Understanding Consular Processing
- By Fileright
- Last Updated:
Introduction
Thinking of starting your green card process from your home country, but not sure how? Don’t worry- we have it covered!
If you are currently not in the US or are planning to start your green card journey from outside the US, going for consular processing is the best way for you to get a green card.
With this guide, you can understand the meaning, eligibility, process, cost, and timeline of consular processing and boost your immigration journey, ensuring you minimise the possibility of making the most common errors and mistakes in your application process.
What is Consular Processing?
The first step of applying for a green card is filing a Form I-130 with the USCIS to establish that you are related, through a family tie, to the US Citizen or the Lawful Permanent Resident (LPR) sponsoring your green card application. After that’s done, you have two routes to apply for a green card- Adjustment of Status or Consular Processing.
Consular processing means applying for an immigrant visa from outside the US. If you are already in the US, have a valid immigration status, and are eligible to apply for a green card, you can use the adjustment of status. Consular processing is when your green card application is evaluated by the US Consulate (or embassy) in your home country.
Consular Processing vs Adjustment of Status: Which is Better
While the eligibility requirement for a green card is the same, the two routes have different forms, fees, timelines, and procedures.
| If you want to live abroad, after filing your I-130 and waiting for your green card application to process, it’s better to go for consular processing. | If you can maintain a valid immigration status in the US after filing your I-130 and want to stay in the US while your application is processed, you can apply through adjustment of status. |
What are the Different Immigrant Petitions and Green Card Categories?
If you are living outside the US, you can apply through consular processing. However, this should be done only after your underlying petition has been approved. The USCIS offers you the option to choose from different immigrant petitions. Choose any of the following that best suits you:
- Family-based immigrant petition: Your US Citizen or LPR relative must file a Form I-130, Petition for Alien Relative.
- Employment-based immigrant petition: Your US-based employer should file a Form I-140, Petition for Alien Worker.
- Special categories: Sometimes, you may have the option of choosing an immigrant visa from a special category if you are eligible for it, such as filing Form I-360, Petition for Amerasian, Widow(er), and Special Immigrant.
You are eligible for different categories of green cards depending on whether a US citizen or an LPR is sponsoring your green card application.
Immediate Relative (IR)
If you are an immediate relative (spouse, unmarried child under the age of 21, parent) of a US citizen, you may be eligible for an IR-1 or IR-2 green card.
Family Preference (F)
All other eligible relatives of a US citizen, spouses, and children of an LPR, come into this category. For instance, if you are an unmarried child of an LPR under 21, you may be eligible for an F2A category green card.
How Does Consular Processing Work?
The process starts with determining if you are eligible to apply for a green card through consular processing. Once that’s done, we can move to the next step. If you are starting your consular processing, you can follow this step-by-step guide:
Step 1: File your Immigration Petition
The first step involves filing your immigration petition. If you are applying for a green card through a family-based or employment-based category, a US-based sponsor must apply on your behalf.
Step 2: Wait for your Petition to be Approved
Your immigration petition can take anywhere from a couple of months to a few years to be processed by the USCIS. Your wait time will depend on the backlog of the USCIS centre processing your application. Remember to follow up regularly, and ensure that you promptly respond and prevent unnecessary delays in case of any notices or requests for evidence.
Step 3: Approval of Immigrant Petition
Your immigration petition is approved.
Congratulations! You can now apply for a green card.
In case of family-based green card applications, if you are married to a US citizen, you can move directly to the next step. However, if you are married to an LPR, you may have to wait for some time. There is an annual cap on the number of green cards that can be issued yearly for relatives of an LPR. Remember to check the visa bulletin for your priority date to get current.
Step 4: National Visa Centre Process
After the USCIS has approved your immigration petition, your application will be sent to the National Visa Center (NVC). From there, the NVC will request the immigrant visa application fee and all documents and hold your documents until your immigrant visa interview can be scheduled at a US Embassy or Consulate.
Step 5: Completing DS-260
To complete your green card application, you have to fill out and electronically submit Form DS-260, Immigrant Visa Electronic Application. The NVC will send you a welcome notice. You should input your case number, beneficiary ID number, and the invoice number from the welcome notice to start filing DS-260. Remember to print out the DS-260 confirmation page after submitting it, and bring a copy of the confirmation page when you come to the interview.
Step 6: Scheduling the Green Card Interview
When the NVC has collected and processed your documents, it will send your green card application to the US Embassy or Consulate in your home country. The US Embassy/Consulate typically takes a couple of months to schedule a visa interview.
I completed the process a month ago, and I still haven’t been called for an interview. Has my application been denied?
It is natural to feel worried if your application is denied. We understand! Once the backlog is cleared, you will receive an interview notice, including the green card interview date, time, and venue.
Step 7: Attending the Medical Exam
Before the interview, you must undergo an immigrant medical exam by a panel physician approved by the Department of State. This is done to see if you are inadmissible to enter the US on any medical grounds.
Step 8: Attending the Green Card Interview
On the day of your interview, carry all original or certified copies of all the documents mentioned in your interview notice, including your passport/travel documents. The interviewer will question you about the information written in your immigrant visa application and determine if you should be granted a green card.
Step 9: Receiving a Decision
Typically, the consular officer taking your green card interview will inform you if you can get a green card. If you do not get a decision at that time, you will be informed within the next couple of weeks.
Step 10: Travelling to the US
If your application is approved, you will receive an information packet called a “visa packet.” Do not open this. You will then receive a travel visa to the US. When you reach the US port of entry, give the Visa Packet to the US Customs and Border Protection (CBP) officer. This is the last stage. If the officer admits you to the US, you will become a lawful permanent resident.
Step 11: Receiving your Green Card
During your application process, you would have provided the address where you want your green card delivered. The USCIS will mail your green card to this address.
What if My Green Card Application is Rejected?
If your green card application is rejected, you don’t have many options to file an appeal or get the US Consulate or Embassy to reopen/review your application. You have the option of reapplying for a green card, as long as you meet the eligibility requirements. However, in most cases, as long as your paperwork is in order, the green card application is approved, as the Consulates/Embassies have to follow the DOS guidelines, which are very stringent.
Has your green card application been rejected? Consult our expert immigration lawyers for a detailed application review and to correct any mistakes!
What is Removal of Conditions on Residence?
Sometimes, the USCIS grants a conditional green card that is only valid for two years in marriage-based immigration visas. How would I know if I have a conditional green card? After getting your green card, check if you have a CR-1 immigrant visa. If you have a conditional green card, you have to start the process to get the conditions removed 90 days before your green card expires.
If the USCIS has put conditions on your residence, you can get them removed by filing Form I-751 and paying the required fee. After getting the conditions removed, you will be a lawful permanent resident of the US. Remember to apply for your permanent green card on time. Otherwise, your conditional green card may expire, and your immigrant status may be terminated. In extreme cases, you may also be deported or removed from the US.
What is the Cost of Consular Processing?
To complete your consular processing, you must complete many immigration forms. The cost differs depending on the type of visa you apply for, whether family or employment-based. Here’s a list of the immigration fees for different forms:
| Sr. No. | Immigration Form | Applicable For | Paper Filing Fee |
| 1. | Form I-130 | Family-based applicants | $675 |
| 2. | Form I-140 | Employment-based applicants | $715 (plus additional fee, if applicable) |
| 3. | Form I-864 | All applicants (only applicable to employment-based in some instances) | $120 |
| 4. | Form DS-260 | All applicants | $325 |
| 5. | USCIS Immigrant Fee | All applicants | $235 |
| 6. | Form I-693 | All applicants | $0 |
| 7. | Form I-751 | Conditional Resident immigrants | $750 |
While there is no cost for filing Form I-693, Report of Medical Examination and Vaccination Record, depending on the country you are applying from, you may have to pay around $100-500 for the immigrant medical examination.
Other document preparation and translation charges may also apply in consular processing. For example, if your documents are not in English, you must have them translated. Additionally, if you do not have any of your government/civil documents, there may be costs involved in getting them issued from authorized government departments in your home country.
How Long Does Consular Processing Take?
Once again, the time for consular processing depends on your visa category and the country you are applying from. Also, in family-based immigration petitions, if your sponsor is a US citizen, you can expect a much faster process than if your sponsor is an LPR. If everything goes smoothly, you can get your green card within the next couple of months after an immigrant visa is available.
Based on our experience, helping many immigrants get their green cards through consular processing, and the historical data of the DOS and the USCIS, in family-based immigration petitions, if you are married to a US citizen, your process may take anywhere between 12-18 months, and if you are married to an LPR, your process should be completed in 30-38 months.
How can I Check the Progress of my Application?
You can visit the USCIS website and enter your case or receipt number to check your application status. After submitting your green card application at the US Embassy/Consulate, you can check your status on the Consular Electronic Application Center website.
Conclusion
Starting the green card process outside the US is a big step in your immigration journey. Breaking the steps of consular processing into clear stages makes the journey much smoother. Keeping track of deadlines and following each step carefully will help you avoid common pitfalls and mistakes and properly file the required immigration forms.
How Can FileRight Help You?
FileRight is an immigration software company that assists in filing for different kinds of immigration benefits, ensuring you avoid errors and omissions in your green card application process through consular processing. Here’s how FileRight can help you:
- Expert Guidance: With a proven track record of successful application filings, our expert immigration lawyers can help you avoid delays and tackle any bureaucratic issues that may complicate your IR-2 visa process. We provide easy-to-understand filing instructions so that you can file all the required supporting documents.
- Application Package: Whether you’re filing an I-130, I-140, or I-864, FileRight provides application packages with our “do-it-yourself” software and lawyer review services, making your application process stress-free.
- Immigration Lawyer Consultation: If you don’t want to take an application package but just want to clear your doubts about the process, the forms, or the eligibility, you can book a consultation with our expert immigration attorneys.
Start your consular processing and get a US lawful permanent resident status by consulting FileRight today!
