Consular Processing

Lyndhurst Immigration Attorney with Consular Processing Experience

Guiding clients through consular processing

U.S. Department of Homeland Security LogoThe federal government established the Immigration and Nationality act to provide those who wish to become lawfully permanent residents the path towards citizenship. According to the act, there are two ways to become a lawful permanent resident: adjustment of status and consular processing. Adjustment of status is for people already in the United States. Consular processing is for those who reside outside of the country and would like to legally immigrate. If you are a person who is the beneficiary of an approved immigrant petition and an immigrant visa number, you can engage in consular processing. If you are interested in knowing more or need an effective and knowledgeable attorney to guide you through the process, contact Law Offices of Salvatore A. Falletta, LLC for a consultation.

Consular processing explained

Determining your basis to immigrate: The first factor to consider is the basis for your immigration. The United States allows for many different categories that make one eligible for a green card, including:

  • Family
  • Employment
  • Refugee or asylum
  • Humanitarian programs
  • Special class (Amerasian, Widow(er), special immigrant)

Filing a petition: Once you establish the category that fits your situation, it is time to file an immigrant petition. In most cases, you will need to have an immigrant petition filed for you. Some of the immigrant petitions that may apply include:

  • Form I-130: Family-based
  • Form I-140: Employment-based (alien worker)
  • Form I-526: Employment-based (alien entrepreneur)
  • Form I-360: Special classes of immigrants

Waiting for a decision: The U.S. Citizenship and Immigration Services will decide on petitions. If your petition is denied, they will detail the reason and any rights for appeal. If the petition is approved and you decide to apply for your immigrant visa abroad, the USCIS will send the approval to the Department of State’s National Visa Center where it will stay until an immigrant visa number is available.

Waiting for notification: At this point, it is time to wait for the National Visa Center to notify the petitioner and beneficiary when they receive the petition, when the immigration visa number is soon to be available, when fees are due, and when documents are to be submitted.

Go to the appointment: As long as everything goes well and the visa is available or the beneficiary’s priority date become current, the consular office will set an appointment to interview the applicant. Afte the interview, the consular officer will conclude processing and decide if the applicant is eligible for an immigrant visa.

Notify authorities of any changes: If you need to notify the National Visa Center of any changes that would impact your visa, you should do that as quickly as possible.

After the visa is granted: As long as everything goes well, the consular office will give you a visa packet. Do not open the package. When you arrive in the United States, you will give this packet to Customs and Border Protection. As long as the Custom and Border Protection officer decides you are admissible, you will be allowed entry as a permanent resident of the United States.

Acquiring a green card: The USCIS will mail you a green card and you can work towards citizenship, becoming a citizen of the United States.

Contact a Bergen County immigration law firm with consular processing experience

If you wish to become a permanent resident through consular processing, you should contact Law Offices of Salvatore A. Falletta, LLC. Retaining the services of an attorney in the United States can save you a lot of grief and stress while you work towards permanent residency. Our firm is ready to guide you through the document-heavy and time sensitive procedure, ensuring that you satisfy every requirement. If you need quality legal services, contact Law Offices of Salvatore A. Falletta, LLC.