If you currently reside in the United States on a non-immigrant visa, you may take actions to adjust your status and obtain a green card without having to leave. However, the same luxury may not be afforded to those currently residing outside the country. That is, they must undergo an established procedure known as consular processing. Consular processing typically involves several steps, including the approval of an immigration petition by USICS, case transfer to the NVC, submission of documentation and medical examination forms, and attendance at a visa interview with a local consulate or embassy. With that being said, please continue reading to learn the step-by-step process and how one of the experienced Lancaster, PA consular processing lawyers at Lupton Law LLC can stand by your side from start to finish.

What Is Consular Processing?

Consular processing is a required part of the immigration process in which individuals who live outside of the United States can receive lawful permanent residence through the issuance of a green card. Rather than adjusting their status while in the United States, these individuals must complete their immigration process through a U.S. embassy or consulate in their home country or the country where they currently reside.

In general, this process will commence following the filing of the immigrant petition with the United States Citizenship and Immigration Services (USCIS), which reviews and approves immigrant petitions. Once approved, the document will then be forwarded to the National Visa Center (NVC), where the case will be prepared for a visa interview abroad. Finally, the Department of State conducts the final immigrant visa interview through embassies and consulates abroad.

Consular Processing Overview

  • Consular processing allows individuals outside of the United States to apply for an immigrant visa
  • The process involves multiple government agencies like USCIS, the NVC, and the U.S. Department of State
  • Applicants must complete a number of documents, undergo a medical examination, and participate in a visa interview prior to entering the United States
  • If approved, the applicant will receive an immigrant visa and permanent lawful resident status after entering the country

Who Typically Utilizes Consular Processing?

This process is generally reserved for individuals currently living outside of the United States who wish to obtain permanent residency through an immigrant visa. In many instances, these individuals have family members or an employer in the United States who has filed an immigration petition on their behalf.

Applicants Who Commonly Rely on Consular Processing

  • Family-Based Immigration Applicants
  • Employment-Based Immigration Applicants
    • Employers can file Form I-140, Immigrant Petition for Alien Workers, to sponsor foreign-employees for permanent work in the United States
  • Humanitarian or Special Immigrant Applicants
    • Some refugees, asylees, and individuals in special immigrant categories may complete sections of their immigration process through consular processing
  • Applicants Residing Outside of the United States
    • Individuals who are not legally present in the United States may need to complete the immigrant visa process through a consulate in their home country or the country where they currently reside

What Is The Step-By-Step Process Of Consular Processing?

While the term may make it seem like it is one step in the very extensive United States immigration process, consular processing is a multi-step procedure. It is first initiated when the United States Citizenship and Immigration Services (USCIS) approves an immigration petition filed on your behalf, usually by a family member or employer. Upon approval, your petition may be transferred to the United States National Visa Center (NVC). The NVC may assign you an immigrant visa number and provide further instructions on how to proceed.

Consular Processing Step-by-Step

  • USCIS Approves the Immigrant Petition
    • USCIS reviews and approves the underlying petition filed by the family member or employee on behalf of the applicant
    • Generally, petitions are Form I-130 or Form I-140
  • Case Transfers to the National Visa Center (NVC)
    • After approval, USCIS will forward the case to the NVC
    • The NVC will assign a case number and provide additional instructions for any additional required documentation
  • Submit Required Documents and Financial Forms
    • The applicant must provide civil documents confirming their identity, like birth certificates, passports, and any police records
    • The sponsoring relative or employer is required to submit Form I-864 (Affidavit of Support)
  • Complete the Medical Examination
    • Applicants are required to attend and undergo a medical examination with a physician approved by the embassy
    • This process may require vaccinations and health-screenings
  • Attend the Consular Interview
    • All applicants must attend an in-person interview at their local U.S. embassy or consulate
    • The consular officer will review documents to determine eligibility for an immigrant visa
  • Administrative Processing and Visa Decision
    • Some applicants may need to undergo additional administrative procedures prior to approval and the issuance of their visa
  • Travel to the United States
    • Upon arrival at a United States Port of Entry, the applicant will show their visa packet to the Customs and Border Patrol (CBP) officer
  • Issuance of Green Card
    • After admission to the country, the individual will become a lawful permanent resident and receive a green card

How Do Consular Processing and Status Adjustment Differ?

It’s no secret that U.S. immigration law is incredibly complicated, and often results in confusion. This is often the case for immigrants who believe that consular processing and an adjustment of status are the same. However, these are two distinct processes that depend on where the applicant is at the time they file the petition.

Understanding the Differences

  • Consular Processing
    • Used for those residing outside the country
    • Required an interview with a U.S. embassy or consulate officer
    • Applicants may enter the United States once their visa is approved
  • Adjustment of Status
    • Used by individuals lawfully present in the United States
    • Allows applicants to seek permanent residency without leaving the country
    • Handled entirely by USCIS

Why Should I Have A Lawyer Guide Me Through Consular Processing?

As you can likely tell from the steps outlined above, consular processing is generally complex and time-consuming. If you can go through this process without a hitch, so to speak, it may take six months before you can finally gain entry to the United States. But a flawless process is not the norm. Unnecessary delays may arise when you miss an instruction laid out by the NVC, do your medical examination with a physician who is not pre-approved, or do not prepare well for your interview, for example.

Reasons Applicants Work With Immigration Attorneys

  • Preparing Required Documents
    • Attorneys help ensure forms, financial documents, and civil records are submitted correctly
  • Avoiding Procedural Delays
    • Legal guidance can help applicants avoid mistakes that can result in considerable delays in the immigration process
  • Interview Preparation
    • An attorney can help you adequately prepare for the consular interview so you feel confident during this process
  • Addressing Visa Denials or Complications
    • Should any issues arise, legal counsel can assist you in determining the next steps

Contact an Experienced Consular Processing Attorney Today

With these issues, your consular processing may take years. Or, in a worst-case scenario, your immigration petition may be rejected altogether. Well, the easiest way to avoid these unfavorable outcomes is to have a seasoned lawyer help you throughout. To conclude, there is no need to go through the important step of consular processing alone, as the team at Lupton Law LLC is here to represent you. Please seek the support and assistance of one of the skilled Lancaster, PA, consular processing lawyers. Contact our team today to learn how we can represent you.