Dark-green Card Through Consular Processing

Consular processing is the procedure of applying for an immigrant visa (greenish carte du jour) through a U.S. embassy or consulate in a foreign country. It is also one of two paths for obtaining an immigrant visa to the United states through family-based clearing. The second path is adjustment of condition. If the applicant is outside the U.Southward., the only path for immigrating to the U.S. is to use consular processing.

The following describes in general terms the process for obtaining a family-based dark-green card through adjustment of condition. In this process, the petitioner is a U.Southward. citizen or lawful permanent resident, and the beneficiary is the foreign national seeking a dark-green card. If you're gear up to get started, skip to how CitizenPath tin assist.

Plant Eligibility to Employ for a Dark-green Card

A U.Southward. citizen or lawful permanent resident may petition certain family unit members to live in the U.S. and receive green card. The unabridged process begins when the U.Due south. citizen or permanent resident files Form I-130, Petition for Alien Relative, on behalf of the beneficiary (intending immigrant). To obtain a dark-green card based on a family human relationship, the casher must be in either the firsthand relative or family preference categories. The purpose of Form I-130 is to establish an qualifying human relationship so that the relative may apply for a dark-green card.

Immediate Relative Categories

Family Preference Categories

A like process is available to U.S. citizens that want to bring a fiancé (as well every bit whatsoever children of the fiancé) to the U.S. for marriage. This procedure begins with the U.S. denizen filing Form I-129F, Petition for Alien Fiancé(eastward). This path is not available to the fiancés of lawful permanent residents. Learn more in the K-1 Visa Overview.

Get Approval on the I-130 Petition

U.S. Citizenship and Immigration Services (USCIS) will notify the petitioner of a decision. If USCIS denies the petition, the notice volition include the reasons for denying the petition and whatever rights to appeal the decision. If the petition is approved, USCIS will send the approved petition to the Section of State's National Visa Heart (NVC), where information technology will remain until an immigrant visa is available. USCIS will also mail an approval detect to the beneficiary. The I-130 approval observe volition arrive by mail as Form I-797, Notice of Action. It will expect similar to the blessing notice pictured below.

i-130 approval notice before consular process

Get a Visa Number from NVC

The National Visa Center, which is responsible for the drove of visa application fees and supporting documentation, will notify the petitioner and beneficiary when the visa petition is received and over again when an immigrant visa is well-nigh to become available. For immediate relative categories, there is an unlimited number of visas available. Every bit a result, the process is relatively quick. For immediate relatives, it may take approximately one month for USCIS to transition the case and receive invitation to submit additional documents from NVC. For family preference categories however, there's a numerical limit on visas available each year. Every bit a upshot, at that place is generally a wait associated with family unit-preference immigrant visas, and you lot'll demand to understand how to read the visa bulletin.

The beneficiary tin utilise for a dark-green bill of fare through consular processing once USCIS approves the I-130 petition and a visa is available. For a more than complete caption of this process, begin reading at Family unit-Based Immigration. For an understanding of what happens afterward filing Form I-130, review the Form I-130 processing time line.

Submit the Application for Immigrant Visa

The NVC will besides notify the petitioner and beneficiary when the beneficiary must submit immigrant visa processing fees, the visa application and supporting documentation. At this time, the casher and each qualified family member immigrating with the casher must complete the Application for Immigrant Visa and Alien Registration (Form DS-260).

In virtually cases, the NVC requires the U.S. petitioner to submit a Course I-864, Affirmation of Support. The affidavit of support is a legal contract between the sponsor (petitioner) of an immigrant visa applicant and the U.Due south. government. It's a promise to support the beneficiary if the person does non have the means to support him or herself.

For petitioners without significant income, there are options at this point to also use a joint sponsor.

consular interview at us embassy

Attend Appointment for Consular Processing

One time a visa is bachelor and the NVC has received the DS-260 with all supporting documents, the consular part will schedule the beneficiary for an interview. The consular officer will complete processing of the applicant'southward example and determine if the beneficiary is eligible for an immigrant visa.

If the beneficiary is granted an immigrant visa (green carte du jour), the consular officer will give him or her a packet of information. This bundle is known as a "Visa Packet."

Enter the United States

family immigrant with consular processing

Upon inflow to the United States, the beneficiary will give the Visa Packet to the Customs and Border Protection (CBP) officeholder at the port of entry. The casher volition be inspected by a CBP officer. If found admissible, the new immigrant will exist admitted as a permanent resident of the United States. This status gives him or her the authorization to alive and work in the United states permanently.

The CBP officer volition likely provide the new immigrant with an "I-551 stamp" in his or her passport. This temporary postage stamp may be used like a green card until the actual card arrives.

USCIS will mail a light-green card to the beneficiary one time he or she is inside the United States. If the greenish card is not received within 45 days of arriving in the U.South., call the USCIS National Client Service Middle at 1-800-375-5283.

Pros and Cons of Consular Processing

Consular processing takes approximately 6 to 14 months for immediate relatives. This time line includes I-130 processing through the consular interview. Due to the wait for a visa to become available, the procedure will likely take much longer for family-preference immigrants. Because consular processing generally has a shorter processing time, it's preferred past some applicants over aligning of condition. What's more, consular processing has a lower risk of refusal. Unlike USCIS officers, consular officers cannot refuse to upshot a visa based on discretion. This means that the consular officer must have specific, factual evidence for denying an application. However, cases that are denied are generally non-reviewable. In other words, information technology's a last decision.

For a more detailed analysis of the advantages and disadvantages of consular processing versus adjustment of status, read this comparison. For detailed, pace-by-step instructions through the consular processing path, visit the U.Due south. Department of State's website.

Course I-130, Petition for Alien Relative

Apply Form I-130 (Petition for Alien Relative) to start the immigration procedure for a family member. Each year, USCIS rejects or denies thousands of I-130 petitions. Therefore, it'south important to get it right.

each twelvemonth an boilerplate of

0 ,682

I-130 petitions are filed*

out of these

0 ,717

go rejected*

and another

0 ,907

get denied*

How CitizenPath Helps You Set up the I-130 Petition

CitizenPath's self-directed service makes preparing Class I-130 easy. Designed past lawyers, our platform will help you eliminate the common errors that create delays, rejections and even denials. The depression-cost service also provides alerts if you respond a question in a style that might be a trouble. It only takes a few minutes, and you'll exist able to file Grade I-130 to help your relative starting time the dark-green carte du jour process.

The online service is a powerful, do-information technology-yourself tool that puts y'all in command. And we've got your dorsum -- CitizenPath provides live customer support and guarantees that USCIS will approve your petition.

Footstep
1

Check Eligibility
No signup required.

We're going to inquire you a few questions to make sure you're eligible and preparing the correct form.

Step
two

Set up Form I-130
There'southward no obligation to purchase.

Our software will guide you through the I-130 petition using simple step-by-step instructions.

Footstep
3

Download, Print and File
Pay simply $119 + USCIS fees.

Once you're completely satisfied, y'all'll be able to print your I-130 and customized filing instructions.

package to prepare Form I-130 green card petition

Consular Processing FAQs