NAVIGATING THROUGH THE UNITED STATES’ IMMIGRANT VISA CONSULAR PROCESSING

Getting an immigrant visa to the United States is different from other visas like tourist, student, or work permits that let you stay for a certain period. An immigrant visa gives you the chance to live here forever and look for a job. Today we will be talking about navigating through the United States’ immigrant visa consular processing.

Every year, the US gets hundreds of thousands of applications for immigrant visas. People apply for many reasons like being related to someone in the US, getting a job, or for any other reason. Everyone wants to get an immigrant visa to get a chance to get a green card to stay here legally.

If you are from another country and want an immigrant visa, you will usually need to go to the US consulate or embassy near you. One way to get an immigrant visa is through something called consular processing, which also gives you a green card to live and work in the US.

You can only try consular processing if you are going to move to the US but you are not there yet. If you are already in the US and trying to get a green card, consular processing won’t work for you.

When you are applying for an immigrant visa as a foreigner, you will have an interview at a US embassy or consulate in your area. The whole process can be tough to figure out, but an immigration lawyer can help you step by step without worrying.

Here are a few important things to remember about the process.

Brief info on an immigrant visa

Getting an immigrant visa is a way to make the US your home for good. You can snag one either by having a family member or a job lined up. If you decide to go for an immigrant visa, you have to meet some basic stuff to stay and work here forever.

This could be if you are related to an American citizen or a permanent resident, like a spouse or a kid. Or, you could get one by getting a job offer that sticks around for a while.

There are some immigrant visas you can go for without needing a job from an employer. An immigration lawyer can tell you more about these.

If you are thinking about switching from a nonimmigrant visa to an immigrant visa, you should talk to an immigration lawyer to help you out.

Overview on consular processing

If you are thinking about moving to the US and want to get an immigrant visa, you need to head to a US consulate in your country to finish up your application. This process, called consular processing, is how the US government helps you get an immigrant visa from your home country.

It is one of the two main ways to get a green card in the US. The other way is to change your status from a nonimmigrant to an immigrant while you are already in the US. Even if you are not in the US yet, you can still get an immigrant visa through consular processing. Reach out to an immigration lawyer to see if consular processing is right for you.

When is consular processing a great option?

Most people who want to get a green card have to go through the consular processing route, especially if they are trying to get into the US. But, there is another way for some folks already in the US, like those with a valid visa or who are on their way to becoming US citizens, to get their green card without having to go to a US consulate. They just need to gather their paperwork and meet with someone from USCIS.

However, not everyone can use this method. If your visa isn’t good or you got into the US without permission, you are out of luck. You will have to head back to your home country to apply for an immigrant visa through consular processing.

If you are in the US without permission, it is a good idea to talk to an immigration lawyer. If you have been here for more than 180 days, you might not get a green card. Instead, you could end up not being allowed to come back to the US. Even after you leave, you could still face penalties for being here illegally, even without a green card.

The law says the US consulate has to keep you out for 3 years if you were here for 180 days to a year or 10 years if you were here for more than a year. If this sounds like you, you should definitely see an immigration lawyer. You can try to get a waiver from USCIS, but it is not easy.

How the consular process works

• Find the right immigrant visa for you.

Before you can start the consular processing, you need to figure out which type of immigrant visa you qualify for. Most people get their green cards through petitions they file themselves, from a family member, or an employer.

If you are aiming for an immigrant visa, make sure you meet the requirements. The USCIS will approve your initial petition if it comes from a family member or employer, who will be called the petitioner or sponsor.

• Start the petition process.

The next step is to file a petition. Someone needs to do this on your behalf, whether it is your employer or a family member (either a US citizen or a green card holder). You don’t have to file this form as the person who will benefit from it.

There are two main types of petitions your sponsor might fill out. Form I-130 is for petitions based on family ties, and Form I-140 is for those related to employment.

• Get the approval on your petition.

Once your petition is approved, you can move on to the consular processing stage, which is the next step in the process. This happens in your home country. If the USCIS turns down your petition, you will get a letter explaining why and whether you can appeal.

If your visa application is approved by USCIS, it will be forwarded to the US Department of State’s National Visa Center (NVC). The NVC will inform you when they receive your approved petition.

• The NVC phase.

The NVC will only take action on your petition if you have a visa number. Immigrant visas are automatically available for certain categories. For example, you can get an immigrant visa automatically if your spouse is a US citizen. However, if your spouse is just a green card holder, you will have to wait longer.

US immigration law sets the limit on the number of immigrant visas noncitizens can receive each year. You will have to wait until you are assigned a visa number.

The Department of State releases a monthly visa bulletin that tells you when you will get a visa number based on the date you submitted your petition. You can check this online or talk to an immigration lawyer.

The NVC will also inform you when you can expect to get a visa number when you need to submit more documents, and how much the processing fees will be.

At this point, you need to fill out a DS-260 form and provide the right documents to back up your application. You will also need an affidavit of support.

Once you have completed the DS-260 form, print out the receipt page and bring it with you to your interview at the US Embassy. The NVC will then review your application and all the documents you have submitted to support it.

• The interview process.

Once you have a visa number, your consular officer will set up your interview and let you know when, where, and how to get there. Before your interview, you need to go for a health check-up with a doctor who is accepted by the USCIS. You can ask an immigration lawyer for a list of these doctors and more info.

Make sure to bring your appointment letter to the doctor’s office. The doctor has to fill out a form called I-693 (which is a report on your health and vaccine records). You have to bring that to your interview.

Take all the stuff related to your application with you to the interview. This includes a copy of the application form, your passport, and any travel papers you might have if you are moving between the interview and your application.

You must also bring copies of any supporting documents you have sent in, as well as health records and government IDs. The officer will also ask you questions to make sure the info you gave on the forms is correct. They will also check if your application is legit, like if you are actually married and not just trying to get a visa. It is really important, to be honest, to go through it all the way.

Getting an immigration lawyer will help you get ready for the interview.

• Getting your visa or getting turned down.

Once you have been interviewed and your application is okay, you will get a visa packet from the consular officer. You can only open it when you get to the US.

To get your green card, you need to pay the US Citizenship and Immigration Services immigrant fee. It is a smart move to pay it before you come to the US. You can pay it when you arrive, but if you do, your green card will be ready once you pay the fee. Only some applications, like kids from orphan programs, don’t have to pay.

Once you get to the US, you will hand over your visa packet to the CBP officer at the US port of entry. They will open it and check you to make sure you can legally enter the US as a resident. After you are permitted to enter, you should get your green card pretty soon.

Get help!

If you are from another country and want to move to the US permanently, you need to go through the consular processing. But this can be super frustrating. That is why it is crucial to get an immigration lawyer to help you out.

At Gehi and Associates, we have a team of immigration lawyers ready to tackle any visa application. We have helped many people successfully complete this process, and we promise to handle your immigration issues smoothly. Connect with us today to find out more!