Immigration law in the United States offers various options to obtain permanent residence, immigrant visas, citizenship and political asylum, among others. However, strict compliance with the requirements is crucial, as immigration authorities are strict and failure to comply can lead to loss of residency or even deportation.
Our immigration lawyers are always available to provide the best solutions to our clients. Those who hire our legal services feel motivated and confident that we can help them in their adjustment of status process.
For those who reside outside the United States and wish to obtain a green card to work and live legally in the United States, they must apply for it at the national embassy of the United States Department of State in their home country. This process, known as consular processing, is carried out through different visa categories, depending on the needs of each person.
It is important to note that the process of immigration and obtaining citizenship in the United States can be complex and requires legal assistance from an immigration attorney. Lawyers specialized in consular processing can assist in the preparation of applications and facilitate procedures. Although hiring legal services involves a cost, it is a valuable investment to ensure that clients can live legally in the United States with the highest quality of citizenship and immigration legal service.
How does the consular process work?
To begin consular processing, it is necessary for the person to be eligible through an approved immigration petition, which can be family-based or employment-based. Family petitions are filed by immediate family members with the United States Citizenship and Immigration Services. There are also other eligibility categories, such as humanitarian programs for asylum seekers, refugees, and crime victims. Employers can file petitions on behalf of employees they wish to hire, usually within the United States.
Who needs consular processing?
Persons who may benefit from consular processing include aliens outside the United States, those who entered illegally and cannot adjust their status, persons who wish to immigrate but cannot enter legally, illegal or long-stay immigrants, and those who wish to become residents. but they frequently travel outside the United States.
How does the consular process for residency work?
To obtain residency in the United States through the consular process, follow these steps:
- Determine eligibility to immigrate legally, which may be through family members, employers, special immigrants, refugee status or asylum, among others.
- File the immigration petition through a family member or employer, using the appropriate forms (Form I-130, Form I-140, Form I-526, Form I-360) with the advice of your consular processing attorney.
- Wait for the USCIS decision on the petition. If approved, you will be assigned a Visa number by the Department of State's National Visa Center (NVC); If it is denied, you may be able to appeal in some cases.
- Pay attention to notifications from the National Visa Center (NVC), which include information about procedures and payments.
- Attend the appointment at the consular office for an interview. The consular office will decide if you are a beneficiary of the immigrant visa.
- After obtaining the visa, do not open it until you arrive in the United States. Deliver the package with your documents to the Customs and Border Protection (CBP) officer at the port of entry. This will allow you to be admitted as a permanent resident to the United States.
How does the consular process with forgiveness work?
The Provisional Unlawful Presence Waiver is an option for eligible individuals who have accumulated more than 180 days of unlawful presence in the United States. It allows you to request a waiver and leave the country to complete the consular process of permanent residence from your country of origin, reducing the separation of immediate family members of US citizens.
What documents are needed for the consular processing interview?
For your visa interview, be sure to bring the following documents:
- Appointment Notification: The NVC appointment confirmation letter.
- Valid Passport: Must be valid for at least six months beyond the expected date of entry into the US.
- Photographs: Two identical photographs for each applicant, meeting specific requirements.
- Form DS-260 confirmation page: Provided by the National Visa Center (NVC).
- Supporting documents: Originals and certified copies of all documents previously submitted, including translations if necessary.
- Visa Fees: If you have already paid the fees to the NVC, there is no need to do so again. Otherwise, you will need to pay any outstanding fees at the U.S. embassy or consulate.
Consular Process against Adjustment of Status: What benefits does consular processing offer against adjustment of status?
The consular process is distinguished by:
- Faster processing time compared to status adjustment.
- Lower risk of denial of the procedure.
- Ability to travel outside the United States during the process without needing a waiver.
- Lower processing fees than adjustment of status.
How long does consular processing take?
The time it takes for consular processing may vary depending on eligibility category and other factors. For example, for immediate family members, it may take 6 to 12 months, while for other categories, times may be longer due to visa availability and the number of applications. It is important to consult with immigration authorities or an immigration attorney to obtain a more accurate estimate in specific cases.
