There are many instances where an applicant is instructed to appear at a U.S. Embassy or Consulate to obtain a visa for his or her green card. Processes at the Consulate can be slow, frustrating, and stressful. There are many challenges and benefits associated with Consular Visa Processing and ones that you should always consider when applying.
Every time someone applies for a temporary visa, from a tourist visa to an investor’s visa, the applicant must go through a consular process at a U.S. Embassy or Consulate located in the country of origin of the applicant. In some cases such as the intra-company transferee visa (L-1 visa), a petition must be first filed and be approved by the USCIS, prior to scheduling a consular interview at the U.S. Embassy or Consulate. In other instances, such as in the case of a treaty trader or investor’s visa (E-1 or E-2 visas), the applicant may apply directly with the Embassy or Consulate without applying first with the USCIS.
The Consular Process for those seeking to secure their permanent immigrant status through a family member starts with the submission and approval before USCIS of the Petition for Alien Relative or also known as the I-130 Petition. Once approved, USCIS transfers the case to the Department of State’s National Visa Center (NVC) in order to coordinate and handle the remaining of the process which will culminate abroad at a consular post.
The main criteria necessary to apply permanent residence through a consular process are:
• A family petition for an immigrant visa (I-130 Petition) must be approved by USCIS;
• A visa must be available for the immigrant.
• The applicant must not be inadmissible to the United States.
To check how your priority date is moving we have found this useful tool: prioritydate.com
We invite you to utilize this tool.
We Can Help
If you need to learn more about the Consular Process in San Diego or you are ready to start your process, please call us today for a consultation. Our immigration attorneys and immigration paralegals are committed to provide you with the best representation available so you have a smooth and effortless consular process that will enable to secure your temporary or permanent visa.