What is Consular Processing?
Consular processing: Consular processing is the process by which foreigners apply for a U.S. green card (permanent residency). Outside of the United States, whereas the in-country application is processed through the Adjustment of Status (AOS), outsiders have to apply through consular processing, working with the U.S. Embassy or consulate in their own country.
You start your journey with consular processing if you want to permanently reside in the US and you are not currently here. There are a few steps that lead to getting a visa and being able to come into the US and legally become a permanent resident.
Consular Processing vs. Adjustment of Status
The extra-U.S. way to get a green card is consular processing. It is different from Adjustment of Status (AOS), which enables someone who is already in the U.S. to gain permanent residence without leaving the nation. The only difference between these two approaches is where the application is handled. You can obtain a green card from AOS if you already reside in the US. If you live outside the U.S., you’ll go through consular processing and your case will be taken up by the U.S. consulate in your country.
Information on Consular Processing You Should Know The Basics of Consular Processing.
Application: You have to be eligible for any of the approved visa categories to get green card consular processing. This can include people who are on a family-based visa (spouse or children of U.S. citizens or permanent residents) or work-based visas.
Sitting in Your Home Country: When you start consular processing, generally you will have to wait in your home country until the green card application is processed.
Visa: Once you have the green card, you might be issued a visa within 6 months. This lets you into the U.S. But you need to get there before the visa is up to use for green card application.
Time and Fees for Application: Consular processing timelines and fees can vary from consulate to consulate depending on various considerations such as what visa type you are applying for and which consulate is involved in the application.
Who Needs to File Using Consular Processing?
If you are currently living outside of the United States, then you almost certainly have to petition for your green card through consular processing. It is meant for different categories of immigrants, such as:
Family-Based Applicants: This includes spouses and children of U.S. citizens (CR-1, IR-1, CR-2, and IR-2 visas) and spouses and children of legal permanent residents (F2A visas).
Employer-Sponsored Green Card Holders: Consular processing is also available for a green card petition by employment or employer sponsor if you’re not already a U.S. citizen.
Only with Adjustment of Status (AOS) and inside the U.S. You need to wait in your home country until your green card approval if you apply consularly.
Step-by-Step Guide to Consular Processing
Consular processing is not a linear process. You know what you’ll find along the way:
Check Your Eligibility: Make sure you are a green card candidate in one of the visa categories.
Filing of Petition: Your sponsor (U.S. citizen, employer, etc) must submit the proper petition for your green card. For instance, if you’re a spouse of a U.S. citizen, they’d submit Form I-130.
Wait for the Petition To Be Accepted: Once the petition has been approved by the U.S. you need to wait for it to get approved by Citizenship and Immigration Services (USCIS). Approval timelines can vary a lot based on the type of petition and processing in progress.
Visa Available: Once USCIS grants the petition, it will send your application to the National Visa Center (NVC). The NVC will check if you have a visa. You may be approved for a visa the moment you’re married to a U.S. citizen but, if you’re married to a legal permanent resident, you may have some waiting time due to visa availability.
Pay Fees and Send Documents: When you get a visa available, the NVC will inform you to pay fees and provide documents. Form DS-260 – You’ll have to complete the form and enter the personal information needed for your application.
Medical Examination and Interview: You will have to take a medical exam conducted by a physician who is certified by the USCIS before your consular interview. There is a list of physicians on the U.S. consulate website. After the medical exam, you’ll have an interview in person at the U.S. consulate or embassy.
Visa Interview: During the visa interview, a consular officer will look over your file, ask you questions, and give you a recommendation. Once you have a visa issued, and your application approved, you’ll go to the U.S. You will get six months visa from the date of your medical exam.
Get in the U.S.: Once inside the United States, you will be processed by a U.S. border officer and your green card application will be processed. You’ll be sent your green card, after you enter the country, to your U.S. address.
There are Two Types of Visas, CR-1 and IR-1.
CR-1 or IR-1 Visa for marriage-based green card applications. All you’re separating by is how long you’ve been married when your green card is approved.
CR-1 Visa: Provided to couples who have been married for less than 2 years.
IR-1 Visa: Only given to couples married for more than 2 years.
They are both visas under the consular approval process for marriage green cards.
Timeline for Consular Processing
Time from consular processing to your entry into the United States varies depending on several factors such as your sponsor being a U.S. citizen or legal permanent resident, the type of visa you’re applying for, and your country of birth.
Parents of US citizens: Generally, consular processing takes 11.4 to 15 months.
Domestic partners of legal permanent residents: This may take 29 to 40 months depending on the visa number available.
Costs of Consular Processing
Processing through the consulate can cost a fortune, but these are some of the most common:
I-130 (Petition for Alien Relative): $675
Affidavit of Support (Form I-864): $120
Application DS-260 (Immigrant Visa Application): $325.
USCIS Immigrant Fee: $235
That makes it about $1,340 for the majority of family-based green card applicants. Also, medical tests and police documents can be expensive, and depending on the state they may vary in price.
Checking Your Application Status
Check the status of your green card application by entering your case number on the USCIS website or on the Consular Electronic Application Center (CEAC). Track your application and know when your visa will be printed.
How To Proceed When Your Application Is Rejected?
In contrast to Adjustment of Status applicants, who can appeal denials to USCIS or the courts, consular applicants can’t appeal a consular officer’s decision. If you get turned down, you can’t always re-apply. It is because everything has to be done right the first time.
With Law and Visas, you don’t have to worry about getting denied when your application is all the right things done.
Once You Get Your Green Card, Here Are Some Tips.
Congratulations! You will also be a legal permanent resident after you come to the US on your immigrant visa. You will receive a conditional green card for two years if you were not married for more than two years when you came to the United States. To unsubscribe, you’ll have to apply to the U.S. Citizenship and Immigration Services (USCIS) within 90 days of your second anniversary in the United States.
If you have a green card for some time (5 years or 3 years if you’re married to an American citizen), you can become a U.S. citizen.
Consular Processing FAQs
How do consular processing benefits? The benefits are the processing speed and that your green card application will be processed from overseas without having to spend thousands of dollars traveling to the US for an Adjustment of Status.
Is consular processing faster than AOS? Consular processing is sometimes faster than Adjustment of Status, but only in certain circumstances.
Do I get US citizenship after two years of marriage? No, you have to wait 3 years from the date you received your CR-1 visa to become a citizen.
May I travel while consular processing? So, yes, you can go on vacation while consular processing happens, but you’ll need to be there for your visa interview in your home country’s consulate or embassy.
To know more or to get started on your immigration journey, head to Law and Visas today.
