- Q: What is Consular Processing?
A: This is the process by which the beneficiary of an immigration petition applies for an immigrant visa at a U.S. consulate overseas.
- Q: When does Consular Processing begin?
A: This process will commence only after the underlying immigration petition is approved and a visa number becomes available.
- Q: Who is handling my case if I retain Z&A?
A: Our attorneys handle their clients' cases individually by preparing petition letters, contacting clients, and following up on pending cases. That is why we have more attorneys than clerks. Our clerks' main objective is to help attorneys prepare our clients' case packages. Each client's package will be reviewed by one of our most experienced attorneys for a final check before it is sent out to the USCIS.
- Q: Who may need Consular Processing?
A: The following aliens may need Consular Processing:
- Persons who are outside the U.S.; or
- Persons who are in the U.S., but prefer processing at a U.S. consulate for strategic or convenience reasons.
- Q: What is the time frame for Consular Processing?
A: Generally speaking, the time frame for Consular Processing is quicker than for Adjustment of Status in some states. From the date the immigrant visa becomes available, an average of 6 to 12 months processing time is expected.
- Q: In which country does Consular Processing take place?
A: Consular Processing must be processed in the alien’s country of residence or country of birth (not the U.S.)
- Q: If an alien is in the U.S., may he apply for both Consular Processing and Adjustment of Status at the same time?
A: No. He may not apply for both Consular Processing and Adjustment of Status at the same time. He must choose between one or the other.
- Q: Does an alien who chooses to apply for Consular Processing have the benefits of a work permit and advance parole?
A: No. He does not have the benefits of a work permit and advance parole. For more information about advance parole please click here.
- Q: If an alien is outside the U.S., may he apply for either Consular Processing or Adjustment of Status?
A: To be able to apply for Adjustment of Status, an alien must be in the U.S. Therefore, the alien in question would not be eligible to apply for adjustment of status if he is outside of the U.S. He may only apply for consular processing.
Q: An alien is in the U.S. and is in a valid nonimmigrant status. After his immigration petition is approved, may he apply for either consular processing or adjustment of status?
A: Yes. He may apply for either consular processing or adjustment of status, but not both.
Q: What are the steps in Consular Processing?
A:
- The USCIS (formerly known as the INS) forwards the approved immigrant petition (the I-797 Notice of Action) to the National Visa Center (NVC) if the alien has indicated his desire to apply for consular processing in an immigration petition. Otherwise, he has to file Form I-824 to request consular processing;
- The NVC sends Packet 3 to the alien when an immigrant visa number becomes available;
- The alien and his family complete Packet 3 and return it to the NVC;
- The NVC processes Packet 3;
- The NVC notifies the State Department Visa Office of the completed Packet 3 processing and requests allocation of visa numbers for the alien and his family; and
- The NVC schedules an immigrant visa processing appointment to be attended by the alien and his family at the nearest U.S. consulate that issues immigrant visas.
- Q: What are the benefits of applying for Consular Processing?
A: The primary advantage of Consular Processing is speed. The time frame for Consular Processing is between 6 to 12 months, on average. Once the Consular Processing application is approved, the alien is able to gain permanent resident status in the United States.
Q: What kinds of documents are needed for Consular Processing?
A:
- The Original I-797 approval notice for immigration petition (I-130, I-140, etc.);
- A Copy of the immigration petition as filed;
- The receipt notice for Form I-824 (only if indicating to apply for consular processing at first) or the approved notice for Form I-824 (only if later requesting consular processing);
- Evidence that the applicant's last residence was in the host country of the past;
- Consular Processing application forms;
- Medical exam;
- Employment information for the past 10 years;
- Birth Certificate;
- Passport;
- Military Records, if applicable;
- Marriage Certificates, if applicable;
- Documentation of termination of prior marriages (e.g. divorce decree or death certificate), if applicable;
- Address since the age of 16; and
- Police certificates from every country where an applicant has resided for one year since the age of 16.
- Q: If the beneficiary of an immigration petition is a national of China, where may he apply for consular processing?
A: He may apply for consular processing through the U.S. Consulate General in Guangzhou. The street address is: Consulate General of the U.S.A., // 1, Shamian South Street, // Guangzhou 510133, // People's Republic of China.
- Q: If the beneficiary of an immigration petition is from Hong Kong, where may he apply for consular processing?
A: He may apply for consular processing through the U.S. Consulate General in Hong Kong. The address is: U.S. Consulate General // 26 Garden Road // Hong Kong, People's Republic of China.
- Q: If the beneficiary of an immigration petition is from Taiwan, where may he apply for consular processing?
A: He may apply for consular processing through the American Institute in Taiwan. The address is: American Institute in Taiwan // #7, Lane 134, Hsin Yi Road // Section 3, Taipei, Taiwan.
- Q: What are the differences between Consular Processing and Adjustment of Status?
A:
- The time frame for Consular Processing is quicker than Adjustment of Status;
- Consular Processing must be processed in the foreign country of residence or country of birth; If an alien applies for adjustment of status, he must reside in the United States;
- An alien who applies for Consular Processing has no benefits of a work permit and advance parole. Generally speaking, an alien who applies for adjustment of status may also apply for the benefits of a work permit and advance parole; and
- If an alien applies for Consular Processing, he must do it through the consulate of the country of last residence or country of birth for an interview and medical exam; an alien who applies for adjustment of status needs to take fingerprints and a physical exam in the U.S. For more information about adjustment of status, please click here.
- Q: An alien's National Interest Waiver petition is approved, but his H-1B is going to expire. Can he apply for either consular processing or adjustment of status?
A: Yes. He may apply for either consular processing or adjustment of status. Because applying for adjustment of status has the benefit of a work permit, choosing to apply for adjustment of status is probably the better option for him if he wishes to stay in the U.S. while his application is pending.
- Q: An alien is in Texas and in a valid status. His family-based immigration petition is approved and a visa number is available. Can he apply for either consular processing or adjustment of status?
A: Yes. He may apply for either consular processing or adjustment of status. Because the time frame for an adjustment of status application based on family-based immigration petition in Texas is quite long, choosing to apply for consular processing is probably recommended for strategic reasons.
- Q: How much is the attorney's fee for Consular Processing?
A: The attorney's fee for Consular Processing is $1,800 for one person, $2,500 for two persons, and $3,000 for three persons.
For other information about Consular Processing, please click on one of the following topics below:
Description
For Whom
Examples
Procedures
Benefits
Documents Needed
Consular Processing vs. Adjustment of Status
Age Out in Consular Processing
Services that We Provide
Attorney Fees
Frequently Asked Questions about Consular Processing |
