Consular Processing

Serianni Law can assist in bringing foreign nationals to the United States through Consular Processing, which is a primary way a foreign national may obtain permanent resident status (a green card) for either family-based or employment-based applications.

"Consular Processing" is the process where an individual who is the beneficiary of an approved immigrant petition and has an immigrant visa number immediately available applies at a U.S. Department of State Embassy or Consulate abroad for an immigrant visa in order to come to the United States and be admitted as a permanent resident.

At a Glance

Consular processing is often the path for applicants outside the United States, and in some cases it is the only available path to permanent residence.

Steps for Consular Processing

Determine Your Basis to Immigrate: The first step in consular processing is to determine if you fit into a specific immigrant category. Most immigrants become eligible for a green card through a petition filed by a family member or employer. Others become permanent residents through first obtaining refugee or asylum status, or through other special provisions.
An Immigrant Petition is Filed on Your Behalf: Family-based categories require that a U.S. citizen or permanent resident relative file a Form I-130, Petition for Alien Relative. Employment-based categories require the intending U.S. employer to file a Form I-140, Petition for Alien Worker.
The Immigrant Petition is Approved: USCIS notifies the petitioner of a decision. If approved, USCIS will send the approved petition to the Department of State's National Visa Center (NVC), where it will remain until an immigrant visa number is available.
Notification from the National Visa Center: The NVC will notify the petitioner and beneficiary when the visa petition is received and when an immigrant visa number is about to become available. They will also request processing fees and supporting documentation.
Schedule Your Consular Appointment: Once a visa is available, the Consulate will schedule an interview. Every applicant must complete a DS-160 Form electronically and pay the visa processing fees.
After Your Visa is Granted: If granted, the consular officer will give you a sealed "Visa Packet" which you should not open. Give this packet to the Customs and Border Protection officer at your U.S. port of entry.
Receive Your Green Card: Once you enter the U.S., your green card will be mailed to you within several weeks, giving you the authority to live and work in the United States permanently.

Important Note

Those already outside the U.S. must use consular processing. Some individuals inside the U.S. without valid admission may need to depart and use consular processing, potentially triggering re-entry bars that require waivers.

Choosing Between Adjustment of Status and Consular Processing

When Consular Processing May Fit

Consular processing is often faster and is required for many applicants who are living abroad or who cannot complete adjustment of status inside the United States.

When Adjustment of Status May Fit

Adjustment of status can allow eligible applicants in the U.S. to remain here during the case, but it may involve longer timelines and separate work or travel filings.

When to Seek Legal Assistance

Case Strategy

Legal guidance can help determine the best route to permanent residence and identify issues before a consular interview is scheduled.

Documentation and Interview Prep

Careful preparation can help reduce avoidable delay, improve organization, and prepare the applicant for questions at the consular stage.

Complications and Waivers

Past immigration violations, inadmissibility concerns, or criminal history can require additional legal analysis and waiver strategy.

Serianni Law has extensive experience with consular processing cases and can guide you through each step of this complex process.

Consular Processing