What Does Consular Processing Look Like?

You may be one of many individuals who reside outside the United States but wish to enter and stay in the country legally. Well, the United States Department of State’s consulates and embassies abroad regulate who gets granted this special access through consular processing. For more, please continue reading to learn what consular processing looks like and how one of the experienced consular processing lawyers at Lupton Law LLC can walk you through it.

What does consular processing look like for immigration applicants?

To reiterate, consular processing is typically reserved for individuals who live outside the United States looking for permanent resident status (i.e., applying for a green card). Further, they usually have a United States citizen or permanent resident petitioning on their behalf (i.e., a family member, an employer, etc). Or, if they are a refugee, asylee, or part of another special status, they may petition for themselves.

At any rate, the process starts with a petitioner filing an application with the United States Citizenship and Immigration Services (USCIS). For example, a family member may file Form I-130, Petition for Alien Relative, to get their loved one a family-based visa. Or, an employer may file Form I-140, Petition for Alien Workers, to get their prospective employee an employment-based visa. Hopefully, the USCIS will approve this petition and, from here, send it to the National Visa Center (NVC). The NVC may then schedule your consular interview with the United States consulate or embassy in your home country or country of current residency.

The consular interview, in and of itself, has many steps that you must follow. Namely, there is a required medical examination, along with necessary documentation and fees. But the best-case scenario is that, at the end of it, an officer may deem you eligible for permanent resident status in the United States.

How is consular processing different than adjustment of status?

You may have heard consular processing and adjustment of status used interchangeably. However, you may not be eligible for both processes. This is because, again, consular processing is designated for individuals residing outside these country’s borders. On the other hand, adjustment of status is for those who are already legally present in the United States with a non-immigrant status, who are seeking to change it to a permanent resident status.

With this, an adjustment of status petition may be processed while an individual remains in the United States. What’s more, an individual may be allowed to travel out of the country during this time, so long as this is approved beforehand. There is also the possibility of work authorization.

In conclusion, one of the skilled consular processing lawyers can help kickstart your legal action today. Our team at Lupton Law LLC will happily take on your case.