Consular Processing
Consular processing is the procedure of applying for an immigrant visa (green card) through a U.S. embassy or consulate in a foreign country generally your home country abroad.
Consular processing is generally a multi-step process:
- Submit Form I-130 to USCIS to establish a bona fide marriage
- USCIS transitions the case to National Visa Center (NVC)
- Once a visa is available and the NVC has received the DS-260 and all supporting documents including the Affidavit of Support, the consular office will schedule the beneficiary for an interview
- See a USCIS-approved doctor for a medical exam before interview
- Attend interview and if your application is approved, you will receive a visa allowing you to travel to the United States
A U.S. citizen or lawful permanent resident (green card holder) may petition for certain family members to live in the U.S. and receive green card. The entire process begins when the U.S. citizen or lawful permanent resident files Form I-130, Petition for Alien Relative. The purpose of Form I-130 is to establish a qualifying relationship so that the relative may apply for a green card. This is generally an area that poses some difficulty. USCIS requires substantial evidence of a bona fide marriage. And lack of sufficient proof and supporting documents can lead to denials. Don’t let this part of the application process lead to a denial. Our office will work with you, your friends and family and other individuals to make sure that we present as much evidence as we can to ensure that USCIS understands that your marriage is real!
After your petition has been approved, a central office known as the National Visa Center (NVC) will take care of transferring your file to the appropriate consulate. During this time, the Affidavit of Support will be submitted. You must show that your household income is equal to or higher than 125% of the U.S. poverty level for your household size. Your household size includes you (sponsoring spouse), your spouse (green card applicant), any unmarried children under age 21 (or the age of majority where they live), anyone else you claim as a dependent on your tax return, anyone who will be applying for a green card and arriving to the United States with your spouse, anyone else you are sponsoring on a separate Affidavit of Support.
After the consular forms are completed the final step is obtaining your visa and to attend an interview with a U.S. consular official. For a more detailed analysis of the advantages and disadvantages of consular processing versus adjustment of status for your specific situation call our office today.
Call today and schedule a consultation!
Pelican Johnson Immigration Law, PA., can help determine your eligibility and help you get started with the application process.
Next Steps
After everything else is done, you are now a U.S. green card holder and you can live and work freely in the United States. But bear in mind – if you received your green card thanks to your marriage and you’ve been married for less than 2 years, you will only get a 2-year green card. After 2 years, you can apply for a non-conditional green card if you’re still married. See Removal of Conditions for more information about how to get permanent green card.
Dangers of Leaving the U.S. for Consular Processing If You’ve Stayed Unlawfully
For immigrants who have lived unlawfully in the U.S. for 180 days or more, consular processing might not lead to a green card, but to a bar on returning. By leaving the U.S., they become subject to penalties for their unlawful stay. Even if they otherwise qualify for a green card, the consulate must, under the law, bar them from reentering the U.S. for three years if their unlawful stay was between 180 days and one year, or ten years if their unlawful stay was one year or more. If you think this is your situation CALL OUR OFFICE TODAY.
There may be a waiver available to you.
Pelican Johnson Immigration Law, PA., can help determine your eligibility and help you get started with the application process.