Consular Processing

Once the applicant's immigrant petition is approved, an applicant in the United States must adjust status from nonimmigrant to lawful permanent residence.  Consular processing is an alternative to adjustment of status for applicants already in the United States with a valid nonimmgrant visa and the process by which a foreign national outside the United States with an approved immigrant petition receives their "green card."  The alien makes an appointment at a consulate in his or her home country, where a consular officer adjudicates the case. If the case is approved, the alien gains permanent resident status on the spot. In the past (pre-2005), this process was somewhat faster than applying for adjustment of status, so was sometimes used to circumvent long backlogs of over two years in some cases. However, due to recent efficiency improvements by the USCIS, it is not clear whether applying via consular processing is faster than the regular adjustment of status process. Consular processing is also thought to be riskier since there is no or little recourse for appeal if the officer denies the application.

How We Serve Our Clients

Our attorneys will consult with you regarding the perceived advantages of Consular Processing and Adjustment of Status regarding your particular matter.  We take into account such issues your preferences, ability to travel abroad, current non-immigrant and marital status and employment situation.  We will thoroughly discuss with you all options and strategies to ensure that you can make an informed decision in the matter.  Our staff with also work with you to prepare all required documentation and prepare you for interviews by United States government officials, and if desired one of our attorneys can represent you at the interview.  We are also available via telephone or e-mail to answer any questions as they arise.

Application Process

Documents For Visa Application

All applicants must submit certain personal documents such as passports, birth certificates, police certificates, and other civil documents, as well as evidence that they will not become public charges in the United States. The consular officer will inform visa applicants of the documents needed as their applications are processed.

Medical Examinations

Before the issuance of an immigrant visa, every applicant, regardless of age, must undergo a medical examination. The examination will be conducted by a doctor designated by the consular officer. Examination costs must be borne by the applicant, in addition to the visa fees.

Visa Fees

The cost of each immigrant visa application processing fee (per person) is (US) $335. Fees must be paid for each intending immigrant, regardless of age, and are not refundable. Local currency equivalents are acceptable. Fees should not be sent to the consular office unless requested specifically. USCIS charges additional fees for filing petitions.

Numerical Limitations

Whenever there are more qualified applicants for a category than there are available numbers, the category will be considered oversubscribed, and immigrant visas will be issued in the chronological order in which the petitions were filed until the numerical limit for the category is reached. The filing date of a petition becomes the applicant''s priority date. Immigrant visas cannot be issued until an applicant''s priority date is reached. In certain heavily oversubscribed categories, there may be a waiting period of several years before a priority date is reached. Check the Visa Bulletin for the latest priority dates.

Miscellaneous

Since no advance assurances can be given that a visa will be issued, applicants are advised not to make any final travel arrangements, not to dispose of their property, and not to give up their jobs until visas have been issued to them. An immigrant visa can be valid for six months from issuance date.

With few exceptions, a person born in the United States has a claim to U.S. citizenship. Persons born in countries other than the U.S. may have a claim, under United States law, to U.S. nationality if either parent was born or naturalized in the U.S. or a U.S. citizen at the applicant's birth.

Any applicant believing he or she may have a claim to United States citizenship should not apply for a visa until his or her citizenship has been determined by the consular office.

 

Associated Practice Areas

Employment-Based Immigration

Introduction
Nonimmigrant Visas
Visa Waiver Program
Permanent Residence
     EB-1 Priority Workers
     EB-2 Advanced Degree
     EB-3 Skilled Workers
     EB-4 Religious Workers
     EB-5 Investors
     Labor Certifications
     Adjustment of Status
     Consular Processing
     National Interest Waiver
U.S. Citizenship
Regulatory Compliance

Family-Sponsored Immigration
Immigration Resources

General Information

Processing Times
Case Status Online
Change of Address
Social Security Administration
Forms & Filing Fees

Nonimmigrant Visa Resources

Consular Visa Wait Times
Locate a U.S. Embassy
Visa Fees & Reciprocity Tables

Immigrant Visa Resources

Visa Bulletin

Travel Resources

U.S. Customs Border & Protection (CBP)
Border & Airport Wait Times
Travel Information for Non-U.S. Citizens
Online Visa Appointments in Canada
Online Visa Appointments in Mexico
Locate Any Embassy Worldwide

U.S. Immigration & Culture Guide

Introduction
Department of Homeland Security
U.S. Citizenship & Immigration Services
U.S. Customs & Border Protection
Immigration & Customs Enforcement
Department of State
Department of Labor
Social Security Administration
American Culture - Part I
American Culture - Part II
American Culture - Part III
American Education System
Crime In America

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