Consular Processing for Immigrant Visa and Non-Immigrant Visas

Consular Processing for Immigrant Visas

Consular processing for immigrant visas allows foreign nationals to obtain a green card by applying at a U.S. Consulate abroad. This process involves an interview with a consular officer and requires careful preparation to ensure all documentation is correct. Our immigration attorneys will evaluate whether any grounds of inadmissibility apply and determine if a waiver is necessary to help you obtain a green card through consular processing.

Key Steps for Consular Processing for Immigrant Visas:

1. Approval of Immigrant Petition: The process begins with USCIS approval of the immigrant petition.
2. Notification to the National Visa Center (NVC): The approved petition is sent to the NVC.
3. Payment of Visa Fees: You must pay the required visa fees.
4. Instruction Packet: The NVC sends you forms, a list of required documents, and instructions.
5. Submission of Forms and Documents: All requested forms and supporting documentation must be returned to the NVC.
6. Interview Scheduling: Once your visa number becomes available, the U.S. Consulate will schedule an interview.
7. Medical Examination: A medical exam by an authorized physician is required prior to the interview.

Consular Processing vs. Adjustment of Status (AOS)

There are two primary methods of obtaining a green card: Consular Processing and Adjustment of Status (AOS). Here are the differences:

1. Location:
   • Consular Processing: The applicant applies for their green card at a U.S. Consulate abroad.
   • Adjustment of Status: The applicant is already in the U.S. and files to adjust their status without leaving the country.
2. Processing Time:
   • Consular Processing: It may take longer due to USCIS backlogs and reliance on the U.S. Consulate’s schedule and availability. Additional delays can occur depending on the consulate’s workload.
   • Adjustment of Status: It can be quicker since it doesn’t rely on a consulate’s schedule or availability. Applicants remain in the U.S. and only deal with USCIS processing times.
3. Travel Restrictions:
   • Consular Processing: You cannot re-enter the U.S. until the immigrant visa is issued.
   • Adjustment of Status: You can remain in the U.S. and may travel with Advance Parole.
4. Risk Factors:
   • Consular Processing: Denials could lead to long delays or being barred from re-entering the U.S. for a period.
   • Adjustment of Status: Denials allow more options for appeal within the U.S., offering greater flexibility.

Strategic Reasons to File for Adjustment of Status (AOS)

In many cases, Adjustment of Status is recommended for strategic reasons. Examples include:

1. Maintaining Lawful Presence: Individuals who are already lawfully present in the U.S. on visas such as H-1B or F-1 can remain in the country while waiting for their green card. This is a major advantage since they don’t need to leave the U.S. and can continue working or studying.
2. Appealing Denials: If an AOS application is denied, there are more options to appeal the decision or request reconsideration without leaving the U.S. This provides a greater safety net for individuals who may have minor issues in their application.
3. Avoiding Long Delays: Adjustment of Status can be strategically advantageous for individuals who don’t want to face the uncertainty and delays that can arise from Consular Processing. For example, during times when U.S. consulates are experiencing long backlogs due to factors like global pandemics or administrative delays, AOS can provide a smoother, more predictable path to obtaining a green card.

Strategic Reasons to File for Consular Processing

However, in certain situations, Consular Processing may still be the better choice. Examples include:

1. Ineligibility for AOS: Individuals who are not eligible for Adjustment of Status—such as those who entered the U.S. unlawfully or overstayed their visa—may have no choice but to pursue Consular Processing to obtain an immigrant visa.
2. Faster Processing in Some Cases: In situations where the U.S. consulate is processing visas more efficiently, Consular Processing may lead to faster approval compared to the Adjustment of Status backlog with USCIS. This may be the case for certain employment-based immigrants from countries where there are fewer applicants.
3. Living Outside the U.S.: For individuals who are currently living abroad, Consular Processing is the default and often more straightforward path to obtaining an immigrant visa.

Consular Processing for Non-Immigrant Visas

Consular processing for non-immigrant visas applies to temporary stays, including work, study, or tourism. The applicant must complete the visa application process, pay fees, and attend an interview at a U.S. Consulate.

Non-Immigrant Visa Categories Eligible for Consular Processing:

• B-1/B-2: Business and tourism.
• F-1: Academic students.
• J-1: Exchange visitors.
• H-1B: Specialty occupation workers.
• L-1: Intracompany transferees.
• O-1: Individuals with extraordinary ability.
• P-1: Athletes and entertainers.
• R-1: Religious workers.
• E-1/E-2: Treaty traders and investors.

Steps for Non-Immigrant Visa Consular Processing:

1. Visa Application: Submit the visa application form (e.g., DS-160).
2. Pay Fees: Pay the required visa fees.
3. Schedule an Interview: Schedule an interview at a U.S. Consulate.
4. Prepare for the Interview: Gather all necessary documentation such as your passport, visa confirmation, fee receipt, and supporting documents relevant to your visa category.
5. Interview: Attend the interview with the consular officer, who will assess your eligibility.

Why Choose Us?

At The Ahluwalia Firm, we provide expert assistance for both consular processing for immigrant visas and non-immigrant visa consular processing. We will guide you through every step of the process, from document preparation to interview assistance, ensuring a smooth and successful process. We also help address any complications, including cases placed on hold under INA 221(g).

Contact us today for reliable, professional support with your immigrant or non-immigrant visa consular process