Consular Processing Lawyer

Consular Processing Immigration Attorney

Consular processing allows people outside of the United States to apply for a Green Card. This method means you can apply through a U.S. consulate or embassy in another country, and you don’t need to apply for a visa or permit to get to the United States before beginning your application for a lawful permanent resident status.

U.S. immigration policies and procedures are anything but simple—it’s easy to be intimidated and it’s even easier to miss a crucial detail that can set you back. Here at Fresh Start Immigration Law, we want to help relieve you of some of these burdens. Our associated consular processing lawyers are ready to get to work for you today. Just give us a call now to discuss your case.

Who Can Go Through Consular Processing?

You can only apply for consular processing if you are applying for your Green Card outside of the U.S. Even if you are in the U.S., you may be able to apply through a consulate in another country. You must also be eligible for a Green Card in order to complete this process.

Family members and prospective employees are the most common types of people who go through consular processing, but these are not the only pathways for consular processing immigration. Some parties who may be able to apply for consular processing include:

• Relatives of U.S. citizens or lawful permanent residents, including immediate family members, fiancé(e)s, and some victims of domestic violence
• Immigrant workers, including skilled and unskilled workers
• Those seeking refugee or asylee statuses
• Victims of crimes or abuse

This is not a complete list of Green Card eligibility categories, and a consular processing attorney can help you determine what category best suits your situation.

What’s the Difference between Consular Processing and Adjustment of Status?

Consular processing and adjustment of status both allow people to apply for a Green Card. The major difference is the current location of the applicant. Applicants currently in the United states should apply for an adjustment of status. There are some differences in the process and forms, but the goal is the same.

You may be able to switch to the other method if you change your country of residence during the lawful permanent resident status application.

Steps in the Consular Processing Procedure

If you are ready to take the step towards immigration into the United States through consular processing, you must:

• Determine which Green Card category applies to you. You or another party must fill out the correct petition form. For example, you are the spouse of a U.S. citizen or lawful permanent resident, your spouse must file an I-130 (Petion for Alien Relative).
• Wait for an approval notice. The U.S. Citizenship and Immigration Services (USCIS) will with approve or deny your petition.
• If approved, the National Visa Center (NVC) will take over your application. Your payments and supporting documents must be submitted to the NVC. You will receive updates about your petition and visa number through this agency.
• Attend your consular office interview once scheduled.
• Receive your visa packet and pay any necessary fees. Don’t open the visa packet, this is the U.S. Customs and Border Protection (CBP) officer. You can pay your fee online before traveling to the United States.
• Wait for your Green Card! This will come by mail once you are in the U.S.

The process can take months or years, and there are a lot of tasks and documents to take care of. Call Fresh Start Immigration Law now to see how our consular processing lawyers can help you with any complications and difficulties along the way.

Common Questions About Consular Processing Law

How Long Does Consular Processing Take?

It’s not easy to predict how long consular processing will take. Delays in immigration processing can make this process take months. Visas and permits are also capped based on supply and demand, preference category, and country-specific details, so you may have to wait a while before you application is approved.

However, you can track where you are in the process on the queue through the Visa Bulletin. Consular processing lawyers can also help check on the status of your application and relay any updates to you.

Can I Change From Consular Processing to Adjustment Of Status?

Yes, it is possible to switch from the consular processing to an adjustment of status. If you started the consular process while in another country but are now in the United States, you may be eligible to apply for an adjustment of status. You would file an I-485, and the USCIS should request your files from the National Visa Center (NVC).

Tracking all the forms and making sure you are eligible for this process can be very complex, but our associated consular processing lawyers can help make sure everything is in order.

Can I Change From Adjustment of Status to Consular Processing?

Going from an adjustment of status to consular processing is possible if you left the U.S. while applying for your Green Card. However, this can delay your immigration application, so you may want to think twice before making this move.

If this is the best or only option, you can make this change, but you will need to file an I-824 form. We know how difficult and confusing these kinds of decisions can be, so before making these changes, we recommend speaking to a consular processing attorney before making these changes.

Can I Visit the United States During Consular Processing?

Yes, it is possible to visit the United States if you apply for a Green Card through consular processing. However, you would need to follow the processes and requirements for getting a visitor visa. You may be interviewed about your intent to visit and must provide any proof of intent as requested.

Can a Petitioner File for Consular Processing While Living Abroad?

If you reside outside of the U.S. but do not currently live in your home country, you can still apply for consular processing.

This does not mean the embassy or consulate will approve your application, but it is still possible. Just make sure to note the location of the office you are applying with. You may even be able to apply through an embassy or consulate that you are not a resident of or even present in, but this will be at the discretion of the location.

You may need to show proof that you will be in your current location for the duration of the application process. An immigration attorney can answer these and other questions you might have about consular processing.

Let a Consular Processing Lawyer Help Ease Your Path to Citizenship

Consular processing helps many immigrants, but it is often quite intricate. The lawyers associated with Fresh Start Immigration Law can help make sure your application is in order, give you updates, and will help make this long process manageable. Call us now for a consultation.