While immigrating to the United States can be challenging, it is also easier than many people realize. One of the most convenient aspects of this process is the fact that you do not need to leave your home nation. Through a system of “consular processing,” you can apply for a US visa without actually visiting the United States. In fact, this is a common option – and it is recommended by immigration officials in the United States. You can navigate consular processing with an experienced immigration lawyer in Texas without ever leaving your home nation. How does consular processing work? What steps do you need to take?
What Is Consular Processing?
When applicants apply for green cards while living outside of the United States, this is called “consular processing.” A “consulate” is a facility inside your country that represents the United States. Consular processing may also be possible at a U.S. Embassy. You may have heard that embassies and consulates are effectively “mini nations” within other countries. The premises are considered American property, and these locations have the authority to process visa applications.
Consular processing is a positive choice for those who want to emigrate to the United States legally. While some might attempt to enter the United States before applying for “adjustment of status” (AOS), this strategy may not be as effective for various reasons. Generally speaking, United States immigration officials do not want people to enter the United States for the specific purpose of applying for a green card upon arrival. In fact, this could constitute immigration fraud if you lie about your reasons for entering the country.
Step One: Determine Whether You Are Eligible for Consular Processing
Before you go any further, it makes sense to determine whether consular processing is even possible. Only certain people are eligible for consular processing, and you may need to consider another method. Consular processing is reserved for two different categories of visas:
- Consular Processing for Family Members: Immigrants often pursue green cards through family connections. If you have a spouse or parent who is a US citizen, you can apply for a green card through consular processing. Depending on your situation, this might involve a CR1, CR2, IR1, or IR2 visa.
- Consular Processing for Foreign Workers: Consular processing may also be possible for foreign workers. A variety of employment-based visas could go through this process, including E1, E2, E3, E4, and E5 visas.
Step Two: Apply for Your Visa
The next step is to create your visa application. This could be more complex than you realize, especially with the need for “sponsors.” Regardless of whether you are pursuing an employment or family-based visa, someone else must sponsor your application. For example, you might be applying for a green card based on your marriage to a US citizen. If this is the case, your spouse will need to sponsor your application. Alternatively, you might be applying for an employment-based visas. In this case, your employer will need to sponsor your application.
In other words, multiple people will need to assist you with your application. At least part of the application must be filled out by the sponsor, and your immigration lawyer might also help you fill out the relevant forms. Note that even a small mistake can cause your application to be denied. It makes sense to approach your application carefully and double (or triple) check everything before you send it.
Step Three: Navigating the National Visa Center Process
After you submit your visa application, you may have to wait a considerable period for a response. There is no easy way to tell how long this process will take. The best you can do is complete your application carefully, as any omissions or errors will cause unnecessary delays.
Once you receive a decision from immigration officials, you may have to take various further steps. If your petition has been denied, you’ll need to speak with your lawyer about what went wrong. It may be that only a minor adjustment is necessary. Perhaps you failed to include a supporting document. In some cases, it may be necessary to pursue a completely different immigration strategy after a denied petition.
If all goes well, your petition will be approved. In this situation, you’ll take further steps via the National Visa Center or “NVC.” The NVC is part of the US Department of State, and it processes immigrant visa applications. Specifically, it handles the “pre-processing” stage, of visa applications.
Although your petition might have been approved, there are still many steps before you receive your visa. One of the most defining characteristics of consular processing is the interview process. The NVC will contact you and inform you of your upcoming interview. This interview will take place alongside a consular officer, and your immigration lawyer can help you prepare.
During your interview, you may face a range of questions. They may ask you about your background and why you are choosing to relocate to the United States. Many of these questions will depend on your specific visa. If you’re applying through an American spouse, expect some questions to touch upon your marriage. If you’re applying for an employment visa, expect questions about the nature of your work.
If all goes well, you should receive your visa packet after your interview. Your green card should follow, and you will have the right to enter the United States under the terms of your visa. Note that this is a simplified explanation of the entire process, and you can receive more accurate guidance from an immigration lawyer.
Contact The Presti Law Firm to Get Started
If you are ready to get started with consular processing, consider contacting The Presti Law Firm. Our experienced Texas immigration lawyers can guide you through consular processing while you remain in your home nation. Thanks to video calling and other technology, there is no need to visit our Dallas law firm to begin your immigration process. Contact us today – and take your first steps toward a new life in the United States.