Selected Topics in Immigration Law

Consular Processing of Immigrant Visas

Consular processing is the procedure by which a foreign individual with an approved immigrant visa petition applies to a U.S. Consulate abroad for an immigrant visa in order to enter the United States as a permanent resident.   Consular processing is pursued by those individuals who are not eligible to apply for adjustment of status in the United States or who are not physically present in the United States when their immigrant visa petition is approved.
Who is eligible for Consular Processing?
1. The beneficiary of an approved family-based, employment-based or special immigrant visa petition.
2. Winners of the Diversity Visa Lottery.
3. Spouses and unmarried children under the age of 21 of the above principal applicants.  Exception - dependents of beneficiaries of immediate relative petitions are not eligible to apply for immigrant visas as dependents of the principal applicant. 

The Procedure for Consular Processing

After an immigrant visa petition is approved, the USCIS forwards the approved petition to the National Visa Center (NVC) of the U.S. Department of State.  When an immigrant visa number becomes available, the NVC sends a packet to the applicant or his attorney, which includes:

  • 1) State Department forms for applying for immigrant visas,
     
  • 2) an affidavit of support for all family-based cases and some employment-based cases,
     
  • 3) a list of documents which must be obtained for the visa interview, and
     
  • 4) further instructions on the process.The applicant completes the forms and returns them with fees, as instructed, to the NVC.

The applicant must also gather the following documentation:  passports, birth certificates, police certificates, court and prison records, military records, and marriage and divorce certificates for each person immigrating.  Upon receipt of the forms and notification that the applicant has obtained all necessary documents, the NVC or Consulate will issue another packet to inform the applicant of the exact time and date of the visa interview appointment and on how to obtain the required medical examination.  If the application is approved, the individual will be issued an immigrant visa valid for six months.

The individual must enter the United States with this immigrant visa within this six-month period.  Upon entry to the United States, the individual's passport is stamped with temporary documentation of his or her permanent resident status and is processed for a green card.

The green card is sent to the individual's U.S. address.  If the application for an immigrant visa is denied by the U.S. Consulate, the principal consular officer at the Consulate will review the denial.  If the denial stands, the applicant's attorney may contact the Department of State in Washington, D.C. for an Advisory Opinion.  There is no appeal process for the denial of a decision of a consular officer of the United States.

To request a consultation regarding consular processing of an immigrant visa, please contact our office here.