Roxana V. Muro is a knowledgeable immigration attorney with years of experience. Contact the Law Offices of Roxana V. Muro at 909-297-1860 with any immigration issues you may have.
What is the Consular Process
When applying for permanent residency in the United States, the process will differ depending on if the person is already present in the United States or not. If the person is not present within the United States under some other visa when they apply for permanent residency, they will need to go through the consular process in whichever country that is in.
The consular process requires a person applying for permanent residency to apply through the nearest United States consulate in whichever country they are in.
How do I qualify for the Consular Process?
An individual wishes to apply for permanent residency in the United States must first determine if they are eligible for permanent residency at that time. There are number programs under which a person outside of the United States may be eligible for permanent residency. Some programs include:
- Family-based immigrant program
- Employment-based immigrant program
- Humanitarian program
- Special categories of immigrants, such as being the widow(er) or a US citizen or permanent resident.
If you are eligible for a permanent residency under a program, you must file whatever the applicable immigration forms are for that program with the nearest US consulate in the country you are. If you are unsure of which forms to file for your program, the US consulate should be able to assist you.
Upon filing the required and applicable application, the applicant will wait for a decision on whether their application is accepted or rejected by the USCIS. Acceptance of the application does not mean the person is approved for permanent residency, but rather that they can move onto the step of the process. If accepted, the person will need to wait to receive an immigrant visa number. There may be yearly caps on the program the person applied under. So for example, a person application may be accepted by USCIS, but if the cap for that program has been reached they may need to wait until next year, or several years, before receiving an immigrant visa number. Upon receiving an immigrant visa number, the US consulate will schedule a final interview with the applicant to determine whether the applicant is eligible for an immigrant visa. If the consulate determines a person eligible for the visa, they will be awarded it and can move to the United States. The entire process takes place outside of the United States