WHAT IS CONSULAR PROCESSING?
Consular processing is the process of applying for a U.S. visa from outside of the United States. If you’re applying for a U.S. visa from your home country, that application process is known as “consular processing.” In some instances, visa applicants who are already in the United States may need to leave the U.S. and return to their home country for consular processing. By consular processing we talk about the method immigrants use to obtain permanent residence from outside the United States. This method is also used when the immigrant is not eligible to use adjustment of status. With the consular process the immigrant seeks to obtain permanent residence. To do this, you must first comply with the following:
- Be a beneficiary of an approved immigrant petition.
- Have an immigrant visa number immediately available.
With these requirements fulfilled, you now have 2 main ways to obtain residency: adjustment of status or the consular process.
U.S. Citizen and Immigration Services (USCIS) describes consular processing as follows:
“If you are outside of the United States, you may apply at a U.S. Department of State consulate abroad for an immigrant visa in order to come to the United States and be admitted as a permanent resident. This pathway is referred to as consular processing.”
Once the USCIS approves an immigrant petition, it will forward it to the U.S. Department of State’s National Visa Center, which will process the case for scheduling at the embassy or consulate where the applicant lives. The petitioner and the beneficiary will then be notified how to proceed.
Consular Processing Step by Step
1. Make Sure You Are Eligible to Immigrate-Determining eligibility for legal immigration is the most important step. To be eligible you must have a petition from a family member or employer or process it through asylum, refuge, and other exceptions.
2. Submit the Immigration Petition-Once the previous step has been verified, in general, you should have a person to present the petition on your behalf.
3. Wait for USCIS Decision-When USCIS makes its decision it will notify the petitioner. When they deny it, the reasons for the denial will be notified too. After the petition is approved and USCIS notifies you of the decision, send the petition to the State Department’s National Visa Center (NVC). It will remain there until a visa number is available to you.
4. Wait for Notification from The National Visa Center-The NVC will notify the petitioner and the beneficiary (you) once the visa petition is received, and the visa number is available. This agency is responsible for collecting the service fee for visa applications and other supporting documents. So, the NVC will also notify you when you should send the payments corresponding to the immigrant visa (fee bills) and other details.
5. Attend the Appointment-Upon receiving notification that the visa is available or also that the priority date is in effect, the consular office will send you an appointment for the interview. The processing of the case will be completed by the consular office, which will decide if the beneficiary qualifies to obtain an immigrant visa.
6. Notification of Changes To NVC-Any change of address, marital status or reaching the age of majority (21 years), must be reported to the National Visa Center. Remember that these changes may affect visa availability or beneficiary eligibility.
7. Obtaining the Visa-When the beneficiary receives an immigrant visa, he will receive an information package (visa package) from the hands of a consular officer. This should not be open. The person must pay the USCIS Immigrant fee to generate the Green Card. The recommendation is to pay the fee after receiving the visa package but before traveling to the United States. When you arrive to the U.S.A you must deliver the visa package to the CBP officer at the port of entry. This officer from the Customs and Border Protection Service will examine you and determine if you are admitted as a permanent resident in the United States. With this last step you will already obtain permanent resident status.
If you need help with filling a petition you can hire one of our trained professionals here.
