When you want to immigrate to the United States or bring a family member who is out of the country to live in the U.S. with a family-based visa, part of the application process will take place at a U.S. embassy or consulate outside the country. This is referred to as consular processing.
At Odunlami Law, we assist individuals and families at all stages of the immigration process, including consular processing. We understand how to prepare applicants to avoid potential difficulties, but if a problem does arise, we also know how to overcome the difficulties and keep the process moving forward. As immigrants ourselves, we understand the concerns you face on this journey, and we work hard to ensure that nothing interferes with your ability to reunite with loved ones to enjoy future opportunities together in the U.S.
When is Consular Processing Used?
U.S. immigration law provides two main procedures for obtaining status as a lawful permanent resident with a Green Card. Some individuals who are already located in the U.S. are eligible to complete the process through Adjustment of Status. Many people, however, need to use consular processing to finish the process of gaining a permanent immigrant visa and status as a lawful permanent resident.
While individuals who are currently outside the U.S. need to use consular processing, some people who are already in the U.S. choose to return to their home country for consular processing because sometimes the wait times and filing fees are reduced. In addition, not all applicants who are currently in the U.S. are eligible to apply via Adjustment of Status, so consular processing is the only option available.
How Consular Processing Works
Regardless of whether an applicant will be using consular processing or Adjustment of Status, they will need to have a sponsor file a petition on their behalf with U.S. Citizenship and Immigration Services (USCIS). When an applicant is seeking a green card based on family connections, the petition to be filed is Form I-130 Petition for Alien Relative. Usually, the family member who is a U.S. citizen or lawful permanent resident and who has the close family connection to the applicant also serves as the sponsor. The sponsor must file an affidavit of support pledging to provide financial assistance to the person who is immigrating. If the person filing the petition for a family member is not able to serve as the financial sponsor, someone else can take on the obligation.
If the petition and documents supporting the petition contain the right information, then USCIS will approve the petition and the next phase of the application process begins. USCIS transfers the file to the U.S. State Department’s National Visa Center. Unfortunately, the application will not be processed immediately. The applicant needs to wait until a permanent visa becomes available in their category of eligibility. Someone who is an immediate relative of a U.S. citizen will not have much of a wait because there is no limit on the number of visas that can be issued for individuals in this category. For an applicant in a lower preference category, such as the brother or sister of a citizen in the F4 category, the wait for a visa can take years, particularly if the applicant is coming from a country with a high rate of immigration.
Once a visa is available, the National Visa Center will notify the applicant and ask them to submit the processing fees and additional documentation. Then they will schedule the applicant for an interview at the embassy or consulate, usually the one closest to the applicant’s home. Following the interview, the consulate office will process the case and determine whether the applicant should receive a visa.
Steps After a Visa Has Been Granted
After receiving a visa, there are some steps to take to obtain a Green Card. The consulate will provide a packet of information which the applicant is supposed to bring unopened to the U.S. for immigration officials to open. Before coming to the U.S., it is recommended that the applicant pay the USCIS Immigrant Fee for processing online.
Then when the applicant arrives in the U.S., they give the visa packet to U.S. Customs and Border Protection (CBP) for review. When the CBP admits the applicant officially into the U.S., at that point the applicant becomes a lawful permanent resident with the ability to live and work permanently in the U.S. and they will receive a Green Card identifying their status.
Odunlami Law Can Help Overcome the Challenges of Consular Processing
The immigration process is lengthy and confusing, and mistakes or missing information can increase the delays significantly. At Odunlami Law, we can guide you through the immigration process for yourself or a loved one so that you can avoid common mistakes that could cause an application to be denied. Because we are dedicated to immigration law, we monitor changes in policies constantly, and we can help you take advantage of any new opportunities that can speed the process or provide new avenues to reach your goals.
To find out how we can help with consular processing or other aspects of obtaining a Green Card, contact our team today.
