is approved, USCIS forwards it to the National Visa Center, a division of the Department of State responsible for collecting further documentation and preparing the case for consular processing. The NVC assigns a case number and will contact the applicant with instructions on how to proceed.
3. Payment of Fees and Submission of the DS-260: The immigrant visa application (Form DS-260) is filed online through the Department of State’s Consular Electronic Application Center. Government filing fees must also be paid at this stage. The DS-260 is a vital part of the case and must be completed accurately and thoroughly.
4. Collection and Submission of Civil and Financial Documents: Applicants must gather and submit required civil documents, such as birth certificates, police clearance certificates, and marriage records, as well as the Affidavit of Support (Form I-864) from the petitioner or sponsor, along with proof of financial ability to support the immigrant.
5. Interview Scheduling and Medical Examination: Once the NVC reviews and accepts the documentation, it will schedule an immigrant visa interview at the appropriate U.S. consulate or embassy abroad. Prior to the interview, the applicant must undergo a medical examination by a physician authorized by the U.S. consulate.
6. Visa Interview and Decision: At the interview, a consular officer will review the applicant’s eligibility and documentation. If all goes well, the immigrant visa is approved. In some cases, the officer may request additional documents or conduct further administrative processing.
7. Visa Issuance and Entry into the United States: Following approval, the applicant receives a sealed visa packet and their passport with the immigrant visa affixed. They must enter the U.S. within the visa’s validity period. Upon arrival, the visa is endorsed, and the green card is later mailed to the new resident’s U.S. address.

Our seasoned consular processing lawyer is here to effectively represent you, every step of the way.

We Coordinate All Stages of the Consular Visa Application Process

The Law Office of Cheryl David advises clients about the suitability of consular processing in individual situations. For example, the ability to interview with the U.S. consul overseas might work to your advantage, but adverse consular decisions are not subject to appeal. The firm’s experience can help you avoid strategic mistakes in deciding whether to pursue the consular processing option.

The office assists with the application and presentation of supporting documents to the State Department and helps you get ready for the interview. If you need a dedicated immigration lawyer who can guide you through the consular processing process, reach out to our firm today.

Contact Our New York City Immigration Lawyers

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