What is Consular Processing?
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Hi everyone, and welcome back to Kriezelman Burton and Associates. This is Erin Cobb, a partner here at our immigration law firm. As mentioned in our previous blog post about entering without inspection (EWI), we are talking bout consular processing today.
Picture this: you are visiting an immigration lawyer, and you are excited because it is finally time to apply for your green card. However, your lawyer tells you that you have to consular process. What is it? And why do you have to do it?
First, what is consular processing? It means that you have to process your green card through the consulate. Usually, we use this phrase when we talk about applying for your green card. It is officially called lawful permanent residency by going through the State Department and then the U.S. consulate in your home country.
Here is how it works:
- Your relative or employer files a petition for you with the United States Citizenship and Immigration Services, or the USCIS here in the U.S.
- Once approved, the USCIS sends it over to the State Department, specifically the National Visa Center, or NVC. The NVS then reaches out to you and collects your application fee, immigrant visa application, and biographical documents such as birth and marriage certificates.
- Once the NVC has all the required documents, it will schedule you an appointment at the U.S. consulate in your home country and passes on your information.
- Once you have completed this appointment, and if you are eligible, you are granted your immigrant visa. The day that you enter the United States on that visa, you will become a permanent resident.
Of course, however, the process is not really that simple. Unfortunately, there are many ineligibility grounds that can cause issues when someone is applying for their green card through consular processing. Due to this, you must talk to an attorney who specializes in immigration law before you depart the country.
Anyone outside of the United States and applying for permanent residency uses the consular process to obtain their green card. However, many individuals are in the U.S. who also have to go through the consular process when applying for permanent residency.
Sometimes the phrase consular processing is used to talk about other visas as well. For example, a person who wants to apply for a student visa and is already in the U.S. may not be able to change their status unless they complete the process abroad. Why would someone have to depart the U.S. and go back to their home country to apply for the green card through the consulate? That’s going to be the topic of our next blog post.
Thank you for reading. Be sure to check back soon for more information and explanations of the immigration process and immigration law. If you have any questions, or you or someone you know requires legal representation or assistance in your immigration case, please contact our office. We are here to help.
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Brittni Rivera and her team (Carina Lopez) are fantastic! They are responsive, efficient and beyond compassionate. Brittni Rivera and her team treated me with dignity and respect as they patiently answered all of my questions. They didn't move on without making sure I understood each step. Their work ethic was impressive. It felt like they were an extension of my personal team. I can't say enough to convey my gratitude…
We hoped and prayed for this day, not knowing if it would ever come. Deportations are incredibly scary and overwhelming. We wanted to give a very special thank you to Jennifer Peyton of Chicago for securing this victory for us! With Jennifer on our side we were able to get our loved one back. On behalf of our family, thank you. When we started this journey, we had hoped and…
Matthew Kriezelman, first of all, thank you very much; you and your team are the best immigration lawyers in Chicago. I had a great experience—your professionalism was outstanding, and you were always there whenever needed. I give you five stars for the wonderful work you and your team did. Thanks again.
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We would like to take a moment to sincerely thank Khiabett for her exceptional work and dedication in handling my husband’s removal proceedings case. We also want to thank Agata for her great communication during the gathering of all documents. Khiabett we are incredibly grateful for your expertise, guidance, and persistence throughout the entire process. I can't thank you enough for your empathy and standing by me during such a…
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I wanted to share my experience and say that attorney Britney Rivera is extremely competent in her work. I had heard from friends that she was a very strong lawyer, and she certainly proved to be one. She won our case in a very short time, and my family and I are incredibly grateful to her!🌹And a big thank you to her team as well!🌹🌹🌹
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