How Long Does Consular Processing Take?

For many immigrants, the dream of becoming a lawful permanent resident begins outside of the United States. If you are living abroad or cannot adjust your status while inside the U.S., you may go through consular processing. Understanding how consular processing works and how long it can take is crucial in preparing for your future. For more information and to secure the help of an experienced legal professional, continue reading and contact a knowledgeable Queens consular visa lawyer today.

What is Consular Processing?

Consular processing is the procedure for obtaining an immigrant visa or green card through a U.S. consulate or embassy abroad, rather than applying for adjustment of status while in the United States.

This process is typically used by individuals living outside of the U.S. or by those ineligible to adjust status due to unlawful presence in the country or certain visa overstays. Consular processing is managed jointly by the USCIS (United States Citizenship and Immigration Services), the DOS (Department of State), and the NVC (National Visa Center).

How Does Consular Processing Work?

The first step in consular processing is to determine whether you are eligible to apply for a green card or lawful permanent residence and what category best first your situation. Someone must then file an immigrant petition for you. That person will vary depending on whether it is a family, employment, or some other type of petition.

The USCIS will either approve or deny the petition. If denied, you will be provided with the reasons why and whether you can appeal the decision. If the petition is approved, the USCIS will send notice to the NVC, which will assign a case number, collect fees, and request civil documents from you.

Once an immigrant visa number is available, the U.S. embassy or consulate will schedule an interview with you to process your case and decide whether you are eligible for an immigrant visa. This part of the process may involve a medical examination, additional evidence and documentation, and background checks.

If you are approved, you will receive a visa packet and be given permission to travel to the United States. Do not open the packet and instead give it to the U.S. Customs and Border Protection officer at the port of entry. The officer will determine whether to admit you into the country as a lawful permanent resident. If you are admitted, you will have lawful status and can live and work in the U.S. permanently. You will receive your green card in the mail after your arrival.