Consular Processing Lawyers

Guidance Through Every Stage of Consular Processing

Whether you are an individual who needs help with consular processing for yourself, a family member, or an employer, having a skilled lawyer on your side is essential. Hiring a lawyer is the most effective way to ensure that you are informed as to the current laws and how they may affect the case. Having a legal professional assist you gives you the best chance of getting your case approved.

Zaki Ali, Trial Lawyers is a law firm that is dedicated to helping clients navigate complex immigration issues. 

Contact our Anderson, IN law offices today to schedule a consultation so we can put our experience to work for you. 

What is Consular Processing?

Under U.S. immigration law, consular processing is a legal procedure used by an individual outside the United States to apply for a green card, also called a permanent resident card. The process takes place through a U.S. Embassy or a consulate in the applicant’s home country. 

Although many individuals use the term “consular processing” to refer to any visa interview conducted in a foreign country, under immigration law, it specifically refers to a pathway to permanent residency. 

What are the Phases of Consular Processing?

The consular process is best understood by breaking it down into several phases that involve government agencies in this country and abroad. It is vital to have legal guidance to understand the requirements for each phase.

Phase 1: The USCIS Petition

The first phase focuses on determining whether a person qualifies for a green card based on family ties, employment, diversity, investment opportunities, or special immigrant classifications. During this stage, a U.S. citizen or lawful permanent resident, a family member, or an employer submits Form I-130 or Form I-140 to USCIS, along with documentation showing legal status and financial support. Once the petition is approved, the case is transferred to the National Visa Center (NVC) for further processing.

Phase 2: National Visa Center (NVC) Pre-Processing

Once the NVC receives the immigration petition, it assigns the case a number. The USCIS then sends a “welcome letter” with login credentials for the Consular Electronic Application Center (CEAC), allowing the applicant and sponsor to access the USCIS website. 

The applicant must complete the online Immigrant Visa Electronic Application, and the sponsor must submit Form I-864, Affidavit of Support, along with supporting financial documents. The applicant must also upload their own supporting documents, such as birth certificates from their countries of residence. 

Phase 3: Consular Interview and Medical Exam

Once the NVC reviews the uploaded files and verifies that the information is correct, they mark the case as “documentarily qualified”. Based on priority dates, once an immigrant visa becomes available, the NVC schedules an interview at the U.S. Embassy or consulate. The applicant must undergo an embassy-approved medical exam before their interview date to ensure eligibility. The applicant then attends the interview in person and must bring all required original civil documents. Based on the statements and supporting evidence provided during the interview, the immigration officer makes a final decision on whether to approve the visa.

What Happens if a Visa is Approved?

If USCIS approves the visa application, the officer will place a stamp in the applicant’s valid passport. The applicant must then pay a separate USCIS immigrant fee online to receive their physical green card by mail. The applicant is then free to come to the U.S. through a port of entry, where a Customs and Border Protection (CBP) officer admits them as a lawful permanent resident. Most individuals receive their physical green card in the mail within 90 days of arriving in the U.S.

What Issues Can Slow Down Getting a Green Card Through Consular Processing?

Several issues currently exist that could slow consular processing, such as the 75-Country issuance pause for certain countries. While you could still be considered documentarily qualified to attend your interview, the immigration process may be paused until the government completes new security standards. Changes have also been made to the vetting process, with a consular officer applying greater scrutiny to the Affidavit of Support. 

Another factor contributing to a significant slowdown in consular processing is the increased social media screening of applicants and their online presence. Many applicants have already been advised to set their social media profiles to public to reduce wait times and help immigration officers quickly verify the information. 

In cases where the consular officer requests more information after the interview, applicants often are forced to wait another two to six months for the process to be completed. 

Anyone petitioning for someone else or applying on their own should ensure their paperwork is complete and all required documents are submitted to avoid unnecessary delays. 

What Are the Benefits of Hiring a Consular Processing Lawyer?

With the new immigration standards in place, having a skilled immigration lawyer on your side is critical to your success. When you hire a lawyer, they will act as your legal advocate to help alleviate the stress and worry of wondering what may happen next. 

Provisional Unlawful Presence Waiver (I-601A)

Depending on the circumstances of the case, a consular processing lawyer can identify issues that may arise before an applicant leaves the U.S. For example, if the applicant has been arrested or overstayed their visa, they could be barred for 3 or 10 years. If this is the case, the lawyer may be able to file for a Provisional Unlawful Presence Waiver (I-601A) while the applicant is still in the country, which can increase the likelihood of their returning. 

Navigating the 75-Country Visa Pause

Your attorney can also determine if you are from a country that has paused visa processing and recommend that you try to obtain an adjustment of status if you qualify. 

Legal Advocacy

If the case is stalled in the administrative processing phase, your lawyer can file formal legal inquiries or a mandamus lawsuit that forces the government to decide if it has been unreasonably delayed. 

As with any other legal matter, your lawyer will also help you collect all necessary supporting documentation and review sponsorship to ensure it meets all legal criteria. A final step is to provide clients with mock practice sessions to prepare for the interviewer’s questions. 

Contact Zaki Ali, Trial Lawyers Today, So We Can Begin Working on Your Case

If you are navigating the legal complexities of consular processing and immigration services, your first step should be to hire a qualified lawyer. Zaki Ali, Trial Lawyers is a law firm passionately committed to helping clients navigate their immigration journey.

Our law firm has extensive experience helping clients achieve successful case outcomes and obtain their green cards through consular processing. Contact us today at 833-ZAKI-ALI (1-833-925-4254) to schedule a consultation.