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What is Consular Processing? | What to Know

Consular processing is used by immigrants from other countries in order to acquire a visa to enter the United States. A visa can give these individuals access into the country and grant them permission to reside and work here. This process can be beneficial for those that want to move to the U.S. from a foreign country. Completing the process successfully allows immigrants to live in America without an expiration date. Read on to learn more about consular processing in New Jersey.

What are the Steps of Consular Processing?

Determining eligibility: The first step of the process is determining whether you are eligible. 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, you will have to file an immigrant petition. In most cases, you will need to have an immigrant petition filed on your behalf. 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.

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

If you have any questions or concerns about the process, contact our firm to speak with an experienced attorney.

Contact our experienced New Jersey firm

We understand how much is on the line when clients face matters related to immigration. If you are in need of experienced legal counsel for matters regarding immigration, please contact the Law Offices of Salvatore A. Falletta, LLC and we would be happy to provide you with assistance. Our firm is located in Lyndhurst, New Jersey. Contact us today to schedule a consultation.