Consular Processing, Explained

Consular processing is an essential pathway for foreign nationals seeking to obtain a U.S. Green Card (Permanent Residency) or other visas while residing outside the United States. This process involves applying for and obtaining an immigrant or non-immigrant visa at a U.S. embassy or consulate in the applicant’s home country. Upon approval, the applicant can travel to the United States and gain entry with their valid visa. For those seeking permanent residency, this process culminates in the issuance of a Green Card, granting the individual the right to live and work in the U.S. indefinitely.

Consular Processing vs. Adjustment of Status

Consular processing and adjustment of status are two distinct pathways for obtaining a U.S. green card, and choosing between them depends on the applicant’s individual circumstances and location.

Key Differences Between the Two Processes:

Consular Processing

This process is for individuals who are residing outside the United States or are ineligible to adjust status while in the U.S. Applicants apply for an immigrant visa at a U.S. embassy or consulate in their home country. Upon visa approval and entry into the United States, they automatically become lawful permanent residents and receive their green card shortly thereafter.

Adjustment of Status (AOS)

This process is for individuals who are already in the United States on a temporary (non-immigrant) visa and are eligible to apply for permanent residency without leaving the country. Applicants file Form I-485, Application to Register Permanent Residence or Adjust Status, with U.S. Citizenship and Immigration Services (USCIS). Upon approval, their status is adjusted to that of a lawful permanent resident, and they receive their green card.

Factors to Consider When Choosing Between Consular Processing and Adjustment of Status:

Location

The applicant’s current location is the most crucial factor. If they are outside the U.S., consular processing is the only option. If they are inside the U.S. and meet eligibility criteria, they can choose adjustment of status.

Eligibility

Some individuals may not be eligible for adjustment of status due to their immigration status, unauthorized stay, or other factors. In such cases, consular processing may be the appropriate pathway.

Processing Times

Processing times can vary between consular processing and adjustment of status. Applicants should consider which option might result in a faster processing time based on their specific case and the processing times at their local consulate or USCIS office.

Travel Considerations

During the adjustment of status process, applicants may need to obtain advance parole before traveling outside the U.S., while consular processing applicants are free to travel until they receive their immigrant visa.

Legal Assistance

Applicants should consult with an experienced immigration attorney who can help determine the most suitable option based on their unique circumstances and provide guidance throughout the process.

Eligibility for Consular Processing

Consular processing is a pathway for foreign nationals residing outside the United States who wish to apply for a U.S. visa. This includes both immigrant visas (leading to a green card) and non-immigrant visas (for temporary stays). Eligibility for consular processing depends on the specific visa category and the individual’s circumstances.

Who Can Apply for a Green Card through Consular Processing (Immigrant Visa)

Consular processing is a pathway for foreign nationals who are eligible for an immigrant visa and are residing outside the United States. These individuals can apply for a green card (lawful permanent residency) through consular processing in various categories, including:

Family-Based Immigrants:

• CR1/IR1 Spouse: Foreign nationals who are married to a U.S. citizen can apply for a CR1 (conditional) or IR1 (immediate relative) spouse visa. The U.S. citizen spouse must file Form I-130, Petition for Alien Relative, on behalf of the foreign spouse. (Learn how you can bring your foreign fiancé(e) to the U.S. for marriage through the K-1 fiancé Visa process)
• CR2/IR2 Child: Children of U.S. citizens who are unmarried and under the age of 21 can apply for a CR2 (conditional) or IR2 (immediate relative) child visa. The U.S. citizen parent must file Form I-130 on behalf of the child.
• F2A Category: Spouses (F21) and unmarried children under 21 years of age (F22) of lawful permanent residents can apply for an immigrant visa under the F2A family preference category. The lawful permanent resident must file Form I-130 on behalf of their qualifying family member.

Employment-Based Immigrants:

Individuals who have a job offer from a U.S. employer and qualify for an employment-based immigrant visa can apply through consular processing. The U.S. employer must file Form I-140, Immigrant Petition for Alien Worker, on behalf of the prospective employee.

Diversity Visa (Green Card) Lottery Winners:

Individuals who have been selected in the Diversity Visa Lottery can apply for an immigrant visa through consular processing. They must follow the instructions provided by the U.S. Department of State upon notification of their selection.

Refugees and Asylees:

Individuals who have been granted refugee or asylee status in the United States may apply for a green card through consular processing for their qualifying family members who are abroad. (Learn more about the humanitarian-based immigration programs available in the U.S.)

Special Immigrant Categories:

Certain individuals may qualify for a green card through special immigrant categories, such as religious workers, international broadcasters, or Iraqi or Afghan translators working with the U.S. government. These applicants can also apply for an immigrant visa through consular processing.

Who Can Apply for a Non-Immigrant Visa Through Consular Processing

Consular processing is an option for foreign nationals living outside the United States who wish to obtain a non-immigrant visa for temporary stays in the country. Various non-immigrant visa categories cater to different purposes and require specific eligibility criteria. Some common non-immigrant visa categories include:

Tourist Visas (B-2):

Foreign nationals seeking to visit the U.S. for leisure, tourism, or visiting friends and family can apply for a B-2 visa. Applicants must demonstrate their intention to return to their home country after their stay and provide evidence of financial support during their visit.

Business Visas (B-1):

Foreign nationals traveling to the U.S. for business purposes, such as attending conferences, meetings, or negotiating contracts, can apply for a B-1 visa. Applicants must prove that their visit is temporary and they have no intention of staying in the U.S. permanently.

Student Visas (F-1 and M-1):

Foreign nationals who wish to study in the United States can apply for an F-1 visa (academic or language students) or an M-1 visa (vocational or non-academic students). Applicants must provide proof of their acceptance to a Student and Exchange Visitor Program (SEVP)-approved school and demonstrate their ability to financially support themselves during their studies.

Exchange Visitor Visas (J-1):

Foreign nationals participating in cultural exchange programs, internships, or research in the United States can apply for a J-1 visa. Applicants must be accepted into a Department of State-designated exchange visitor program and have sufficient financial resources to cover their stay.

Temporary Worker Visas:

Foreign nationals seeking temporary employment in the United States can apply for various temporary worker visas, such as:

• H-1B Visa: Specialty occupation workers with a bachelor’s degree or higher in their field of expertise.
• L-1 Visa: Intracompany transferees who are managers, executives, or specialized knowledge employees transferring from a foreign branch to a U.S. affiliate.
• O-1 Visa: Individuals with extraordinary ability in the arts, sciences, education, business, or athletics.

Eligibility for a non-immigrant visa through consular processing depends on meeting the requirements of the specific visa category and the individual’s unique circumstances.

Consular Processing Costs

Consular processing fees vary depending on the type of visa being applied for. Here’s a brief overview of some common visa categories and their associated fees.

Immigrant Visa

Family-Sponsored Visas:

These visas include immediate relative and family preference categories. The fees for family and marriage based petitions can range from $325 to $535, depending on the specific visa category.

• Immediate Relative (IR) Visas: IR-1 (Spouse) and IR-2 (Unmarried Child Under 21): The fee is currently $325.
• Family Preference Visas:
  • F1 (Unmarried Sons and Daughters of U.S. Citizens): The fee is $535.
  • F2A (Spouses and Children of Lawful Permanent Residents): The fee is $535.

Employment-Based Visas:

These visas have varying fees based on the preference category of the visa. Fees for employment-based visas can range from $345 to $705.

• EB-1 (Extraordinary Ability, Outstanding Professors and Researchers, and Multinational Executives and Managers): The fee is $345.
• EB-2 (Advanced Degree Professionals and Persons of Exceptional Ability): The fee is $345.
• EB-3 (Skilled Workers, Professionals, and Unskilled Workers): The fee is $705.

In addition to the petition fee, there are other fees associated with required forms for immigrant visas. Applicants may also need to pay for a medical examination and obtaining a police report from their home country. Medical examination fees and police report fees may vary based on the applicant’s country of residence and the specific medical professional or authority issuing the report.

For example, the fees for the required forms for family and marriage Green Cards are as follows:

1. Petition for Alien Relative (Form I-130): $535
2. Affidavit of Support (Form I-864): $120
3. Immigrant Visa Electronic Application (Form DS-260): $325
4. USCIS Immigrant Fee: $220

Total Fees: $1,200

Please note that these fees are subject to change and may be updated periodically by the U.S. government. Applicants should always refer to the U.S. Department of State’s website or consult with an experienced immigration attorney for the most current and accurate fee information.

Non-Immigrant Visa

Non-immigrant visas are intended for temporary stays in the United States for various purposes, such as tourism, business, study, or temporary work. The application fees for non-immigrant visas differ based on the specific visa category. Below is an overview of some of the most common non-immigrant visa categories and their respective application fees:

Tourist and Business Visas (B-1/B-2):

The application fee for a B-1 or B-2 visa is $160.

Student Visas (F-1 and M-1):

The application fee for F-1 and M-1 visas is $160. Additionally, students must pay the SEVIS I-901 fee, which is $350 for F-1 and M-1 visa applicants.

Exchange Visitor Visas (J-1):

The application fee for a J-1 visa is $160. J-1 visa applicants must also pay the SEVIS I-901 fee, which is $220.

Temporary Worker Visas:

The fees for temporary worker visas vary depending on the visa category:

• H-1B Visa: The application fee is $190. There may also be additional fees, such as the ACWIA fee and the Fraud Prevention and Detection fee, which can range from $500 to $4,000.
• L-1 Visa: The application fee is $190. An additional Fraud Prevention and Detection fee of $500 may also apply.
• O-1 Visa: The application fee is $190.

Please note that these fees are subject to change and may be updated periodically by the U.S. government. Applicants should always refer to the U.S. Department of State’s website for the most current and accurate fee information.

Consular Processing Timeline

The timeline for consular processing depends on several factors, including the type of visa being applied for, the applicant’s home country, and the workload at the specific consulate or embassy handling the application. Here’s an overview of the estimated processing times for common visa categories:

Non-Immigrant Visas:

The processing time for non-immigrant visas generally ranges from a few days to several weeks, depending on the visa type and the consulate’s workload. It is advisable to apply for a non-immigrant visa well in advance of the planned travel date to account for any unexpected delays.

Immigrant Visas:

The processing time for immigrant visas varies significantly based on the visa category, the applicant’s priority date, and the availability of visa numbers. Family-sponsored visas can take several months to several years to process, depending on the preference category and the applicant’s country of origin. The consular processing timeline typically ranges from 9 to 13 months for spouses of U.S. citizens, and from 18 to 32 months for spouses of lawful permanent residents.

Employment-based visas may also take several months to over a year, depending on the preference category, the country of origin, and the processing times at the National Visa Center (NVC) and the consular post.

It is crucial to monitor the Visa Bulletin published by the U.S. Department of State to track the availability of visa numbers and the movement of priority dates for family-sponsored and employment-based visas. Please note that processing times can vary and are subject to change.

Steps in Consular Processing

The consular processing procedure for obtaining a U.S. Green Card or other visas involves several essential steps:

Step 1. Filing the Immigrant Petition (I-130 or I-140):

1. The petitioner (a U.S. citizen or permanent resident family member or U.S. employer) files an immigrant petition with USCIS on behalf of the beneficiary (the foreign national).
2. For family-based immigration, Form I-130, Petition for Alien Relative, is filed.
3. For employment-based immigration, Form I-140, Immigrant Petition for Alien Worker, is filed.

Step 2. National Visa Center (NVC) Case Creation and Fee Payment:

1. Once USCIS approves the immigrant petition and a visa number becomes available, the NVC creates a case file and assigns a case number.
2. The NVC sends instructions to the beneficiary on paying the required fees (immigrant visa processing fee and affidavit of support fee, if applicable).

Step 3. Submission of Supporting Documents and Forms:

1. The beneficiary submits the required supporting documents, such as civil documents, police certificates, and translations, to the NVC.
2. The beneficiary completes and submits Form DS-260, Immigrant Visa and Alien Registration Application, online.
3. The petitioner submits Form I-864, Affidavit of Support, to demonstrate their financial ability to support the beneficiary, if required.

Step 4. Visa Interview Scheduling:

1. Once the NVC has reviewed and accepted the submitted documents, it schedules a visa interview at the U.S. embassy or consulate in the beneficiary’s home country.
2. The beneficiary receives a notification with the interview date, time, and location.

Step 5. Medical Examination:

1. The beneficiary undergoes a medical examination by a U.S. embassy or consulate-approved physician.
2. The physician sends the medical exam results directly to the embassy or consulate in a sealed envelope.

Step 6. Consular Interview and Visa Issuance:

1. The beneficiary attends the consular interview at the scheduled U.S. embassy or consulate.
2. A consular officer reviews the application, supporting documents, and medical exam results, and interviews the beneficiary to determine their eligibility.
3. If the visa is approved, the beneficiary’s passport is stamped with the immigrant visa, allowing them to travel to the United States and become a permanent resident upon entry.

Preparing for the Consular Interview

A successful consular interview is a critical step in the consular processing journey. Proper preparation can significantly increase the chances of visa approval. Here are some key aspects to consider when preparing for the consular interview:

Gathering Required Documentation:

1. Ensure you have all the necessary documents, such as your passport, interview appointment letter, DS-260 confirmation page, medical examination results (in a sealed envelope), and any other documents requested by the embassy or consulate.
2. Gather original or certified copies of civil documents, such as birth and marriage certificates, as well as any required translations.
3. If applicable, bring the Affidavit of Support (Form I-864) and supporting financial documents provided by the petitioner.
4. Obtain police certificates from countries where you have lived for more than six months since turning 16 years old.
5. Prepare any additional documents that may support your case, such as proof of your relationship with the petitioner or employment offer letters.

Understanding the Purpose of the Interview:

1. The consular officer will assess your eligibility for the immigrant visa based on the information provided in your application and supporting documents.
2. The interview aims to confirm the information in your application, verify your identity, and ensure that you meet all the requirements for the visa category.

Tips for a Successful Consular Interview:

1. Arrive on time: Plan to arrive at the U.S. embassy or consulate well ahead of your scheduled interview time.
2. Dress appropriately: Dress professionally and conservatively, as you would for a job interview or important meeting.
3. Be honest and consistent: Answer all questions truthfully and consistently with the information provided in your application and supporting documents.
4. Bring all required documents: Organize your documents in a logical order, making it easy for the consular officer to review them during the interview.
5. Remain calm and polite: The interview may be nerve-wracking, but remaining composed and respectful throughout the process will leave a positive impression on the consular officer.
6. Practice answering potential questions: Familiarize yourself with common interview questions and practice your responses to build confidence and reduce anxiety.
7. Seek legal assistance: If you have concerns about your case or the interview process, consider consulting with an experienced immigration attorney for guidance and support.

After the Consular Interview

Following the consular interview, the outcome of your visa application will fall into one of the following categories:

Visa Approved:

• If your visa is approved, the consular officer will inform you at the end of the interview or shortly after.
• Your passport will be stamped with the immigrant visa, and you will receive instructions on the next steps, including paying the USCIS Immigrant Fee.
• The immigrant visa typically has a validity period of six months, during which you must enter the United States.
• Upon arrival in the U.S., you will be granted permanent resident status, and your green card will be mailed to the U.S. address you provided during the application process.
• Once you have been a permanent resident for at least five years (or three years if married to a U.S. citizen), you may be eligible to apply for U.S. citizenship through naturalization.

Administrative Processing:

• If your visa application is placed under administrative processing, it means the consular officer requires additional time to review your case, conduct background checks, or request additional documents.
• The duration of administrative processing varies, and it can take several weeks or months.
• It is essential to remain patient and promptly provide any requested documents to avoid further delays.
• Once administrative processing is complete, you will be notified of the final decision on your visa application.

Visa Denied:

• If your visa is denied, the consular officer will provide a reason for the denial, typically based on the provisions of the Immigration and Nationality Act (INA).
• Common reasons for visa denial include ineligibility for the visa category, insufficient supporting documents, or failure to pass the background check.
• Depending on the reason for denial, you may have the opportunity to address the issue and reapply or appeal the decision.
• If your visa is denied, consult with an experienced immigration attorney to discuss your options and potential next steps.

Visa Refusal Under Section 221(g):

• If your visa is refused under Section 221(g) of the INA, it means that the consular officer needs additional information or documents to make a final decision on your case.
• You will receive a written notice outlining the missing information or documents, and you must provide them within one year of the visa refusal.
• Once you submit the requested information, your case will be reconsidered, and the consular officer will make a final decision on your visa application.

Consular Processing for Non-Immigrant Visas

Consular processing is also applicable to non-immigrant visas, such as tourist, student, or work visas. The process varies slightly from the immigrant visa process, but it also involves several key steps:

Step 1. Determining the Appropriate Visa Category:

1. Identify the most suitable non-immigrant visa category based on the purpose of your visit to the United States (e.g., tourism, study, work, etc.).
2. Review the eligibility criteria and requirements for the selected visa category.

Step 2. Completing the Visa Application Form:

1. Fill out Form DS-160, Online Non-Immigrant Visa Application, and submit it online.
2. After submitting the form, you will receive a DS-160 confirmation page with a barcode, which you will need for the visa interview.

Step 3. Paying the Visa Application Fee:

1. Pay the required non-immigrant visa application fee, which varies depending on the visa category.
2. Keep the payment receipt, as you will need to present it at your visa interview.

Step 4. Scheduling the Visa Interview:

1. Schedule an appointment for your visa interview at the U.S. embassy or consulate in your home country.
2. You may need to create an account on the embassy or consulate’s website to book the appointment and submit additional required information.

Step 5. Preparing for the Visa Interview:

1. Gather all necessary supporting documents, such as your passport, DS-160 confirmation page, visa application fee payment receipt, and any additional documents relevant to your visa category (e.g., employment offer letter, proof of financial support, etc.).
2. Review the purpose of your visit and the eligibility criteria for your visa category to prepare for possible interview questions.

Step 6. Attending the Visa Interview:

1. Attend the visa interview at the scheduled U.S. embassy or consulate.
2. The consular officer will review your application and documents, ask questions about your intended visit, and assess your eligibility for the non-immigrant visa.

Step 7. After the Visa Interview:

1. If your visa is approved, the consular officer will stamp the non-immigrant visa in your passport.
2. The visa will have a specific validity period and may include limitations on the duration of your stay and the number of entries allowed.
3. If your visa is denied, the consular officer will provide a reason for the denial, and you may have the opportunity to reapply or address the issue, depending on the circumstances.

Keep in mind that the specific requirements and procedures for non-immigrant consular processing may vary depending on the visa category and the U.S. embassy or consulate where you apply. It is essential to carefully review the relevant guidelines and requirements for your specific situation.

Common Challenges in Consular Processing

While consular processing is a standard procedure for obtaining U.S. visas, applicants may face various challenges during the process. Some common issues and difficulties include:

Incomplete or Inaccurate Documentation:

• Failing to submit all required documents or providing incomplete or inaccurate information can lead to delays or denials in the application process.
• It is crucial to thoroughly review the document requirements for your specific visa category and ensure that all submitted information is accurate and complete.

Ineligibility for the Visa Category:

• Applicants may face challenges if they do not meet the eligibility criteria for their chosen visa category.
• Thoroughly researching the requirements and eligibility criteria for your visa category is essential to avoid potential issues during consular processing.

Lengthy Administrative Processing:

• Some cases may be subject to additional administrative processing, which can significantly extend the processing time.
• While there is often little that can be done to expedite administrative processing, staying informed and promptly providing any requested information can help minimize delays.

Difficulties in Proving Non-Immigrant Intent:

• Non-immigrant visa applicants must demonstrate their intention to return to their home country after their stay in the U.S.
• This can be challenging for some applicants, who may need to provide additional evidence of strong ties to their home country, such as proof of employment, property ownership, or family connections.

Visa Denials and Refusals:

• Visa denials can occur for various reasons, such as ineligibility, insufficient documentation, or failure to pass background checks.
• Understanding the reason for the denial and seeking legal advice can help applicants determine their options for addressing the issue and reapplying, if possible.

Language Barriers and Communication Issues:

• Consular interviews are usually conducted in English, which may present challenges for applicants who are not fluent in the language.
• It is essential to practice your English language skills and, if necessary, request an interpreter for the consular interview to ensure clear communication.

Limited Availability of Interview Appointments:

• High demand for visa interviews at some U.S. embassies and consulates can lead to limited appointment availability and long wait times.
• Applicants should be proactive in scheduling their interviews as early as possible and be prepared to adjust their travel plans if necessary.

Changes in Immigration Policies and Regulations:

• U.S. immigration policies and regulations can change, sometimes with little notice, impacting the consular processing requirements and procedures.
• Staying informed about the latest immigration news and updates is vital to ensure that you are prepared for any changes that may affect your application.

To navigate these challenges, consider consulting with an experienced immigration attorney who can provide guidance, help you prepare a strong application, and advocate on your behalf throughout the consular processing journey.

How an Immigration Attorney Can Help

Navigating the consular processing procedure can be complex and challenging for many applicants. An experienced immigration lawyer can provide valuable assistance and guidance throughout the process, ensuring a smoother and more successful outcome. Some ways an immigration attorney can help include:

Assessing Eligibility and Selecting the Appropriate Visa Category:

• An attorney can evaluate your situation and help you determine the most suitable visa category based on your specific circumstances.
• They can also guide you through the eligibility requirements and application procedures for your chosen visa category.

Preparing and Reviewing Documentation:

• An immigration attorney can help you gather and prepare all necessary supporting documents, ensuring accuracy and completeness.
• They can also review your application materials to identify any potential issues and recommend strategies for addressing them.

Assisting with the Visa Interview:

• An attorney can provide guidance on preparing for the consular interview, including practicing common interview questions and discussing potential concerns.
• They can also help you understand your rights and responsibilities during the interview process.

Navigating Administrative Processing and Visa Denials:

• If your case is subject to administrative processing or your visa is denied, an immigration attorney can help you understand the reasons for the delay or denial and advise on the appropriate steps to take.
• They can also assist with submitting additional documentation, appealing the decision, or reapplying for the visa, if applicable.

Staying Informed about Changes in Immigration Law and Policy:

• Immigration attorneys are well-versed in the latest changes to immigration law and policy and can help you stay informed about any updates that may impact your case.
• They can also provide advice on how to navigate the evolving immigration landscape and adapt your application strategy accordingly.

Advocating on Your Behalf:

• An immigration attorney can serve as your advocate throughout the consular processing journey, communicating with the U.S. embassy or consulate, and addressing any issues or concerns that may arise.
• Their expertise and experience can be invaluable in ensuring a successful outcome for your visa application.

By enlisting the support of an experienced immigration attorney, you can increase your chances of success in the consular processing procedure and ensure that you are well-prepared to navigate any challenges that may arise along the way.

Don’t navigate the consular processing journey alone. Trust the expertise of Glenn Immigration, to guide you through the process. Atlanta Green Card Lawyer Pepper Glenn is here to help you every step of the way. Contact us today to schedule an immigration consultation and secure your future in the United States.

Consular Processing FAQs

In this Frequently Asked Questions (FAQs) section, we address some of the most common inquiries regarding consular processing for both immigrant and non-immigrant visas. This comprehensive guide aims to provide you with valuable insights and helpful answers to your questions, covering eligibility, costs, timelines, and other relevant aspects of the consular processing journey. Whether you’re a first-time applicant or looking for further clarification, this FAQ section is here to assist you in navigating the complex world of consular processing.