Consular Processing - Eligibility and Process

Eligibility
Foreign nationals who reside abroad or are ineligible to adjust status in the U.S. must apply for a family-based immigrant visa at a U.S. consulate.

Process
I-130 petitions may be filed either in the US with the US Citizenship and Immigration Services (USCIS) or at a U.S. Consulate abroad. Approved immediate relative petitions filed in the US will be forwarded to the National Visa Center (NVC) for further processing, while the ones filed abroad will be returned to the same consulate for immigrant visa (IV) processing.

Once the case is current (a visa is available), the NVC sends out to the applicant a set of instructions including a bill notification and a list of forms and documents. When the required documentation is returned to the NVC office, the file will be forwarded to the consular post and a visa interview will be scheduled. The beneficiary will be advised to complete his/hers medical examination prior to the interview.

After a successful interview, an immigrant visa is issued. The visa is valid for six months from the date of issuance. Along with the visa, the applicant will receive a sealed envelope containing information that will help process his or hers permanent resident card. The immigrant visa holder must travel to the U.S. within the visa validity period. A permanent resident card will be mailed to the address provided to the consular officer.

A Two-Year Conditional Resident Status is imposed on LPRs who obtained their status based on a marriage with a U.S. citizen that occurred within two (2) years of adjusting to permanent resident in the U.S. or entering the U.S. as a permanent resident following a consular process.

Charlotte Immigration Law Firm

Charlotte Immigration Attorney in NC

Consular Processing - Eligibility and Process