Consulate Processing

Consular Processing or Consulate Processing is the process by which the applicant of an immigration petition resides outside the USA and applies for a permanent visa (green card) at a U.S. Consulate overseas

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• A brief description
• Advantages of applying for Consular Processing
• Consular Processing vs. Adjustment of Status
• Entitlement
• General requirements for acquiring an immigrant visa through the Consulate Processing
• Documents needed for Consular Processing
• Application Procedure
• Our services for Consulate Processing

A brief description of Consulate Processing:

In general, any foreign national who wishes to immigrate to the U.S. and stay here permanently must have been issued lawful permanent resident status (LPR). A green card gives an alien LPR status. This status is normally conferred through either Consular Processing or Adjustment of Status (AOS). In the first method, a consular officer at a U.S. Consulate or a U.S. Embassy abroad issues a permanent visa. In the second method, the permanent resident status is conferred through the U.S. Citizenship and Immigration Services (USCIS).

Consulate processing is the traditional way to obtain green card, once a foreign national’s petition for lawful permanent residence has been approved by the USCIS. This is the only choice available to foreign nationals who are outside the U.S. If an alien is already in the US, seeking to adjust his/her status is usually the favored method. (See Adjustment of Status page for more information on AOS processing).

Advantages of applying for Consular Processing:

The major benefit of Consular Processing is speed. Generally, the processing time is between 5-13 months on average. Once the consulate processing application is accepted, the foreign national is able to obtain permanent resident status in the country.

Consular Processing vs. Adjustment of Status:

Denial Issues: Should the AOS applicant's case be denied, in most cases, a challenge of the denial through the administrative and/or judicial appellate processes is available.

Note for certain healthcare professionals: An appeal for the denial of an "adjustment of status" is not available to those cases denied because the applicant did not have a VisaScreen certificate available for presentation.

Denial of a visa at a U.S. Consular post, however, is essentially a non-reviewable, non appealable order; there are limited exceptions that may permit review.

Convenience/Travel Issues: Consular processing also involves the additional time and expense of traveling abroad and may further prolong the separation between family members.

The Adjustment of Status applicant can reside in the US, acquire employment authorization document (EAD), and a travel document (advance parole) until his green card application is processed, reviewed, and finished by the USCIS.

Though many foreign citizens who are already in the US will choose adjustment of status, some will not be entitled to adjust their status and will have no choice but to complete their cases through consulate processing. Other people will actually choose consular processing over AOS, particularly where consular processing will occur faster than adjustment of status.

Entitlement:

In order to apply for consulate processing, the applicant must establish entitlement under one of the classifications as defined in the INA (Immigration and Nationality Act). A foreign national is qualified to get an immigrant visa if:

1. The alien is the beneficiary of an approved visa petition granting family-based immediate relative (See Family Based Information) or preference classification, or employment-based preference classification; (See Employment Green Card)
2. Derivative family members, spouses, and children of preference aliens also qualify if accompanying or following to join; (See US Family Visas)
3. The alien is entitled to special immigrant status pursuant to INA § 101(a)(27); or
4. The alien is qualified for an immigrant visa under special legislation like the diversity visa category. (See Green Card Lottery FAQs for more information on diversity visa)