What to Know About Consular Processing in New York

Many people who apply for a green card will undergo consular processing. Read on to learn more about consular processing, what it entails, and what you can expect.

Consular processing is an immigration route some individuals take. This entails a person who wants to immigrate to the United States going to their respective consulate in their country and completing the application for a green card. It is important to know that consular processing is an invasive and complex legal process. If you are going through this process, it is important to have a knowledgeable attorney on your side. Consular processing involves numerous steps. These steps are as follows:

Determine your eligibility: The first step in consular processing is to determine whether you are qualified. Most immigrants become eligible for permanent residence through a petition filed on their behalf by a family member or employer who is already a legal citizen of the United States. Others become permanent residents by first obtaining refugee or asylum status or through a number of other special provisions.

File the petition: You will need to have an immigrant petition filed on your behalf. There are three general ways to qualify:

• Family-based
• Employment-based
• Special Classes of Immigrants

Interview: Part of the process is an interview to determine your eligibility for a green card. Your medical, criminal and financial records may also be reviewed to help determine if you are admissible into the United States. If you are applying for a green card based on the fact that you are marrying a United States citizen, the interview may include personal questions that may be designed to reveal the authenticity of the relationship and impending marriage.

Wait for a Decision: USCIS notifies the petitioner when a decision is made. If the petition is denied, the notice will include the reasons and any right to appeal. If the petition is approved and you are living outside of the United States or living in the United States but chose to apply for your immigrant visa abroad, USCIS will then send the approved petition to the Department of State’s National Visa Center until an immigrant visa number is available.

The process can be long and difficult, so it is important to work with an experienced attorney who can walk you through it and ensure that you are on the right track.

Katona & Associates, PLLC is an experienced, highly dedicated New York City immigration law firm located in lower Manhattan. Our firm works with clients in all matters of immigration law, including employment immigration, family immigration, deportation defense, green cards, and citizenship. Contact us to discuss your case and get the help you need.