Texas Consular Processing Attorneys

For individuals currently residing outside the United States, obtaining lawful permanent residence involves a specific procedure known as consular processing. This pathway allows foreign nationals to apply for an immigrant visa at a U.S. consulate or embassy in their home country. Upon successful completion and entry into the U.S., the individual becomes a permanent resident, also known as a Green Card holder.

At De Mott, Curtright & Armendáriz, LLP, our mission is to deliver high-quality and competent legal representation to employers, employees and families in the global community. We understand that the immigration system often presents challenges. We provide clear guidance to help you manage the requirements of consular processing and achieve your immigration goals.

What Happens During Consular Processing?

Consular processing is the procedure used by the U.S. Department of State to issue immigrant visas to individuals outside the United States. It serves as the counterpart to “adjustment of status,” which is the process used by individuals already present in the U.S. to apply for permanent residence without leaving the country.

If you are currently abroad, consular processing is generally the only option available for you to obtain a Green Card. This process involves collaboration between U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State. It requires careful attention to detail and adherence to strict timelines.

Eligibility And Requirements

To begin consular processing, an individual must first establish eligibility. This typically requires an approved immigrant petition filed on their behalf. The most common petitions are family-based (filed by a relative) or employment-based (filed by an employer).

In addition to an approved petition, an immigrant visa number must be immediately available. For immediate relatives of U.S. citizens, visa numbers are always available. However, for preference categories in family and employment-based immigration, there may be a waiting period based on the priority date and the applicant’s country of chargeability.

Steps Involved in Consular Processing

The journey to permanent residence through consular processing involves several distinct stages. Each step moves the applicant closer to their goal of living and working in the United States.

The general process includes the following actions:

• Determine the basis to immigrate: The first step is confirming eligibility through a family relationship, employment offer, or special category.
• File the immigrant petition: A petitioner (family member or employer) files the appropriate form with USCIS.
• Wait for a decision: USCIS reviews the petition. If approved, they forward the case to the National Visa Center (NVC).
• Receive NVC notification: The NVC notifies the applicant and petitioner when the case is received and when a visa number is about to become available.
• Submit fees and documents: The applicant must pay processing fees and submit required supporting documents to the NVC.
• Attend the interview: Once the NVC completes its review, the consular office schedules an interview. The applicant appears in person to answer questions under oath regarding their application.

What to Expect After Approval

Successfully completing the interview is a major accomplishment. If the consular officer approves the application, the applicant will receive a visa packet. It is critical that this packet remains sealed.

Upon approval, the following events occur:

• Receipt of Visa Packet: The consulate provides a sealed envelope containing official documents. This is known as the visa packet and must not be opened by the applicant.
• Payment of Immigrant Fee: The applicant pays the USCIS Immigrant Fee online. This covers the cost of processing the Green Card packet.
• Travel to the United States: The applicant travels to a U.S. port of entry.
• Customs inspection: A Customs and Border Protection officer inspects the sealed visa packet and admits the individual into the country.
• Green Card delivery: After admission, the Green Card is mailed to the applicant’s U.S. address.

Find Your Pathway to Permanent Residence

Consular processing offers a vital pathway for individuals seeking to build a future in the United States. While the procedure involves multiple agencies and strict requirements, it remains a reliable method for reuniting families and enabling professionals to pursue career opportunities.

Since 1976, DMCA has provided outstanding legal assistance in immigration matters. We are committed to helping you understand your options and obtain the best possible outcome for your case. If you have questions about consular processing or need representation, we invite you to contact our team for assistance.