Consular processing is generally used when a person who qualifies for permanent residence is living outside the United States. Instead of applying for a green card from within the country, the applicant completes the immigrant visa process through a U.S. embassy or consulate abroad. Once the immigrant visa is approved and the applicant is admitted to the United States, they generally become a lawful permanent resident.
In many family-based cases, the process begins when a U.S. citizen or lawful permanent resident files Form I-130, Petition for Alien Relative, for a qualifying family member. Approval of the petition confirms the qualifying relationship, but it does not by itself grant permanent residence. The case must continue through the appropriate immigrant visa process before the relative can immigrate to the United States.
After the petition is approved and an immigrant visa is available, the case generally proceeds through the National Visa Center. This stage can include payment of required fees, submission of the immigrant visa application, financial sponsorship documents, and civil records. The applicant may need to provide documents such as birth certificates, marriage certificates, divorce records, police certificates, and passport information.
The petitioner will also usually need to satisfy financial sponsorship requirements. This commonly involves filing an Affidavit of Support and providing evidence of income or financial resources. In some situations, a joint sponsor may be available when the petitioner does not independently meet the applicable financial requirements.
Before the immigrant visa interview, the applicant generally must complete a medical examination with an authorized physician. At the interview, a consular officer reviews the application, supporting documents, immigration history, and eligibility for the visa. In marriage-based cases, the officer may also ask questions about the relationship to determine whether the marriage is genuine.
Not every case is approved immediately. A consular officer may request additional documents, place a case into administrative processing, or identify a ground of inadmissibility. Issues involving unlawful presence, prior removal, fraud or misrepresentation, certain criminal conduct, or other immigration violations can create additional complications. Some applicants may qualify for a waiver, depending on the specific facts of the case.
Consular processing is different from adjustment of status, which is used by certain eligible applicants who are already in the United States. The right path depends on where the applicant is located, the family relationship, immigration history, visa availability, and other legal factors. Rebecca Black Law, P.A. helps families understand these differences and choose an immigration strategy that fits their circumstances.