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Consular
Processing:
As an alternative to the filing of an adjustment of status application,
once an individual has received the approval of the I-130 or I-140
he or she may elect to process the final stage of the green card
process through the U.S. consulate in his or her home country.
There are advantages and disadvantages of this process, as opposed
to the Adjustment Process, based upon the individual facts of
the case.
Consular processing occurs when the approval of the I-130 or I-140
is directed to the National Visa Center for assignment of the
consular post. The consular post is chosen by the National
Visa Center based upon the nationality and last place of residence
of the foreign national. The NVC issues the documentation
to be completed by the alien directly to the alien and routes
the file to the appropriate consulate. The consular officer at
the post conducts FBI checks and schedules an interview.
The alien is directed to a medical appointment at the consular
post and given an appointment.
At the appointment the alien presents relevant documents and is
interviewed. Once the consular officer is satisfied and
that there are no exclusions a boarding letter is issued to the
alien. The alien then travels to the U.S. and processes
fingerprinting and photos at the border. The card is then sent
to the alien after entry. |
Consular
processing is often faster than the adjustment process and
for this reason many intending immigrants choose this
route for processing the final stage. However this process
does not afford portability as does the adjustment process and
has to be carefully considered. There is travel required
and an interview required as well. Additionally, during
the time that the individual is waiting for the interview to be
scheduled there is no availability of obtaining a work permit
for him or her or for any spouse or family members. Additionally,
for those individuals that qualify for 245i processing in the
United States and who are out of status, no consular processing
is available.
Our professionals are trained to review all of the facts and circumstances
concerning your application and will determine a plan for your
processing that supports your individual needs.
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