Consular Processing

What is Consular Processing?

Many people outside of the U.S. dream of one day coming to America and starting a life here. Fortunately, there are a few paths that can be taken for people to come to the U.S. and live out the American Dream. One of these paths is called Consular Processing.

This is when the beneficiary of an immigration petition is allowed to apply for an immigrant visa (a Green Card) at a U.S. Department of State consulate in another country to be admitted as a permanent resident in the U.S. The pathway of Consular Processing can be time consuming, stressful, and very emotional.

The idea of coming to the U.S. and joining your loved ones is incredibly exciting,. but without taking all the correct steps, your Consular Processing experience might not end the way you had hoped.

With a skilled immigration attorney by your side helping you throughout the process,. the likelihood that you will be admitted to the U.S. and receive an immigrant visa is much higher.

If you are looking to begin the pathway of Consular Processing, read below to see how Brooks Law can help you achieve your dreams.

What Are the Steps for Consular Processing?

The first step of Consular Processing is determining your basis to immigrate. This essentially means you must determine whether you are eligible to apply for lawful permanent residence (a Green Card).

Typically, most individuals seeking to immigrate to the U.S. become eligible for a green card when a family member who legally resides in the U.S. files an immigration petition on your behalf. However, this is not the only way to be eligible to apply for a Green Card.

Some people become eligible by first obtaining refugee status,. while others utilize other special provisions to come to the U.S. legally.

The second step of consular processing is to file your immigrant petition. There are different petitions you must file depending on your circumstances, and once you’ve determined which petition best fits your situation, a relative will typically have to file the immigrant petition on your behalf.

The different types of immigrant petitions you can file are:

• Family-based immigrant petitions are for when you want to apply for an immigrant visa because of a familial relationship to a U.S. citizen or lawful permanent resident. If this is the circumstance under which you’re applying for a Green Card, your relative must file a Form I-130, Petition for Alien Relative or Form I-129F Petition for Alien Fiancé on your behalf.
• Employment-based immigrant petitions are for when you want to apply for an immigrant visa because of your employment. If this is the case, your U.S. employer should file a Form I-140, Petition for Alien Worker on your behalf. On the other hand, if you are an intending immigrant,. you may be able to file a petition if you plan on investing significant amounts of capital into a U.S. business venture. If this is the case, you would file a Form I-526, Immigrant Petition by Alien Entrepreneur yourself.
• In some special cases, you can also file a Form I-360, Amerasian, Widow(er), and Special Immigrant yourself or have someone file it on your behalf.
• Finally, most humanitarian programs don’t require an immigrant petition, but there might be other additional requirements before you can apply for an immigrant visa.

The third step of Consular Processing is to wait for the decision regarding your petition. U.S. Citizenship and Immigration Services (USCIS) typically notifies the petitioner of the decision. If your petition is denied by USCIS, they will provide reasoning for their decision to deny the petition and if it’s possible for you to appeal their denial.

However, if USCIS approves your petition and you live outside of the U.S., they send your approved petition to the Department of State’s National Visa Center (NVC) where it will wait until your immigrant visa number is available.

Next, the NVC will notify the petitioner and the beneficiary when their petition is received and when your immigrant visa number is available. They also notify you when your immigrant visa processing fees and supporting documentation are due.

Once you receive your visa number from the NVC,. the fourth step of Consular Processing is to go to your appointment for an interview scheduled by the consular office. After your interview, the consular officer will process your case and determine your eligibility for the visa you applied for.

If there are any changes in your petition (like a change of address, if you’ve reached the age of 21 during your consular processing, or if your marital status changes), it’s important to contact the NVC as soon as possible. These factors can impact your eligibility for a Green Card.

The final step of Consular Processing is having your visa granted. It is very important that you enter the United States within six months of this. When you enter the U.S., you are supposed to give your Visa Packet received after the consular interview to the U.S. Customs and Border Protection Officer inspecting you.

The officer will then decide whether or not to admit you to the U.S. as a Lawful Permanent Resident or a Conditional Resident. If USCIS grants you a Green Card, you will be required to pay a USCIS immigrant fee, which pays for the processing and production of your physical Green Card.

Once you pay your USCIS Immigrant Fee, you should receive your Green Card following your arrival in the U.S.

If You Are Considering Consular Processing, Speak With an Immigration Attorney Today.

The pathway of Consular Processing is long, tiring, and incredibly tedious. Any mistakes in your immigrant petition or throughout the process could end in a denial for your Green Card.

However, with skilled and experienced immigration attorneys from Brooks Law by your side, your chances of receiving an immigrant visa to enter the U.S. have never been better.

At Brooks Law, we understand how important the outcome of Consular Processing is to anyone trying to enter the U.S. We take this work seriously, and we are tirelessly committed to guiding you through the process of receiving your Green Card and gathering the documentation required to make it a smooth process.

If you are considering going through Consular Processing and receiving your Green Card, give us a call at (617)-245-8090 for a consultation.