Dearborn Michigan Consular Processing Lawyer

Bethany McAllister

Unlike nonimmigrant tourist, student, and specialty worker visas, which allow someone to remain in the United States for a limited period of time, an immigrant visa permits the person who receives it to live indefinitely in the United States and to seek employment.

What Is Consular Processing | Procedure and Processing Times | Benefits of Consular Processing | Documents Needed

What is Consular Processing
Consular Processing is one of the options for a beneficiary of a family or employment-based petition to become a permanent resident. Consular Process requires an approved immigrant petition and an available visa number, then the foreign national applies for an immigrant visa at a U.S. consulate overseas. If the beneficiary of the approved petition is in the United States, he or she may be eligible for adjustment of status rather than consular processing.

Procedure and Processing Times
When you file I-130 petition (for family-based green cards) or I-140 petition (for employment-based green cards), you can decide whether to apply for adjustment of status or consular processing. This process describes what happens when you choose consular processing.

• After the U.S. Citizenship and Immigration Services (USCIS) approves the immigrant petition, the USCIS forwards the approval notice (the I-797 Notice of Action) to the National Visa Center (NVC). If the immigrant petition did not select consular processing, you may file Form I-824 to request consular processing. This process takes four to six weeks.
• The NVC sends an information and forms packet (called a “Packet 3”) to you when an immigrant visa number becomes available. You should receive the Packet 3 within two or three weeks after the immigrant visa number has become available.
• You and your family must complete the forms and provide the information requested in Packet 3 and return it to the NVC.
• The NVC processes the Packet 3. This takes about 4-6 weeks.
• The NVC notifies the State Department Visa Office of the completed Packet 3 processing and requests allocation of visa numbers for the alien and his family. This will happen in about 10 days.
• The NVC schedules an immigrant visa processing appointment for you and your family at the U.S. consulate which will issue an immigrant visa. You must attend the appointment at the U.S. consulate abroad. Processing the immigrant visa will take approximately 8-10 weeks, unless there are problems with security. Once you enter the United States with your immigrant visa, you are a lawful permanent resident of the United States.

Benefits of Consular Processing
The basic benefit of applying for Consular Processing is that you may become a permanent resident faster than through adjustment of status. The time frame for Consular Processing is between 5 and 13 months, after your immigrant petition is approved.

Documents Needed
You need the following documents for Consular Processing:

• The Original I-797 approval notice for your I-130 or I-140 immigrant petition;
• Consular Processing application forms;
• A copy of the immigrant petition as filed;
• The receipt notice for Form I-824 (if you requested consular processing when filing your immigrant petition) or the approval notice for Form I-824 (if you requested consular processing after filing your immigrant petition);
• Medical exam;
• Birth Certificate;
• Passport;
• Military Records, if applicable;
• Marriage Certificates, if applicable;
• Documentation of termination of prior marriages (e.g. divorce decree or death certificate), if applicable;
• Evidence that your last residence was in the host country of the embassy or consulate;
• Employment information for the past 10 years;
• Address since the age of 16; and,
• Police certificates from every country where you have resided for one year or more since the age of 16.

Any documents in a foreign language must be translated into English.