Consular Process Attorneys Near Me in California

The consular process consists of the steps an immigrant seeking permanent residency must follow while outside the United States. This process is handled at the U.S. State Department consulate in the applicant’s country of residence, provided they have an approved immigrant petition and an available visa number.

• • To begin the established process for applying for a visa, first, it must be determined whether the person is eligible for the consular process. This means that the person is eligible through an approved immigration petition based on family or employment. 
    • Family-based petitions require a family member to file an immigration petition on behalf of their relatives with U.S. Citizenship and Immigration Services. 
  • It is important to mention that a person may also be eligible under another type of category.
    • Employers must file the petition with USCIS on behalf of the employee they wish to hire. In these types of cases, petitions can be filed abroad, but they are generally always filed in the United States. 

  There are several categories of special immigrant visas , but in this case, the petitions must be submitted with the humanitarian programs for asylum seekers, refugees, and victims of crime.

• Foreigners who are outside the United States. 
• People who are unable to adjust their status because they entered the country illegally. 
• People who wish to immigrate to the United States but cannot enter the country legally. Undocumented immigrants or people who have overstayed their legal visa. 
• immigrants who wish to become residents but travel outside the United States frequently. 
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To obtain residency in the United States through the consular process, it is important to follow the steps recommended by U.S. Citizenship and Immigration Services (USCIS). These steps are:

1. Determine if you are eligible to immigrate

It is important to determine eligibility to immigrate legally. Permanent residency can be obtained through a family member, an employer, special immigrant status, refugee or asylum status, among other possibilities.

2. Submit the immigration petition

Once you have determined your eligibility for residency, you must have someone file the immigrant petition on your behalf, either a family member or an employer. This is done using the various forms provided by USCIS, depending on the specific circumstances of each case (Form I-130, Form I-140, Form I-526, Form I-360). It is very important to consult with your consular attorney to ensure you complete the form correctly and submit it properly.

3. Wait for USCIS to decide on the request

If the decision is positive and your petition is approved, you will be assigned a visa number by the Department of State’s National Visa Center (NVC). If the petition is denied, USCIS will notify you explaining the reasons for the negative response. In some cases, you may be able to appeal the decision.

4. Respond to the notification from the National Visa Center (NVC)

This agency is responsible for collecting fees for immigrant visa applications. They will also notify you of the timelines and procedures for submitting the required documentation.

5. Attend the appointment at the consular office

Once the visa is available, the consular office will schedule your interview appointment. The consular office is responsible for completing the process and deciding whether you are eligible for the immigrant visa.

Note: If there is a change of address, change of marital status, or you have reached the age of majority (21 years) during the process, you must inform the National Visa Center. These changes may affect the beneficiary’s eligibility.

6. After your visa is granted

If your immigrant visa was granted, the consular officer will give you a packet containing your documents, which you must not open until you arrive in the United States. You must give this packet to the Customs and Border Protection (CBP) officer at the port of entry. This officer will determine whether to admit you as a permanent resident of the United States, which will give you the right to live and work in the United States permanently.

Known as the Provisional Unlawful Presence Waiver, this is an alternative that allows people eligible for an immigrant visa, who have accumulated more than 180 days of unlawful presence in the United States, to request a waiver or pardon to leave the United States and complete the consular process from their country of origin.

This alternative was created with the purpose of reducing the time that U.S. citizens remain separated from their immediate family members while they are in the consular process of permanent residence in the United States.

• It is very important that you attend the interview with all original or certified copies of your civil documents. Failure to present all required documents may result in delays or visa denial. You must bring the following documents to the interview:
• Appointment Notification: This is the letter you receive from the NVC confirming the appointment.
• Valid Passport: You must present your valid passport, valid for at least six months after the date you plan to enter the United States.
• Photographs: Two identical photographs for each applicant. The photographs must meet the general requirements for photographs .
• DS-260 Form Confirmation Page: This form is administered by the National Visa Center (NVC) and the embassy or consulate in the area where the beneficiary resides.
• Supporting documents: You must bring the original and certified copies of all documents you have previously submitted. If you have not yet sent documents requiring translation to the NVC, you must submit them on the day of the interview.
• Visa Fee: If the fees for your visa application were paid to the NVC, you do not need to pay them again. However, if the required fees have not been paid, you will need to pay all outstanding fees to the U.S. consulate or embassy.
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• Unlike adjustment of status, the consular process has a shorter processing time.
• The risk of the consular process being denied is significantly lower, compared to adjustment of status.
• During the adjustment of status process, you will not be able to travel outside the United States while the process is underway, unless you file for an exemption or waiver.
• The consular process has lower processing fees compared to the fees for the adjustment of status process.
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The time it takes for the consular process depends on your eligibility category. For example, the consular process for immediate family members (spouse, children) can take 6 to 12 months.

In the case of consular processing initiated by a resident, processing times may be longer. It all depends on the number of applications submitted and the availability of visas for the period in which the application was submitted.