Consular processing

/ Adjustment of status & consular processing / Immigration overview

Consular processing is a method of obtaining an immigrant visa to enter the United States for the purpose of becoming a lawful permanent resident (green card holder). It is an alternative to the process of adjustment of status, which is used by individuals already in the United States on a temporary or non-immigrant visa to change their immigration status to that of a permanent resident.


What are the key points about consular processing?

  • Application Abroad: Consular processing involves applying for an immigrant visa at a U.S. consulate or embassy in the applicant's home country or another country where they are a legal resident. It is generally used by individuals who are outside the United States and wish to immigrate.
  • Sponsorship: In most cases, an individual seeking an immigrant visa through consular processing must have a family member or employer in the United States who sponsors them by filing an immigrant petition on their behalf. The most common immigrant petition forms include Form I-130 for family-sponsored applicants and Form I-140 for employment-based applicants.
  • National Visa Center (NVC): The National Visa Center is a U.S. government agency responsible for processing immigrant visa applications. After the immigrant petition is approved by U.S. Citizenship and Immigration Services (USCIS), the NVC plays a role in collecting required documentation, processing fees, and coordinating the visa interview appointment at the U.S. consulate or embassy.
  • Visa Interview: The applicant must attend an in-person interview at the U.S. consulate or embassy. During the interview, a consular officer will assess the applicant's eligibility for the immigrant visa and their admissibility to the United States.
  • Medical Examination: Applicants are often required to undergo a medical examination by a panel physician designated by the consulate and provide a completed medical examination report (Form DS-2054).
  • Security and Background Checks: The U.S. government will conduct security and background checks on the applicant. These checks are a standard part of the consular processing procedure.
  • Visa Issuance: If the visa is approved, the applicant is issued an immigrant visa in their passport, allowing them to enter the United States as an immigrant.
  • Entry to the United States: Once the immigrant visa is issued, the individual can enter the United States and will be inspected by U.S. Customs and Border Protection (CBP) at a U.S. port of entry.
  • Green Card Application: After entry into the United States, the individual will need to apply for a green card (lawful permanent resident status) by filing Form I-485, Application to Register Permanent Residence or Adjust Status.
Consular processing is commonly used for family-sponsored and employment-based immigrants living outside the United States. The specific steps, documentation requirements, and processing times can vary depending on the type of immigrant visa and the individual's circumstances. It is advisable to seek legal guidance or consult with an immigration attorney to navigate the consular processing process successfully and to ensure that all requirements are met accurately and on time.

How Kananchuk Law Office can help with your Consular Processing?

Consular processing can be complex and involve various legal and administrative requirements. We have the experience and expertise to navigate the process successfully, ensuring that all steps are taken correctly and that any issues or complications are addressed effectively.

We can provide guidance, representation, and advocacy to protect your interests and increase the likelihood of a successful outcome in your immigration case. We will help you with:


Petition Preparation

Our attorney will help you or your sponsor prepare and file the immigrant petition (e.g., Form I-130 or Form I-140) accurately and provide guidance on the necessary documentation.


National Visa Center (NVC) Assistance

Our attorney will guide you through the NVC process, ensuring all required fees and documents are submitted on time.


Visa Interview Preparation

Our attorney will prepare you for the visa interview by helping you gather necessary documents and coaching you on what to expect during the interview.


Medical Examination

Our attorney can recommend designated panel physicians and ensure that the medical examination process is completed properly.


Background Checks and Admissibility

Our attorney can help you address any admissibility issues and security clearances if they arise during consular processing.


Consulate Communication

Our attorney can communicate with the U.S. consulate or embassy on your behalf, addressing any concerns or issues that may arise.


Entry into the U.S.

After visa approval, our attorney can provide advice on your entry into the United States and related immigration processes.

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Attorney Krystsina Kananchuk is committed to obtaining protection for you and your family.

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