How To Get Green Card In The US Through Consular Processing

There are two primary routes to obtaining a United States green card. The first approach, known as adjustment of status, is used when you are present in the United States. The second approach is consular processing, which involves applying for lawful permanent resident status from your home country.

The consular processing route is crucial for individuals from abroad who wish to secure a US green card (permanent residency) or various other visas while living outside the US. This route requires the individual to apply for and receive a visa, either as an immigrant or non-immigrant, at a US embassy or consulate in their home country.

After being approved, the individual can then travel to the US and enter legally with their valid visa. For those aiming for permanent residency, this journey ends with issuing a green card, which gives the person the right to reside and work in the US permanently.

In other words, the consular process starts with submitting a petition to US Citizenship and Immigration Services (USCIS), which then transfers it to the National Visa Center (NVC). The NVC finishes the green card application process and grants you a visa that permits you to travel to the United States to receive your green card.

Every year, numerous individuals seek a visa or a permanent home in another country through consular processing. So, what is the deal with this? What are the steps involved in the consular process? Who is required to complete this process? This post will enlighten you on the necessary information to keep up with.

The meaning of consular processing

The phrase “consular processing” refers to the process by which individuals who are not US citizens seek to become permanent residents outside the US. This method is used when the individual does not meet the qualifications for changing their immigration status within the US. In consular processing, the individual seeks to become a permanent resident. To do this, they need to meet the following requirements:

• Have a petition that has been approved for immigration and
• Obtain a visa number for an immigrant visa as soon as possible.

After fulfilling these requirements, there are two main paths to becoming a resident: changing their immigration status within the US (adjustment of status) or through consular processing. Put differently, the procedure for applying for a green card can vary based on your geographical location, whether you are in the United States or abroad.

You must go through consular processing if you reside outside the United States. For instance, imagine you are in a foreign country but married to someone holding a US green card, and you are looking to immigrate to the US. In such cases, consular processing permits you to file your immigrant petition from your country.

Your application will be managed by a US embassy or a US consulate in your home country.

Is consular processing the same as adjustment of status (AOS)?

Not at all. Obtaining a visa through consular processing differs from changing one’s immigration status. These are two separate procedures. Individuals who are already in the United States can change their immigration status. However, those outside the country must apply for an immigrant visa through consular processing.

For instance, suppose you entered the United States on a temporary visa and then became eligible for a green card due to the naturalization of a close family member. In that case, you would proceed with the status adjustment process. This involves submitting an immigrant petition, verifying the availability of an immigrant visa number, and then submitting Form I-485.

Following the submission of your application, you will need to attend a biometrics appointment. The USCIS might also arrange for a green card interview. Upon approval of your application, you will be notified of your approval and, subsequently, your physical green card.

The difference between consular processing and AOS

Consular processing is a method for people living abroad or those not eligible to change their status in the US. It includes requesting an immigrant visa from a US embassy or consulate in their home country. After the visa is granted and they enter the US, they are recognized as lawful permanent residents and get their green card.

On the flip side, AOS is for people currently in the US on a temporary visa who can apply for permanent residency without leaving the country. Those applying submit form I-485 to the USCIS, and their status is changed to that of a lawful permanent resident.

Factors like location, eligibility, processing times, and travel plans should be considered when deciding between consular processing and AOS. Consular processing is the only choice for those outside the US, whereas AOS applicants can only travel outside the US when granted advanced parole.

Requirement for consular processing

If you live in a country other than the United States, you will need to follow the consular processing method to apply for a green card. Before starting the application, it is essential to confirm that you meet one of the specified criteria to qualify for a green card.

The consular processing pathway permits people from foreign nations outside the United States to apply for a US visa, whether for permanent residence (acquiring a green card) or a short-term stay. Whether someone can utilize consular processing depends on the kind of visa they are seeking and their unique circumstances.

But the most common basis for eligibility are situations where:

• A family member who is a US citizen is filing a petition for you.
• An employer is filing a petition for you.
• Your refugee, asylum, or other unique status allows you to file a petition independently.

Once you have established your eligibility, you will proceed through the different consular processing steps to obtain a green card.

The consular process stages

• Filing of a petition.

The initial action taken in the consular process is submitting a petition through a sponsor. The sponsor could be a company or a family member who is a US citizen or holds a green card. This individual must complete this form on your behalf, while you, as the beneficiary, do not need to complete it yourself. The two most frequently used to petition are forms I-130 and I-140 for family and employment, respectively.

• The NVC processing.

If the USCIS grants the petition, it will pass it on to the US Department of State’s National Visa Center (NVC). If the petition is rejected, you can request an appeal. Upon receiving the petition, the NVC will inform you. The NVC will not process a visa until your visa number is allocated. Certain visa categories are guaranteed a visa number upon application.

For instance, if your spouse is a US citizen, you can apply for an immigrant visa immediately. However, the process will take longer if your spouse is only a permanent resident. The number of immigrant visas available to non-citizens each year is set by US immigration laws, and you will have to wait until a number becomes available.

Every month, the Department of State publishes a visa bulletin that indicates when a visa number will be available based on your application submission date. You can find the latest visa bulletin online. Additionally, the NVC will inform you when a visa number is close to being allocated.

Then, you must provide the necessary documents and the fees associated with the application process.

• The interview process.

Once a visa number becomes available, a consular officer will schedule your visa interview and let you know the date, place, and time. You must undergo a medical check-up with a physician approved by USCIS. You can locate such doctors on the websites of your local US consulate or embassy, which usually provide more information.

It is crucial to bring your appointment confirmation for the green card interview to the doctor’s office. The doctor will fill out form I-693, which you will present at your visa interview. At your green card interview, you must show a copy of your application packet, passport, any other travel documents, copies of the documents you provided as evidence, your medical examination report, and a government-issued ID card.

The consular officer will inquire about details to verify the correctness of the information you filled out on the forms. They will also seek to confirm the authenticity of your application. For instance, in the case of applying for a green card based on marriage, the officer will probe to ensure the marriage is genuine and not to gain immigration advantages.

For an application based on seeking asylum, the interviewer will aim to ascertain that you genuinely require a green card for protection and safety. It is crucial to maintain complete honesty during this interview.

• Issuance of the visa.

The consular officer will issue you a visa document package if your application is approved following the interview. This package must remain sealed until you arrive in the United States. To process your application and obtain your green card, you must pay the USCIS immigrant fee.

It is advisable to settle this payment before you arrive in the US, although it is possible to make the payment upon entry. However, if you choose to do so, your green card will not be issued until the fee is fully paid. It is important to note that certain applications, like those for children under orphanage programs, may be eligible for a fee waiver.

Upon your arrival in the US, you must present your visa document package to the US Customs and Border Protection (CBP) officer stationed at the port of entry. The CBP officer will then unseal the package and inspect it to verify your eligibility to enter the US as a lawful permanent resident. Upon successful admission, you will be granted lawful permanent resident status.

• The green card.

If you have paid USCIS for your immigrant fee, expect to get your green card by mail within 45 days of your arrival in the United States. Should your card fail to arrive within this 45-day window, it is advisable to contact the USCIS. Should the payment still be outstanding, your green card will not be issued until the fee is settled.

 The timeline

The duration of processing for an immigrant visa can fluctuate based on two primary elements. The first element is the time it takes for USCIS to complete your initial petition. The second element is your petitioner’s or sponsor’s status, whether they are a US citizen or hold a green card.

If your petitioner is a US citizen, the entire procedure could span 6 to 14 months, as a visa number is immediately allocated to you. Nonetheless, this timeline could extend significantly if your petitioner possesses only a green card. You will have to wait for a visa number to become accessible or for your application’s priority date to be current.

Get help!

As observed, the consular process benefits overseas individuals applying for certain visas. Nonetheless, this procedure can be intricate, given that the necessary documents, criteria, and time it takes to process can differ based on the visa type and the specific residency status.

Hence, it is crucial to consult with an immigration lawyer to be guided before proceeding. Our team at Gehi and Associates is ready to assist. Reach out to us now to receive the top-notch legal counsel and direction required.