CONSULAR FOCUS: CONSULAR PROCESSING

Applicants for permanent residency typically have two routes to completing their cases. The more familiar of these, adjustment of status, occurs when the noncitizen is in the U.S. A petition to adjust status to that of lawful permanent resident is submitted to one of the four INS Service Centers. This method has been much preferred recently, in part because it eliminated the need for costly travel abroad. The INS is in charge of processing adjustment petitions.

The other method, called consular processing, is available when the noncitizen wishes to obtain an immigrant visa from a U.S. Embassy or consulate in their native country. This procedure is controlled by the Department of State rather than the INS. As adjudications of adjustment petitions have slowed down over the past few years, and especially since the INS halted work on them entirely a few months ago, consular processing begins to have its advantages.

The first step to consular processing is INS approval of an immigrant visa petition for the noncitizen. The petition is then forwarded to the National Visa Center (NVC). If an immigrant visa is immediately available, the petitioner can request the INS to send notice to the consulate where processing will occur. On the basis of this notice, the consulate will being processing. When there is not an immediately available immigrant visa, the petition is stored at the NVC while the noncitizen waits for a current visa number to come available. The NVC will send notice of receipt to the petitioner.

After an immigrant visa becomes available – when the priority date is reached - the NVC sends what is known as Packet 3 to the beneficiary. The NVC then sends the petition to the consulate listed on the application. The consulate will make the final determination over whether it has jurisdiction of the case. The consulate in a person’s country of birth will always have jurisdiction over the person’s petition. Packet 3 contains forms for biographic information, an affidavit of support and a checklist of documents that will be required for processing. As soon as all these documents are gathered, the beneficiary is to notify the consulate.

Next, the consulate will issue Packet 4. Packet 4 contains an appointment letter, information about medical appointments, and the immigrant visa application. The applicant must fill out the application, get a medical exam at a consulate designated doctor’s office, and then go to the consulate at the appointed time. There the applicant is interviewed, and if they are not excludable, the immigrant visa must be issued. The visa is valid for six months, meaning the immigrant must move to the U.S. within that time period.

< Back | Next >

Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.