Consular Processing for Green Cards in the U.S.

In 2016, there were about 1.18 million legal immigrants admitted to the United States. As such, these people had to go through a time-consuming process to prepare for their admission into the U.S. They had to face consular processing to make this possible.

But what exactly is consular processing, and what is its role in the process of getting into the country legally? You will find out here.

What Is Consular Processing?

Consular processing refers to something that a person has to face when they want to immigrate from their home country to the United States. To be able to immigrate, they have to go to either the U.S. embassy or consulate in their country. It’s what will lead to them obtaining lawful permanent residence, aka a green card.

The consular processing will have you complete an application for the green card, which means you will have to submit documents at the consulate. Apart from that, you will be required to attend an interview and go through a medical exam.

At the same time, consular processing can be the second part of the application for the green card. Part one could simply mean that a relative of the immigrant has gotten their I-130 petition approved by USCIS on the behalf of the immigrant. It could also be the immigrant being selected in the visa lottery for diversity, or the employer getting an approved I-140 petition and labor certification for the immigrant.

After the interview is over and the applicant is approved for a visa, the immigrant can now go to the United States and claim their lawful permanent resident status without issues.

Which Immigrants Must Go through Consular Processing?

It is very rarely possible to complete your application in the United States. It’s an opportunity that few get to experience. That being said, the majority of immigrants will have to use consular processing as a method to obtain their green cards. It’s the best option if you are living overseas.

There is another method that a few people can use, and it’s known as adjustment of status. It is for people who are already living in the U.S., those who are either relative of a U.S. citizen or are on a visa. Being in any of these situations will allow you to use this method. But keep in mind that those who entered the country illegally or are permitted to stay under an expired visa will not be eligible for adjustment of status.

In addition, you should refrain from trying to enter the United States with a tourist visa. It will deny you the green card that you are trying to obtain, and will even be considered a visa fraud.

Documentation Required for Consular Processing

The first step when it comes to consular processing is having your employer or relative filling out your I-130 or I-140 petition. After this first step, the government will have to decide which consulate will be the best option for you. Your file will be transferred to the consulate as soon as you’ve won the lottery or got your petition approved. It will be sent by the NVC (National Visa Center).

But before that happens, the National Visa Center will have to send the family member you’re immigrating through a bill. The bill will help process your Form I-864, aka the Affidavit of Support. And once your Form DS-261 is received by the NVC, you will be the one getting a bill for the fee for the immigrant visa processing.

You will be interviewed at a specific embassy, and this is what influences the whole process. Both you and the petitioner will have to deal with a medical exam and a lot of paperwork.

How to Get a Green Card through Consular Processing

You have to go through a series of steps for consular processing before you get your Green Card.

First of all, you need to find out if you are eligible to apply for a lawful permanent residence. In most cases, immigrants are eligible after an employer or family member files a petition for them. At the same time, some other people will become permanent residents after getting asylum status or refugee status.

Then, you will have to file the immigrant petition. You just need to know which one. If you need a family-based immigrant petition, you must have your family member file Form I-130 on your behalf. Special categories of immigrants will have to file Form I-360. People who need a Green Card for their job will need an employment-based immigrant petition, aka Form I-140, which is filed by the employer. Form I-526 can also be filed by you if you need to invest good amounts of capital into U.S. business ventures.

Once your petition is submitted, you will have to wait for a decision from the USCIS. You will usually receive a notice. If your petition is approved, you will have your petition sent to the Department of State’s National Visa Center. On the other hand, if the petition is denied, you will get a notice stating the reasons, and whether you can appeal the decision or not. Then, it is up to the NVC to notify you when they receive the petition, as well as when you need to pay the fees.

When the visa is available, you will be scheduled to go to an interview appointment, and then decide if you are eligible. Afterward, when your visa is granted, you will get the “Visa Packet” but you shouldn’t open it. You will have to pay a USCIS immigrant fee, which will then help your visa packet get processed and make your Green Card.

Give your packet to the CBP officer at the port of entry. You will be inspected by the officer to determine if you can enter the States as a lawful permanent resident, and if you’re admitted, you can live and work in the U.S.

After your fee is paid, you will receive the Green Card in the mail once you’re in the U.S.

Consular Processing Interview

When it comes to getting your visa, the last step is meeting a U.S. consular officer for an interview. You will find out the date of the interview on the written notification. The interview will help the government decide if you can be admitted or not.

Consular Processing Time

Although the processing time depends on each particular case, the usual amount of time it takes is 4 to 6 months.

Consular Processing Fees

For consular processing, you will have to pay several fees. In the case of Form I-130, the fee is $535 for filing and $352 for application. Meanwhile, an employment-based green card will require you to pay $1,045.

You will also have to deal with costs for a medical examination, and the price for this may depend on where you choose to have it.

How to Check the Status of Your Application

It’s easy to check the status of your application. On the USCIS website, you will have your account, and you can check for updates there by entering your case number. You will find the number on receipts or notices that USCIS is sending you.

You can also check it on the Consular Electronic Application Center website after you submit your green card application.

Next Steps

After everything else is done, you are now a U.S. green card holder and you can live and work freely in the United States. But bear in mind – if you received your card thanks to your marriage and you’ve been married for less than 2 years, you will only get a 2-year green card. After 2 years, you can apply for a non-conditional green card if you’re still married.

Consular processing is necessary if you want to become a legal U.S. citizen. Hopefully, now you know what this process involves. If you’re still confused, Stilt has you covered with more information.

Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.

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