Consular Processing Guide
Table of Contents
Understanding Consular Processing
Beneficiaries of approved immigrant visas living outside of the United States use a procedure known as “consular processing” to become lawful permanent residents. So, if you petition for the immigrant visa of someone who is not currently living on U.S. soil, they will use consular processing to obtain a green card. This process of becoming a lawful permanent resident is different from the process immigrants experience when they’re already living in the United States.
Beneficiaries of approved immigrant visas already living in the United States apply directly to U.S. Citizenship and Immigration Services (USCIS) for an adjustment of status to get their green cards once a visa becomes available. Meanwhile, beneficiaries of immigrant visa petitions who are living abroad use the consular processing procedure to obtain their green card.
Consular processing begins at a U.S. embassy or a U.S. Department of State consulate abroad and ends at a port of entry. In this consular processing guide, we explain the entire process, because we understand that our future clients like to feel informed before meeting with an immigration attorney.
Consular Processing Requires Guidance from an Experienced Immigration Attorney
At Natalia Darancou Law, PLLC, we know how to use the complex Immigration and Nationality Act (INA) to get the most favorable outcome for our clients.
Our goal is to take that weight from your shoulders so that you can experience the benefits and rewards of immigration without the headache. Whether you are petitioning for immigrant visa of a valuable future employee or a cherished family member – or if you are self-petitioning – the legal team at Natalia Darancou Law can help.
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Consular Processing Starts with a Visa Petition
Most immigrants obtain their green cards through a family member or a U.S. employer by way of an immigrant visa petition.
Although some U.S. humanitarian programs don’t require immigrant visa petitions and some foreign nationals are allowed to self-petition for an immigrant visa, the process of obtaining a green card typically starts with being named as a beneficiary on an immigrant visa petition.
This is true whether the beneficiary lives within the United States and will use the adjustment of status process or lives outside the United States and will use consular processing.
If you would like to sponsor the immigration of a foreign national living in another country, you must start by petitioning USCIS on their behalf.
Which form you must use to petition for their immigration depends on whether you are their family member or their future employer.
Sponsoring an Immigrant as a Family Member
If the person you wish to sponsor is a relative, your immigration attorney will help you prepare and file Form I-130, Petition for an Alien Relative.
Sponsoring an Immigrant as a U.S. Employer
If the person you wish to sponsor is your future employee, your immigration attorney will help you prepare and file Form I-140, Petition for an Alien Worker.
Special Circumstances
If you are VAWA self-petitioner, are a National Interest self-petitioner, or have another special situation, your immigration attorney will explain every step of the process and help you prepare all documents that may be needed based on your individual circumstances.
Once USCIS approves your petition for the immigrant visa, the agency informs the National Visa Center (NVC).
Consular Processing and the National Visa Center
The NVC is part of the U.S. Department of State. When the NVC is notified by USCIS that your visa petition was approved, you and the beneficiary of your petition will be sent a letter from the NVC letting you know they received it. The Center typically won’t reach out again until the immigrant’s visa number becomes available.
In the meantime, the immigrant will not have to reach out to the NVC unless they make a major life change such as changing their marital status or their home address. If they do experience a major life change such as getting married, getting divorced, or moving, it’s crucial to alert your immigration attorney. Your attorney will be able to properly inform all relevant agencies on their behalf and determine a path forward.
The NVC will notify the immigrant when it’s time to pay fees or provide documentation.
When it’s time, the immigrant will be instructed to complete and submit Form DS-260, Application for Immigrant Visa and Alien Registration. This is the immigrant’s actual green card application. Form DS-260 can be completed online using the Consular Electronic Application Center. When this form is submitted, the immigrant should print and save the confirmation page. This confirmation page will be needed for the in-person interview.
The NVC will reach out by mail or email confirming that they have received the DS-260 and providing instructions for submitting documents. Some consulates allow for uploading digital versions of documents, but others require hard copies.
Don't Risk Your Future By Taking On The Process Alone!
Consular Processing and the Immigrant Visa Interview
Soon after a visa becomes available or the priority date becomes current for the beneficiary of your visa petition, they will be sent an appointment package notifying them that an interview has been scheduled for them.
The interview is perhaps the most daunting part of consular processing. Until this point, consular processing is a waiting game. This interview takes place at a U.S. consulate or embassy. The notification will state the exact location.
It’s important for the beneficiary of the visa petition to prepare for their consular processing interview in advance. Your immigration attorney will offer many suggestions and instructions to ensure the interview goes smoothly.
Preparations for the consular processing interview include:
- Attending a medical examination by a USCIS-approved doctor, including updating vaccinations and obtaining proof of previous vaccinations
- Checking passport expiration dates
- Obtaining two identical photographs
- Paying all processing fees
- Checking that all documents needed for the interview have duplicates
- Ensuring that certified translations of foreign language documents are accurate.
The immigrant must bring the confirmation page provided when submitting Form DS-260, all original documentation, their passport and anything else recommended by your attorney.
When the immigrant arrives at the consulate or embassy, the consular officer places them under oath and asks several questions. All family members included as derivative immigrants on the visa petition should attend this interview if they are 14 years old or older.
As the sponsor of the petition, you are welcome to attend the in-person interview. By attending the interview with your family member or employee, you may be able to reduce the number of follow up questions.
During the interview, the immigrant will also submit fingerprints. Typically, when using consular processing, the immigration officer makes a decision within a week. Sometimes you may even be told right away whether the green card application is approved.
Consular Processing After the Interview
The beneficiary of the immigrant visa should make no major life changes based on the belief that the application will be approved. Please ensure that they don’t sell their home or cut ties at work in case the application isn’t approved.
Consular Processing & The Visa Packet
Once the application is approved, the immigrant will receive a packet in the mail called a “Visa Packet.” The Visa Packet comes sealed and should not be opened. It’s the immigrant’s responsibility to keep the Visa Packet sealed and hand it directly to the U.S. Customs and Border Protection (CBP) officer at the port of entry when they arrive in the United States.
U.S. Customs and Border Protection Inspection
When the immigrant arrives at a port of entry, they will hand their sealed Visa Packet to the CBP officer. The officer will inspect the packet and the immigrant. Border patrol will ask some questions and ultimately decide whether to grant entry. As soon as the immigrant is granted entry, the immigrant officially becomes a green card holder. The physical copy of the green card will be sent in the mail, but they become a lawful permanent resident the moment the border patrol officer lets them into the country.
Immigration Attorney for Consular Processing
An immigration attorney with experience takes the guesswork out of consular processing and functions as an immigrant’s greatest advocate. For comprehensive immigration advice, contact Natalia Darancou Law, PLLC today.
