The Consulate Interview Process
Consular Processing is usually an option when you are outside the United States.
WARNING: Consular processing occurs outside the United States at the consulate or embassy in the home country. If the person seeking the immigration benefit is already within the United States, it is crucial that you get the correct legal advice before leaving the United States to Consular Process. Leaving the United States under the wrong conditions may bar you from re-entry for 10 years in some cases. Please make sure you consult an attorney prior to traveling abroad for Consular Processing.
There are generally two steps to a Consular Processing petition. First, it is important to determine the basis of eligibility for the non-immigrant visa or green card. Green Cards can be based on a petition by a family member or an employer. As with Adjustment of Status, some humanitarian statuses can also be the basis of an immigrant petition.
The process begins with determining eligibility and filing the proper immigrant petition. For instance, a person may be the beneficiary of an approved employment-based petition filed by an employer. Upon approval, the petition is forwarded to the National Visa Center (NVC) for further processing. The National Visa Center does not make decisions on the petition. It simply assembles documents for the Consulate or Embassy.
On a family petition case, the first step is the family petition itself. The Citizen or LPR family member files the family petition with evidence of the familial relationship. If it is approved, the intending-immigrant is then given a “priority date.” Depending on what category your family member is in, they may have to wait several years for a visa to become available before they can move on to the second step of applying for their immigrant visa. immediate relatives are not subject to a waiting period and may apply for an immigrant visa following approval of the family petition.
Every consular processing is different depending on the basis of eligibility. But most will require civil documents and appointment letters be presented, together with medical examination reports, and relevant supporting documents like financial statements, relationship evidence, or job offer letters.
Although every consulate is different, once the interview is completed, the consulate will notify the beneficiary of the petition’s approval and issue the immigrant visa which will allow the beneficiary to obtain a green card upon arrival in the United States.