FAQs

Consular Processing

What is Consular Processing (CP)?
CP is a process by which an individual applies with the American Consulate or Embassy in their home country or country of last permanent residence to receive an Immigrant Visa (“green card”). This is the final step in the process to achieve lawful permanent residence in the U.S. It is an alternative to applying for Adjustment of Status (AOS) in the United States.

What are the requirements to file for CP?
The individual must be immediately eligible to receive an immigrant visa, which means they must have an approved family petition (I-130) or employment-based petition (I-140). Also, if they are from a country that has a visa quota backlog their priority date must be current . An individual cannot complete CP unless their priority date is current. If the visa quota is backlogged, the State Department will simply hold the approved petition until the priority date becomes current and then complete processing. The priority dates are printed in the State Department's Visa Bulletin every month.

What are the negatives about CP?
CP is that it is far more burdensome to complete than AOS. The CP process is completed through the U.S. Department of State (DOS), not the Citizenship and Immigration Services (CIS). The burdens faced in pursuing CP include: 1) Required to travel to one’s home country on short notice in order to complete an interview at the American consulate or embassy; 2) Need for police clearances from each country lived in for six months or more since turning 16 years of age (for a limited number of countries this is waived); 3) Completion of a medical exam in the home country and delays encountered in waiting for those results to be transmitted to the consulate; and 4) A complete loss of any right to legal counsel or to challenge a denial. Since the individual is outside the United States, there are no Constitutional protections against arbitrary and irrational conduct or decisions.

CP requires more effort on the part of the individual and family and entails a greater expense and inconvenience associated with the required interview. Please note, however, that our office has processed thousands of individuals through CP without a problem and that a number of clients continue to view CP as viable option to completing green card processing. Moreover, some individuals because of particular circumstances may not be eligible for AOS and therefore will need to pursue CP.

It is also important to note that CP does not stop the limitation on the expiration of temporary visas and that independent employment authorization cannot be obtained while processing through CP.

How do I file for CP?
When the petitioner (usually a family member or employer) files an Immigrant Visa Petition on behalf of an individual, the petitioner designates either AOS or CP upon approval of the petition. If CP is designated, the CIS will send the approved petition to the National Visa Center (NVC). The NVC will open a CP case and begin the process. However, the individual, if in the U.S. may always opt to seek AOS if they meet the requirements of AOS (see FAQ on Adjustment of Status). If AOS is designated on the Immigrant Visa Petition, a special process is needed to change to CP (discussed below).

How long does it take to complete CP?
This process varies depending on the country workload at the consulate and time of year but routinely takes 6 to 12 months. The time varies largely depending on whether visa processing will be completed at a U.S. Consular Post designated by the U.S. Department of State as "Alpha", "Alpha Appointment" or "Beta".

Initially, the CIS must first approve the Immigrant Visa Petition and then forward it to the NVC. This can take time and has nothing to do with how long actual CP will take. Once the NVC has the case, a series of events will happen. First, they open a case file for the individual, complete certain data entry, determine the correct consular post to handle the case, and then forward to the individual and their attorney, a notice they have the case with further instructions.

Which posts are designated by the U.S. Department of State as Alpha Posts & What is the procedure to CP?
Alpha Posts include: Manila, Santo Domingo, Georgetown, Port au Prince, Guangzhou, Bogotá, Ho Chi Minh City, New Delhi, Mumbai and Chennai, and to some extent, Ciudad Juarez. 

If visa processing will be completed via an Alpha Post, we will receive a fee bill for the immigrant visa application and affidavit of support. After submitting the fees the NVC will send the instruction package (formerly Packet 3) and affidavit of support form to the applicant with instructions to return them to the NVC when completed. The NVC will then perform a clerical review of documents to make sure the case is complete and then forward the case to the post. The post makes the immigrant visa appointment.

Which posts are designated by the U.S. Department of State as Alpha Appointment Posts & what is the procedure to CP?
Alpha Appointment (“Alpha Plus”) Posts include: Montreal, Tirana, and all posts on the continent of Africa. If visa processing will be completed at an Alpha Appointment Post, we send the Instruction Package along with all ORIGINAL supporting documents to an NVC pre-screening center in St. Louis, Missouri, which then sends the case to the NVC in Portsmouth, New Hampshire.

The NVC does the same processing for these posts as the Alpha posts plus the appointment scheduling. Additionally, the NVC compiles original civil documents (or certified copies) and police certificates.

Are there any other posts that have been designated by the Department of State as Alpha Posts?
Yes, the following consular posts were designated as alpha posts as of May 1, 2002: Abu Dhabi, United Arab Emirates; Ankara, Turkey; Amman, Jordan; Asmara, Eritrea; Auckland, New Zealand; Caracas, Venezuela; Colombo, Sri Lanka ; Damascus, Syria; Dhaka, Bangladesh; Doha, Qatar; Hong Kong; Islamabad, Pakistan; Jakarta, Indonesia; Jerusalem; Kathmandu, Nepal; Kuala Lumpur, Malaysia; Kuwait, Kuwait; Manama, Bahrain; Montevideo, Uruguay; Muscat, Oman; Naha, Japan; Nicosia, Cyprus; Perth, Australia; Port Moresby, Papua New Guinea; Rangoon, Burma; Riyadh, Saudi Arabia; Sanaa, Yemen; Seoul, Korea; Singapore, Singapore; Suva, Fiji; Sydney, Australia; Taipei, Taiwan ; Tel Aviv, Israel; Tokyo, Japan; Valletta, Malta; and Vientiane, Laos. However, it has not yet been determined whether these posts are alpha posts (standard) or alpha appointment (alpha plus) posts.

Which posts are designated by the U.S. Department of State as Beta Posts?
Beta Posts include all others not mentioned above. If visa processing will be completed at a Beta Post, we will receive the instruction package for immigrant visa applicants (formerly Packet 3) with instructions to notify the post when they are ready to apply for the visa. The U.S. Embassy or Consulate will review the case and then schedule an immigrant visa interview for you and your immediate family members who are also applying.

What is the “Instruction Package for Immigrant Visa Applicant (formerly Packet 3)”?
The Instruction Package also contains a Biographic Data form (Form DS-230, Part I) and a form titled Instructions for Immigrant Visa Applicants that lists all the documents you will need to submit either to the NVC prior to your visa interview OR to the appropriate U.S. Consulate or Embassy at the time of your visa interview. We will complete the Instruction Package on your behalf and have you sign the documents.

Will the U.S. Consulate or NVC conduct any security check?
Yes. After we send the biographical information and certain other information directly to the Consular Post or NVC, depending on the post designation, the consular post or NVC begins the necessary steps to obtain a clearance from the FBI, CIA, Interpol, etc. The purpose is to ensure that there is no criminal, immoral, subversive, or narcotic record, or that no prior fraud in obtaining a visa or immigration benefit has occurred. These checks are beyond the Consulate's and/or the NVC’s control since other agencies handle them. As such, it is difficult to predict how long the security clearance will take. Once they are done, the Consulate and/or the NVC may then take action.

How will I know when my appointment is?
The consulate will order a visa number from the Visa Office (VO) in Washington, DC for the following month and send an appointment notice to the applicant/attorney. The appointment notice will be sent with the “Appointment Package for Immigrant Visa Applicants" (“Appointment Package”) (formerly “Packet 4”). The Appointment Package contains Form DS-230, Part II, which is a sworn statement covering various visa eligibility factors, and additional information about medical exams and the logistics of the visa interview at that particular post. When we receive notice of the interview date, we will prepare the Appointment Package materials for you and provide them to you to take to the interview abroad. You may not be given much notice of the date and consulates usually do not take requests for dates.

The individual will then travel to the consular post, have a medical examination, interview and if successful, be issued an immigrant visa valid for one entry and six months.

Can I be denied, and if so, why?
Yes, denial can occur if the underlying petition becomes void. For example if the family member who petitioned for you dies or the job upon which your case is based is lost or you quit or are fired, the case will and must be denied. If you have a criminal, etc. background or if you have every committed fraud in any immigration matter, you will be denied. In some cases, the lack of financial resources or serious medical problems can cause denial but these are rare.

Can my family go through CP with me?
Yes, your dependents, which under immigration law include the spouse and unmarried children under 21 years of age, may immigrate through CP assuming they do not have any of the problems mentioned above. It is critical that any child approaching 21 be identified so special efforts to complete the CP can be undertaken. If the child turns 21 before the CP is finished, that child in many cases may not immigrate with the rest of the family. Some children may still immigrate as dependents over 21 years of age if they qualify under the Child Status Protection Act (CSPA).The CSPA, signed into law on August 6, 2002, permits applicants for certain benefits to retain classification as a "child" even if he/she has reached the age of 21 and is unmarried. The process to determine whether an individual will benefit from CSPA is made on a case by case basis. Therefore it is very important that you notify your Attorney if you have any children close to the age 21.

What if I do have a problem in my background? Is my case hopeless?
Not necessarily. There are some waivers in the law but they are limited and cannot be discussed generally here. Make sure to fully disclose everything to your attorney so proper legal advice can be obtained and appropriate strategies considered. Sometimes the problem can be overcome by not seeking CP but instead, processing the final stages through AOS where you have more rights and protection.

When my CP is approved, what happens?
Well, first, congratulations. Following your receipt of the Immigrant Visa package, your family members must enter the United States within 6 months. Upon your return to the U.S., you will be a lawful permanent resident of the United States. The CBP at the border (land border or airport) will place a temporary stamp in your passport which establishes your new status and which is valid for travel and employment upon your arrival at the U.S. land border or airport where you present your Immigrant Visa. The USCIS will then order the actual alien registration card (“green card”), which is a convenient, laminated card. You can and, by law, must carry the card with you at all times. There is a further delay in getting the physical card, but your status is already secure.

Can I do both CP and AOS at the same time?
Generally not, although there is no legal prohibition against it in the law or regulations. Current CIS/DOS policy does not allow this and you will be asked to withdraw one.

What if my I-140 Immigrant Visa Petition was set up for AOS and now I want to go CP?
This is a real problem. The correct way to remedy this problem is to file Form I-824 with CIS and request them to send the approved petition to the NVC so CP processing may begin. The USCIS is behind in processing I-824 applications and this results in further delays.

Can my spouse get employment authorization while we process through CP?
No. Employment authorization is only available as an adjunct to an AOS application.

Can I continue to travel while processing CP?
Yes. CP has no impact on one's current visa status, and thus one can continue to do whatever is permitted under their present visa status, assuming they are in the U.S. Please consult with an attorney prior to any international travel to review any issues that may arise with such travel, such as having to obtain a visa stamp to re-enter the U.S.

My H-1B or L-1 visa limit is approaching. If I am processing through CP can I continue to be in the U.S. in my temporary visa status after my eligibility runs out?
No. Processing through CP has no impact on the time limits on visas such as H-1B and L-1. If the person reaches the maximum time allowed under their visa they must leave the U.S. even if processing is ongoing for an immigrant visa. Only filing for AOS allows a person to remain in the U.S. after their time limit is reached on their temporary visa. However, in certain circumstances a person may be eligible for H extensions past the six-year maximum. Please discuss this with an attorney.

Which should I choose?
This is always the hardest question. We view it as a personal choice, however there are cases where an individual may be legally prohibited from or will suffer adverse consequences by choosing CP or AOS and as such, will technically not have a choice of which process to choose. The end results are the same. Individuals weigh their options depending on their respective situation and thus there is no "right" answer. There are obvious problems and benefits both ways so it is the individual's personal choice and inappropriate for an attorney to be pushing a client towards one or the other. If CP is unsuccessful, the individual will be in their home country without recourse. A denial affects the individual, usually for the rest of their life.

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