When you sponsor a family member living outside the U.S. for permanent residency, they must go through consular processing to obtain approval for their immigrant visa. Depending on the circumstances, consular processing for immigrant visas can involve a long, complex process. Turn to the experienced legal team at LaFountain & Wollman for help. Our attorneys have over 40 years of combined experience assisting clients and families through the immigration process. We offer you or your loved one a safe harbor to pursue the American Dream by obtaining family preference immigration to the U.S.
Understanding Consular Processing
Consular processing provides a pathway for a foreign national who has their immigrant petition approved and receives an immigrant visa number to apply for lawful permanent residence. Foreign nationals outside the U.S. who have their immigration applications approved may pursue admission as a lawful permanent resident through a U.S. consulate in their country of residence.
Most foreign nationals living outside the U.S. become eligible for lawful permanent residency after having a family member or employer petition for their entry as a permanent resident. However, foreign nationals may also seek permanent residency through refugee or asylum status or other special provisions.
Consular processing represents the typical path for family members to obtain lawful permanent residency in the U.S. Conversely, foreign national family members who have already lawfully entered the U.S. must obtain permanent residency through the adjustment of status process.
Eligibility for Visas Through Consular Processing
A foreign national may become eligible for an immigrant visa through consular processing after the government approves their Form I-130, Petition for Alien Relative. The foreign national must then wait for an immigrant visa number before scheduling an interview at a consulate. Unfortunately, family preference immigrants may have a longer wait to receive an immigrant visa number before they can schedule a consular interview.
What to Expect in Consular Processing
Consular processing begins with a U.S. citizen or lawful permanent resident petitioning for a foreign national family member’s lawful permanent residency by filing Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). USCIS must approve the petition before the case can proceed to the National Visa Center. After USCIS’s approval, an immigrant will have their case transferred to the Department of State’s National Visa Center for processing, which involves sending a welcome letter to the applicant with instructions for submitting fees, forms, and supporting documentation.
U.S. law limits the number of family preference immigrant visa numbers issued each year, with limits based on visa category and the applicant’s country of citizenship. However, an immediate relative (a spouse, parent, or unmarried child under 21) may receive their immigrant visa number immediately. As a result, other immigrant family members may have to wait several months or years before receiving a number.
Applicants must also submit a Form I-864, Affidavit of Support, under which an individual residing in the U.S. agrees to accept financial responsibility for the applicant. This agreement lasts until the applicant becomes a U.S. citizen or earns 40 qualifying quarters of work under the Social Security system.
The applicant must also submit a Form DS-260, Application for Immigrant Visa and Alien Registration, along with relevant supporting documentation such as a birth certificate or certificate of adoption, marriage certificate or marriage termination documents, military records, police or court records, and photocopies of passport biographic data pages.
Once an applicant receives their immigrant visa number, the National Visa Center will notify the applicant, their petitioning family member, and their legal counsel of the appointment date with the U.S. embassy or consulate. Applicants must complete a medical exam with an authorized physician in the country where the applicant interview will occur.
The applicant must go to the designated U.S. embassy or consulate on the scheduled interview date with their Form DS-260 confirmation page and supporting documentation. The consular officer will interview the applicant, review their documentation, and determine their eligibility for an immigrant visa.
Common Challenges in Consular Processing
Some of the challenges that immigrants can face during consular processing include:
- Delays in Processing Times – Applicants seeking lawful permanent residency through family preference may need to wait months or years before an immigrant visa number becomes available to allow the applicant to obtain a consular interview.
- Gathering Necessary Supporting Documentation – Depending on an applicant’s circumstances, they may need various documents to establish their eligibility for an immigrant visa. Failing to submit supporting documentation may provide grounds for a consular officer to deny an application.
- Preparing for the Consular Interview – Applicants must take several steps before their consular interview, including obtaining a medical examination from an approved physician, gathering supporting documentation, and submitting their Form DS-260.
How Our Firm Can Help
The attorneys at LaFountain & Wollman P.C. are here to help your family through the consular process so your loved one can secure permanent residency in the U.S. We will:
- Review your family’s situation to determine your loved one’s eligibility for an immigrant visa and which visa categories you might apply for
- Explain what to expect in consular processing, including how long it might take your loved one to secure a consular interview
- Help your family gather the documentation you need for the application
- Ensure you or your loved one follow the required steps before the consular interview, including preparing for questions the consular officer might ask
- Assist you or your loved one with the necessary paperwork to secure a green card
Contact LaFountain & Wollman to Get Legal Help and Advocacy
When petitioning for lawful permanent residency in the U.S. for a family member living abroad, you need experienced legal counsel to help you understand consular processing and what to expect during the immigrant visa application process. Contact the team at LaFountain & Wollman P.C. today for an initial consultation in Middlesex County, MA, to discuss your family member’s eligibility and options for entering the U.S. through consular processing.