THE HOLT LAW GROUP

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.