Consular Processing
Foreign nationals based overseas may process their immigrant visas at consular posts in their home countries through Consular Processing. However, if a foreign national is already in the U.S., he/she may process their immigrant visas through Adjustment of Status or Consular Processing. One of the major differences between Consular Processing and Adjustment of Status is that if a case is denied through Consular Processing there is no option to challenge the decision through the appellate process. However, through the Adjustment of Status process a case which has been denied may be appealed with attorney representation at the appeal and the initial green card interview at the local immigration office.
Individuals who violated their status in any way are not eligible for Adjustment of Status under any of the exemptions and must return to their home country for Consular Processing. In order to avoid potential problems or delays associated with the issuance of a visa, one should be familiar with the relevant sections of the Immigration and Nationality Act and the regulations of U.S. Citizenship and Immigration Services (USCIS). An experienced immigration attorney can assist you with these rules.
Application Process
The immigrant visa processing is initiated by the National Visa Center. It’s role is to review the approved immigrant petition for accuracy and completeness. If the immigrant visa application can be processed immediately, a packet of instructions is sent to a designated agent, or attorney. The petition itself is forwarded to the appropriate overseas post for further processing and visa issuance. If the applicant's priority date does not allow immediate processing, the petition is stored at the facility and a letter of explanation is sent to the applicant or attorney, advising that the packet of instructions will be sent when the priority date becomes current.
Unlike non-immigrant visas, which are attached to the applicants' passport, the immigrant visa is the form DS-230, together with an endorsement by the consular officer and the supporting documents. These documents are placed in a sealed envelope for travel to the U.S. An immigrant visa is valid for travel to the U.S. for a period of up to six months. Once the visa is granted, the applicant must enter the U.S. while the visa is still valid.
Immigrant Visa Processing
In order to be eligible for an immigrant visa, the applicant must establish entitlement under one of the classifications under the Immigration and Naturalization Act. To be eligible the applicant must be:
- The beneficiary of an approved visa petition granting family-based immediate relative or preference classification
- They must be granted an approved employment-based preference visa
- A derivative family member ( spouses and minor unmarried children) accompanying the primary applicant)
- The foreign national qualifies for a visa under special legislation such as the diversity lottery provision, for example
In most instances Consular Processing involves returning to the country of the foreign national's nationality or last residence.
Please contact us to start your immigration application now.