If a client seeking a green card is not eligible for adjustment of status, generally they will have to go through consular processing. That is a long, multi-part process, but for most clients it is the only path to a green card.

The Family Petition and National Visa Center

That process starts with the family petition, which is sent to the USCIS. It currently takes about a year for a petition to be approved. If and when the petition is approved then the case takes a step that deviates from the adjustment process discussed on the previous page. The USCIS hands the case off to the Department of State’s National Visa Center (NVC) because the case will eventually be finalized at a foreign consulate. Once the case arrives at the National Visa Center, for most cases it is time for the provisional waiver to be filed. This is a critical stage of the process – if the waiver is denied then the case likely will not move forward. Here is a brief explanation of the role the waiver plays.

The Provisional Waiver (I-601A)

If a person has lived in the U.S. illegally for more than a year and then leaves  – for example, to attend the consulate interview in their country of birth – they need to remain outside of the U.S. for ten years. The way to avoid that is to file a provisional waiver (I-601A) while still in the U.S. (See the next page for a more detailed discussion of what the waiver entails). It currently takes several years to be decided, but if it is approved, then the way is cleared to finish consular processing.

The Immigrant Visa Interview

Next, documents, forms and a lengthy application must be filed with the NVC. When everything has been submitted to the satisfaction of the NVC the applicant’s case will be put in the “queue” for an immigrant visa interview in their country of origin. Currently the waiting time from that moment until the interview is over a year. Once an interview has been scheduled the client will be notified. The client must leave the U.S. to attend a medical exam, fingerprinting appointment, and finally the consular interview. The interview is essentially the last day of the process – and it is the most important day. It is where things can go smoothly or things can go horribly wrong. It is our job to make sure that things go smoothly so that the case gets approved. 

The analogy we made that adjustment of status can be a minefield applies to consular processing as well. It is our job to make sure that the applicant is eligible to immigrate and that we have put together sufficient proof of that eligibility. The consulate sometimes makes mistakes in assessing whether an applicant is eligible to return to the U.S.

Obviously, an adverse finding is a devastating consequence to a client. It is often difficult to have a bad decision from the consulate reversed, so we have to be sure we have a winning case before we send the client down to the interview. All the necessary documentation needs to be in order and the client needs to be prepared so that he does not say anything the sinks his case during the interview. We will prepare the client for the interview to give him or her the very best chance of success. 

Getting a Green Card – Consular Processing

If a client seeking a green card is not eligible for adjustment of status, generally they will have to go through consular processing. That is a long, multi-part process, but for most clients it is the only path to a green card.

The Family Petition and National Visa Center

That process starts with the family petition, which is sent to the USCIS. It currently takes about a year for a petition to be approved. If and when the petition is approved then the case takes a step that deviates from the adjustment process discussed on the previous page. The USCIS hands the case off to the Department of State’s National Visa Center (NVC) because the case will eventually be finalized at a foreign consulate. Once the case arrives at the National Visa Center, for most cases it is time for the provisional waiver to be filed. This is a critical stage of the process – if the waiver is denied then the case likely will not move forward. Here is a brief explanation of the role the waiver plays.

The Provisional Waiver (I-601A)

If a person has lived in the U.S. illegally for more than a year and then leaves  – for example, to attend the consulate interview in their country of birth – they need to remain outside of the U.S. for ten years. The way to avoid that is to file a provisional waiver (I-601A) while still in the U.S. (See the next page for a more detailed discussion of what the waiver entails). It currently takes several years to be decided, but if it is approved, then the way is cleared to finish consular processing.

The Immigrant Visa Interview

Next, documents, forms and a lengthy application must be filed with the NVC. When everything has been submitted to the satisfaction of the NVC the applicant’s case will be put in the “queue” for an immigrant visa interview in their country of origin. Currently the waiting time from that moment until the interview is over a year. Once an interview has been scheduled the client will be notified. The client must leave the U.S. to attend a medical exam, fingerprinting appointment, and finally the consular interview. The interview is essentially the last day of the process – and it is the most important day. It is where things can go smoothly or things can go horribly wrong. It is our job to make sure that things go smoothly so that the case gets approved. 

The analogy we made that adjustment of status can be a minefield applies to consular processing as well. It is our job to make sure that the applicant is eligible to immigrate and that we have put together sufficient proof of that eligibility. The consulate sometimes makes mistakes in assessing whether an applicant is eligible to return to the U.S.

Obviously, an adverse finding is a devastating consequence to a client. It is often difficult to have a bad decision from the consulate reversed, so we have to be sure we have a winning case before we send the client down to the interview. All the necessary documentation needs to be in order and the client needs to be prepared so that he does not say anything the sinks his case during the interview. We will prepare the client for the interview to give him or her the very best chance of success.