Consular Processing: Immigrant Visas and Non-Immigrant Visas

Immigrant Visas: Consular processing is the process by which a beneficiary of an immigration petition applies for an immigrant visa at a U.S. consulate abroad. For intending immigrants outside of the U.S. (or who are deemed not eligible for Adjustment of Status) one must apply for and process their immigrant visa at a U.S. consulate abroad, most often in their home country.  Consular Processing Flowchart

If you have an approved immigrant visa petition and are currently residing in the United States, you may be eligible for an adjustment of status.

Adjustment of Status, which is processed through the United States Customs and Immigration Services (USCIS) is availible only to persons currently living in the U.S. The benefit of qualifying for an adjustment of status is that you do not need to leave the United States for processing.

An alternative to Adjustment of Status is Consular Processing.

Adjustment of status is the process by which a person already in the U.S. has their immigration status adjusted to that of a permanent resident verses Consular Processing for someone outside of the U.S. who is the beneficiary of an approved relative visa petition.

The relative visa petition is filed with the USCIS by the "petitioner" who is either an immediate family member or employer. Once the petition is approved, the National Visa Center ("NVC") initiates contact with the intending immigrant providing instruction on what information, additional fees and forms will be required to proceed with the consular processing process. Ultimately, the visa applicant with be scheduled for a personal interview at the designated U.S. Consulate. If the application is approved after the interview, a visa will be issued.

Non-immigrant Visas: Persons intending to enter the U.S. for a temporary period must apply for and obtain the appropriate visa for their purpose of visit to the United States. Such persons include: temporary visitors for business or pleasure, students, treaty-trader investors, representatives of foreign media, exchange visitors, and foreign professionals.

Consular processing is highly complex and it is advisable that you seek legal assistance through your visa application process.

Contact Malee about obtaining your legal permanent residency or Green Card.

 

 

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