Immigration Has No Borders
Consular processing is a method of processing an immigrant visa (green card) through an American Consulate abroad. Consular processing requires an interview with the consular officer. Therefore, it is very important for foreign nationals to evaluate their particular situation before proceeding to consular processing. Our immigration lawyers can evaluate whether any grounds for inadmissibility applies and, if so, whether a waiver of inadmissibility is available to obtain the green card through consular processing. We also have experience in handling complex waivers.
In regards to the immigrant visa, consular processing usually commences upon the approval of an immigrant petition by the USCIS. Upon approval, USCIS sends the notice to the National Visa Center (NVC). NVC will then send a notice containing the visa fees which must be paid in full. Once the NVC receives the required visa fees, they will send you an instruction packet containing several forms, a list of documents, and instructions to further process your case. All the completed forms and requested documents must be returned to the NVC. Subsequently, if the visa number in your preference category and for your country of chargeability is current, a foreign national will be scheduled for an interview with a U.S. Consulate aboard. You will be required to submit a medical examination report from an approved physician of that U.S. Consulate at the time of your interview.
A foreign national who is maintaining his nonimmigrant visa status in the United States will have an option to immigrate via consular processing through an American Consulate abroad or through Adjustment of Status in the United States. There are both pros and cons of consular processing. The benefit of consular processing is that processing time may be faster than the adjustment of status process in the U.S. On the other side, if the consular officer finds any document is missing or requires additional information the foreign national is lacking, the process could be delayed. You may not be able to return to the United States until processing is complete.
In certain situations (for example where the foreign national or his/her dependent has worked in the United States without USCIS employment authorization or has failed to maintain the status in the U.S. for six months or longer), consular processing may be an option to obtaining the immigrant visa. Therefore, a foreign national must consider all the legal aspects of their case before making a decision to obtain a visa through consular processing. This decision must be carefully considered and discussed with an experienced immigration attorney.
In addition, our consular processing attorneys can provide assistance in evaluating your case options if your application for a work visa or immigrant visa is placed on hold under INA 221(g) letter before a U.S. consulate/embassy around the world.
While providing professional services regarding consular processing to obtain a green card or H-1B visa stamping, our attorneys’ emphasis will be on:
For further information about our ability to help resolve your immigration problems, contact us for reliable advice.