Consular Processing

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The Basics of Consular Processing

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In order to qualify for consular processing, you must currently reside outside the United States and otherwise meet the conditions of eligibility for lawful permanent residency. This means you must be eligible to receive a green card through employment, your family, or some other special circumstance.

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Your sponsor will need to petition for a green card on your behalf, the application of which will need to be reviewed and approved by United States Citizenship and Immigration Services (USCIS). This is an unavoidable step that will likely take several months or even over a year.

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After your petition is approved, you will need to ensure a green card is currently available to you. If yours is a marriage-based green card, it will likely be available immediately, but those in other categories may experience additional wait times.

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When your visa is available, you will be contacted by the National Visa Center (NVC) about submitting a green card application via consular processing. You will need to provide documents and fees through Form DS-260.

You will next have to undergo a medical exam. This cannot be done with just any healthcare professional; the exam must be conducted by a USCIS-approved doctor.

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If NVC is satisfied with your green card application, they will schedule a mandatory, in-person interview at your local embassy or consulate. The USCIS officer will ask questions about your application and review other materials you provide. In most situations, you will either learn whether your green card is approved at the interview itself or a week or so later.

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Finally, you will receive a travel visa and a sealed envelope with your application materials. With this visa, you will have 6 months after the date of your medical exam to travel to the United States with your materials. At an official port of entry, a United States border officer will unseal your envelope, confirm your materials, and grant you entry. The visa will now allow you the ability to travel to and from the country for 12 months. During this period, your official green card granting you lawful permanent residency will be mailed to your United States address.

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Advantages to Consular Processing

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Some clients come to us unsure of why they should consider consular processing over adjustment of status. Often the best strategy comes down to your individual circumstances and should be evaluated on a case-by-case basis, but there are a number of clear advantages to consular processing. Our Sherman Oaks consular processing attorney can assess your situation and explain how the process might impact you in your specific circumstances.

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Benefits to pursuing a green card through consular processing include:

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• Lower application fees. In many situations, filing fees for adjustment of status applicants more than double those of consular processing applicants.

• Lower wait times on average. Consular processing is generally more efficient than adjustment of status. Processing times for AOS applications often exceed a year or more, while consular processing typically only takes 5-13 months total.

• Reduced odds of disruption. AOS applicants must currently reside in the United States and in most situations face significant restrictions on their ability to work and move in and out of the country. If an AOS application is rejected, any life the applicant has built in the United States will likely have to be heavily adjusted or abandoned. By applying through consular processing, you can continue to live and work in your home country while you wait for a decision without direct, related interruption.