Consular Processing is the process by which a beneficiary of an employment based or family based immigration petition who is outside the U.S. applies for an immigrant visa at a U.S. consulate overseas. This process will commence only after the underlying immigration petition has been approved and visa number for the prospective immigrant’s country is available. If the beneficiary is in the U.S., he or she may apply for adjustment of status through the USCIS, or may choose to immigrate via consular processing abroad.
Procedure Dor Consular Processing
The USCIS forwards the approved immigrant petition (the I-797 Notice of Action) to the National Visa Center (NVC) if the alien has indicated his desire to apply for consular processing. Otherwise, he/she has to file Form I-824 to request consular processing; (6-8 weeks)
2. The NVC sends an information and forms packet (Packet 3) to the alien when an immigrant visa number becomes available; (2-3 weeks after the immigrant visa number has become available)
3. The Alien and his family complete Packet 3 and return it to the NVC; (2 weeks)
4. The NVC processes Packet 3; (6-8 weeks)
5. The NVC notifies the State Department Visa Office of the completed Packet 3 processing and requests allocation of visa numbers for the alien and his family; (2-4 weeks)6.The NVC schedules an immigrant visa processing appointment for the alien and his family at the U.S. consulate which issues immigrant visas. (6-8 months) The alien must attend the appointment at the U.S. consulate abroad.
Applying for Consular Processing means that the alien has reached the final step in getting his/her Green Card. Once the Consular Processing application is approved, the alien is able to gain permanent resident status in the United States. The primary advantage of Consular Processing is its speed. The time frame for Consular Processing is on average between 5 to 13 months.
Documents Needed For Consular Processing
- The Original I-797 approval notice for immigration petition (I-130, I-140, etc.);
- A Copy of the immigration petition as filed;
- The receipt notice for Form I-824 (only if indicating to apply for consular processing at first) or the approved notice for Form I-824 (only if after requesting consular processing);
- Evidence that the applicants last residence was in the host country of the post;
- Consular Processing application forms;
- Medical exam;
- Employment information for the past 10 years;
- Birth Certificate;
- Passport;
- Military Records, if applicable;
- Marriage Certificates, if applicable;
- Documentation of termination of prior marriages (e.g. divorce decree or death certificate), if applicable;
- Address since the age of 16; and
- Police certificates from every country where an applicant has resided for one year since the age of 16.
Any documents in a foreign language need to be translated into English.
Consular Prcessing v. Adjustment of Status
Consular Processing has the following characteristics:
- The time frame for Consular Processing is quicker than Adjustment of Status. From the date immigrant visa numbers become available, an average of 5 to 13 months processing time is expected;
- Consular Processing must process in the foreign country of residence or country of birth;
- An alien who chooses to apply for Consular Processing has no benefits of a work permit and advance parole; and
- If an alien chooses to apply for Consular Processing, he must go back to the country of last residence or country of birth for an interview and medical exam at a U.S. consulate.
Adjustment of Status has the following characteristics:
- Adjustment of Status may be slow. For Adjustment of Status based on an employment-based immigration petition, an average of 1 to 2 years processing time is expected. For Adjustment of Status based on a family-based immigration petition, 1 year to 3 years processing time may be expected.
- If an alien applies for Adjustment of Status, he must reside in the United States at the time of filing of I-485;
- An alien who chooses to apply for Adjustment of Status has the benefits of a work permit and advance parole; and
- An alien who chooses to apply for Adjustment of Status needs to have fingerprints taken at a USCIS center and needs a health exam by a certified doctor in the U.S.
Age Out
"Aging
Out" arises in some situations when a relatively old child applies for adjustment of status, consular processing, or
naturalization. In many instances, alien children are eligible for immigration benefits if they are the children of a U.S.
citizen or permanent residents, or the children of a beneficiary to an immigrant petition. Under the immigration law, a child
is defined as an unmarried person under the age of 21. In the past, if a child applicant or beneficiary reached the age of
21 and his/her application for adjustment of status or application for immigration visas was still pending, that child lost
eligibility for a Green Card. Children who turned 21 before their applications were decided, "Aged Out." As
a result, they could not enjoy many of the immigration benefits they originally petitioned for while they were still minors.
However, the Child Status Protection Act has recently modified and changed the “Age Out” rules in favor of prospective
immigrants.
Please contact our office for consultation.
