Consular Processing

Consular cases arise in both the immigrant visa (green card) context and the non-immigrant visa context. This article will be concerned primarily with the immigrant visa. Generally, this process applies to individuals outside the United States that are the beneficiary’s of approved visa Petitions. They must make an application at a U.S. Consular post abroad. It is always prudent to review any information on the website of the Consular post.

After the immigrant visa Petition is filed and approved in the United States, it is sent to the National Visa Center for further processing. Petitions may remain at the National Visa Center for as little time as a few months and as long as ten years or more depending upon the country of birth and visa category of the visa applicant. When an applicant’s case is about to become current, National Visa Center will contact the Petitioner or agent. It is important to advise the NVC of any address changes. You may also be able to upgrade Petitions due to the Naturalization of the Petitioner or divorce of the beneficiary in certain cases.

Once the case is about to become current. You can check the visa number through our web site, the National Visa Center will send the Petitioner or Agent the processing Fee Bills. Once the Fee Bills are returned, an Instruction packet and forms are sent to the Petitioner or Agent. Procedures vary depending on the kind of visa and which Consular Post will be processing the case. If you do not follow instructions or submit incomplete information the case will be delayed. If you allow one year to pass without moving forward on your case, you run the risk of cancellation by the NVC. It is important to be diligent, prepared and complete when you are beginning this process.

The following documents will generally be required to be provided to the National Visa Center. Certified copies or originals must be submitted:

1. Birth certificate of each family member;
   
   
2. Police Certificates for every country where the visa applicant lived for six months or longer since age 16;
   
   
3. Photocopy of the biographic data page of your and your individual family members passports;
   
   
4. Court and Prison records, if any;
   
   
5. Military records;
   
   
6. Marriage certificates;
   
   
7. Proof of termination of prior marriages

All foreign language documents must include a certified translation in which the translator certifies the translation is accurate and the translator is competent to translate the document.

If there is a waiver required in the case, the waiver will not be able to be presented until the interview occurs.

After all necessary documents and forms are received an appointment letter is sent to the visa applicant with further instructions. Applicants are directed to obtain medical examinations performed by a physician designated by the Consular post.

After the interview and the visa is issued, you must use the visa to enter the United States during the validity period. Visa issuance does not guarantee entry to the United States. The applicant will undergo an inspection process at the airport. The date of admission is the date the individual becomes a permanent resident. The card will be mailed to the address provided.

Consular cases are complex and time consuming. There are very often delays even when everything is done correctly. We can assist you in navigating through this complex process to bring your relatives to the United States.  

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