Green Card consular processing is the procedure you need to follow to secure lawful permanent residence when you are outside of the United States. You may be overseas when you get your visa number or the United States government approves your immigrant petition.
If that is the case, you may need to go to the appropriate consular officeโtypically, the one in your country of originโto finish processing your application.
The team at Getachew & Ansari Immigration Attorneys, P.C. understands the concerns you may have about applying for a Green Card at a consular office. We can help you determine if you are eligible for lawful permanent residence and, if so, how to request this status. We can also assist you by helping you prepare and file the necessary paperwork and supporting documents to move your application forward.
Introduction to Consular Processing
Consular processing is how you apply for and secure lawful permanent residence when you are outside of the United States. As the United States Citizenship and Immigration Services explains, consular processing follows a similar procedure to an immigration application you would file while in the United States. The main difference is that you are in your country of origin rather than in the United States of America.
Who Needs Consular Processing?
People may need consular processing, as USCIC explains if they are not in the United States when they receive an immigrant visa number and the government accepts their petition.
Someone may be in this position because they have not moved to the United States yet. Or, they may be near their immediate relatives who are overseas and may also be in the application process.
Other reasons they may not be in the United States at that time are travel or logistical or safety concerns about getting to the United States. In some situations, the United States government may require the person to go back to their country of origin to complete the immigration process.
Step-by-Step Guide to Consular Processing
The Green Card process begins with determining if you are eligible to apply for lawful permanent residence. USCIS has several different categories people can use to show that they qualify. For example, someone may petition for an immigrant visa because they are seeking asylum, are a refugee, or are an immediate relative of a U.S. citizen.
The next step is for you and someone else, such as a family member or the company you work for, to file the appropriate petitions for you to become a U.S. citizen. You then need to submit documents to the United States government and participate in an interview to talk about your application, background, reasons for requesting lawful permanent residence status, and other matters. You may also have to participate in a medical examination.
Required documents for consular processing
The documents you need to submit to comply with the consular processing requirements depend on your basis for filing the petition. For example, if you are applying because you are an immediate relative of a United States citizen, you must submit copies of your passport and birth certificate along with evidence that you were granted asylum status at least one year ago.
Additionally, both you and another person, such as your parent or employer, may have to file a petition to support or initiate your Green Card request.
Medical examinations and vaccination requirements
As part of the application process, you need to get a medical exam from a physician that the United States government has permitted to conduct visa-specific evaluations. You should have this exam done before your interview with the officials.
The United States Department of State has a list of approved Panel Physicians in cities around the world. Check their website or the instructions you received in the mail (if applicable) to learn more about what you need to bring to the appointment and how far in advance you need to schedule it. You may have to see the physician within a certain amount of time before your official interview. If your doctor gives you an envelope with your exam results, do not open the envelope. You must give this sealed envelope to the consular officer who interviews you.
The consular interview: How to schedule it and what to expect
Members of the United States government will want to interview you before they make a final decision about your Green Card application. The United States Department of State publishes a bulletin each month that gives the cut-off dates by which you need to have your interview scheduled. The United States government only issues a specific number of visas each year based on a formula provided in the law and the bulletin. Because of this, you must check the bulletin and schedule your appointment in a timely fashion.
During the interview, government officials will ask you many questions about your background and reasons for wanting a Green Card.
They also review your medical exam results, official records like your birth certificate and passport, and any other supporting documents you gave them as part of the application. Your attorney cannot go with you to this appointment; however, they can talk to you about what to expect and how to prepare for this important meeting.
Common Reasons for Delays or Denials
Many things can delay the Green Card consular process or result in a denial. Reasons for delays may include missing supporting documents, incorrect or unverifiable information on the application, and failure to schedule a medical exam before the interview.
Additionally, changes in immigration policy or the number of Green Cards the United States can issue may prevent someone from getting a Green Card that year.
Contact an Experienced Green Card Lawyer
Getachew & Ansari Immigration Attorneys, P.C. can help guide and support you through this process. We conduct ourselves with compassion and excellence in everything we do for our clients. Reach out to us today by 408-292-7995 to schedule an initial consultation.