Los Angeles Consular Processing Lawyer
Clear Guidance
Careful Preparation
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BECOMING A PERMANENT RESIDENT
Can You Apply for a Green Card From Outside the United States?
Consular processing is the immigrant visa process used by many applicants who will complete their green card case outside the United States.
After the underlying immigrant petition is approved, the case may be transferred to the National Visa Center before the applicant attends an interview at a U.S. embassy or consulate abroad.
For many families, this is the normal path when the person seeking permanent residence lives outside the United States. It may also be necessary for certain applicants who are physically present in the United States but are not eligible to adjust status here.
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WHO MAY USE CONSULAR PROCESSING
Consular Processing May Be Available Through
Marriage-Based Immigration
A U.S. citizen or lawful permanent resident may petition for a qualifying spouse who will complete the immigrant visa process outside the United States.
Approved I-130 Petitions
After USCIS approves many family-based Form I-130 petitions, the case is transferred to the National Visa Center for the next stage of immigrant visa processing.
Family-Based Petitions
Parents, children, siblings, and other qualifying relatives may obtain permanent residence through consular processing when the applicable petition is approved and an immigrant visa is available.
Applicants Who Cannot Adjust Status
Some applicants who are not eligible to complete adjustment of status within the United States may need to pursue permanent residence through a U.S. embassy or consulate abroad. Whether it is safe to leave the United States should be carefully evaluated before travel occurs.
THE CONSULAR PROCESSING PROCESS
Petition and Case Evaluation
We review the immigrant petition, the applicant’s immigration history, visa availability, and any potential issue that could affect immigrant visa eligibility.
National Visa Center Processing
Medical Examination and Visa Interview
Before the interview, the applicant generally completes the required medical examination and follows the instructions of the U.S. embassy or consulate handling the case.
The applicant then attends the immigrant visa interview, where a consular officer determines whether the applicant qualifies for the requested visa.
Visa Issuance and Entry to the United States
WHY LEGAL GUIDANCE MATTERS
Small Issues Can Have Major Consequences
Unlawful Presence and Departure From the United States
For applicants currently inside the United States, leaving the country can have serious immigration consequences. Certain periods of unlawful presence may result in a three-year or ten-year inadmissibility bar after departure. Some applicants may qualify for a provisional unlawful presence waiver before leaving the United States. A person should not assume that an approved I-130 petition means it is safe to depart the country.
Prior Immigration History
Prior entries, departures, removal orders, visa applications, immigration violations, or previous encounters with immigration authorities may affect eligibility for an immigrant visa.
These issues should be reviewed before the case reaches the consular interview.
Crimes or Misrepresentation
Certain criminal matters, prior misrepresentations, false documents, or inaccurate statements to immigration officials may create grounds of inadmissibility.
Whether a waiver or other legal strategy is available depends on the specific facts of the case.
Financial Sponsorship and Documentation
Many family-based immigrant visa cases require an Affidavit of Support and supporting financial evidence.
Incomplete financial documentation, insufficient income, missing civil documents, or inconsistencies between applications can result in delays or requests for additional evidence.
We identify potential problems before an application is filed.
COMMON QUESTIONS
Consular Processing FAQs
Who should use consular processing?
Consular processing is generally used by applicants who will obtain an immigrant visa through a U.S. embassy or consulate outside the United States.
This commonly includes spouses and relatives who live abroad. It may also include people who are physically present in the United States but do not qualify to obtain permanent residence through adjustment of status.
Determining which process applies requires more than simply looking at where a person currently lives. The applicant’s manner of entry, immigration history, visa category, prior violations, unlawful presence, and possible grounds of inadmissibility may all affect the appropriate strategy.
What happens after my I-130 is approved?
Approval of Form I-130 establishes the qualifying family relationship, but it does not by itself grant permanent residence or an immigrant visa.
For cases being processed abroad, USCIS generally forwards the approved petition for Department of State processing. When appropriate, the National Visa Center creates the immigrant visa case and provides instructions concerning fees, financial sponsorship, the DS-260 immigrant visa application, and supporting documents.
After the required materials have been submitted and the case is ready for further processing, the applicant may eventually be scheduled for an immigrant visa interview at the appropriate U.S. embassy or consulate.
What is the National Visa Center?
The National Visa Center, commonly called the NVC, handles important pre-interview stages of many immigrant visa cases after the underlying petition has been approved.
Depending on the case, the NVC process may involve payment of government fees, completion of the DS-260, submission of an Affidavit of Support and financial evidence, submission of civil documents, and communication concerning missing or insufficient documentation.
The NVC does not conduct the final immigrant visa interview. The visa application is ultimately adjudicated by a consular officer at the appropriate U.S. embassy or consulate.
What is Form DS-260?
Form DS-260 is the online Immigrant Visa and Alien Registration Application used by applicants completing immigrant visa processing through the Department of State.
The application requests extensive information concerning the applicant’s personal history, addresses, employment, family, prior travel, immigration history, security-related questions, and other matters relevant to visa eligibility.
Applicants should carefully review the information provided because inconsistencies or inaccurate answers can create problems later in the process.
Do I need an Affidavit of Support?
Most family-sponsored immigrant visa cases require a qualifying financial sponsor to submit an Affidavit of Support.
Depending on the circumstances, the case may involve Form I-864, I-864A, I-864EZ, a household member, or a joint sponsor.
Financial sponsorship should be addressed early so that income or documentation problems do not unnecessarily delay the case.
Can I leave the United States for my interview if I overstayed my visa or entered without inspection?
This is an issue that should be evaluated before departure.
Leaving the United States after accumulating certain periods of unlawful presence can trigger grounds of inadmissibility. Other immigration history—including prior removals, multiple unlawful entries, fraud, criminal history, or prior immigration violations—may create separate problems.
Certain applicants may qualify for a provisional unlawful presence waiver before leaving the United States, but that waiver addresses only particular unlawful-presence grounds and does not eliminate every possible ground of inadmissibility.
An applicant with immigration violations should obtain individualized legal advice before departing the United States for a consular interview.
What happens at the immigrant visa interview?
The applicant attends the designated U.S. embassy or consulate with the documents required by that particular post.
A consular officer reviews the case, interviews the applicant, and determines whether the applicant has established eligibility for the immigrant visa.
The officer may approve the visa, request additional information or documentation, place the case into additional administrative processing, or determine that the applicant is inadmissible or otherwise ineligible.
What does a 221(g) refusal mean?
A refusal under INA § 221(g) generally means the consular officer has not determined that the applicant is presently eligible for visa issuance.
In some cases, additional documents or information are required. Other cases require additional administrative processing.
A 221(g) refusal is therefore not necessarily the end of the case, but the applicant should carefully follow the instructions provided by the consular post.
How long does consular processing take?
There is no single processing time that applies to every immigrant visa case.
The timeline may depend on USCIS processing of the underlying petition, visa availability, National Visa Center review, whether additional documents are requested, interview availability at the particular embassy or consulate, the applicant’s medical examination, and whether the case requires administrative processing or a waiver.
Processing times and interview availability can change substantially.
What kind of experience does your office have with consular processing?
Attorney Gabriel Sandoval has practiced law since 2010 and represents individuals and families in immigration matters involving family petitions, permanent residence, consular processing, waivers, and related immigration issues.
GS LAW, APC assists clients throughout the process—from evaluating the underlying petition and identifying potential admissibility concerns to preparing National Visa Center submissions, organizing financial and civil documents, reviewing the DS-260, and preparing applicants for their immigrant visa interviews.
Our approach is to identify potential problems before the case reaches the consulate, explain the available options in understandable terms, and prepare the case as carefully as possible.
Representation is available in both English and Spanish.