Many foreign nationals wish to build a life in the United States. If this reflects your circumstances, you will have to apply for a green card. The process of becoming a lawful permanent resident is often complex and is only applicable to eligible individuals. When applying for a green card, it’s important to understand that the process will differ depending on whether you are located inside or outside the country. The U.S. offers two major pathways to apply for a green card: adjustment of status and consular processing. Please continue reading to learn who can use consular processing and why connecting with an experienced Essex County Immigration Attorney is in your best interest.
What is Consular Processing?
After you become the beneficiary of an approved immigration petition and an immigrant visa number is immediately available, there are two pathways you can take to apply for lawful permanent resident status. The first method is known as adjustment of status. An individual is eligible for adjustment of status if they are already in the United States. They can apply for a green card without having to return to their home country to complete processing by submitting Form I-485.
The second method is consular processing. An individual is eligible for consular processing if they are applying for lawful permanent resident status while located in their home country. If this is the case, a U.S. embassy or consulate abroad will handle your application. Although these pathways share almost identical requirements, they are two separate systems.
What Happens During This Process?
If you live outside of the U.S., you must determine whether you meet one of the eligibility criteria to receive a green card. Once you confirm that you qualify, you will need to file an immigration petition. It’s important to note that as the beneficiary you will not file this form. A U.S. citizen or green card holder must file this form on your behalf. If United States Citizenship and Immigration Services (USCIS) approves your petition, they will send it to the U.S. Department of State’s National Visa Center (NVC). If the petition is denied, you can appeal this decision. When a visa number becomes available, you will have to undergo a visa interview with a consular officer. During your interview, the officer will ask you questions to ensure the infromation you provided in your application is accurate and genuine.
After your interview, if your application is approved, the consular officer will give you a visa packet which must remain sealed until you arrive in the U.S. Keep in mind you will have to pay the associated fees. After you arrive in the U.S., you will deliver your visa packet to the U.S. Customs and Border Protection (CBP) officer at the port of entry. Once you are admitted, you will assume your lawful permanent resident status. You should receive your green card in the mail within 45 days of arriving in the country.
At the Law Offices of Christopher T. Howell, Esq., we are prepared to help you navigate this complex process. Connect with us today to learn how we can help you achieve your immigration goals.
