How Does Consular Processing Work in the United States?

For many immigrants, the path to permanent residence in the United States does not start from inside the country. Instead, it begins at a U.S. embassy or consulate abroad. This process, known as consular processing, is how individuals living outside the country apply for lawful permanent residence. It is a crucial step for families hoping to reunite, workers with approved employment visas, spouses of U.S. citizens waiting to begin their lives together, and more. The process can be confusing and stressful, so understanding how consular processing is designed to work is imperative in planning for your future. Read on and work with an experienced New York City consular processing lawyer for skilled legal counsel today.

What is Consular Processing?

Consular processing is the process of an immigrant living outside of the United States applying for a green card or lawful permanent residence through a U.S. consulate or embassy in their home country. Instead of adjusting status inside the U.S., you can complete the process abroad and receive an immigrant visa that allows entry as a permanent resident.

Consular processing generally applies to people who are residing abroad and have never been to the United States, and people who are in the U.S. but are ineligible for adjustment of status due to overstays, unlawful entry, or other disqualifications under immigration law.

Who Governs Consular Processing?

There are three main federal agencies involved in the consular processing procedure: the USCIS, the NCS, and the DOS. The USCIS (United States Citizenship and Immigration Services) approves the original petition, the NVC (National Visa Center) collects fees, forms, and civil documents, and the DOS (United States Department of State) conducts the final visa interview.

How Does Consular Processing Work in the United States?

If you are seeking lawful permanent resident status in the United States, understanding how consular processing works is important in protecting your rights and future. The process is generally as follows.

1. Determine that you are eligible to apply for a green card, and which category best fits your situation.
2. Have your sponsor file the immigrant petition that is relevant to your application.
3. Wait for the USCIS’s decision. If your petition is denied, look into appealing. If your petition is approved, continue to the next step.
4. Wait for notification from the NVC, which will inform you when the petition is received and when an immigrant visa number is available. Submit all required documents, evidence, and fees.
5. Attend the interview with the consular office. Bring your passport and necessary documentation, and answer all questions honestly and completely.
6. If you are granted an immigrant visa, the consular office will give you a Visa Packet. Do not open the packet. Pay the USCIS Immigrant fee while you are in your home country.
7. Travel to the United States and present the Visa Packet to the Customs and Border Protection officer.
8. Enter the country once the border patrol agent admits you. You are now a lawful permanent resident of the United States.
9. Receive your green card through the mail.

While this is a simplification of the process, the above steps outline what you will generally encounter when going through consular processing. If you have any questions, do not hesitate to contact an experienced immigration lawyer today.