Consular Processing Immigrant Visa

Consular Processing is the process by which you may apply for an immigrant visa at a U.S. consulate overseas when you are outside the U.S.

The Consular Processing for an immigrant visa begins when your underlying immigrant visa petition is approved and an immigrant visa number is available to you.

Consular Processing of immigrant visa is suitable for:

1. Spouse, parent, son, daughter, brother or sister of a U.S. citizen with an approved family-based immigrant visa petition
2. Spouse, unmarried son or daughter of any age of a lawful permanent resident with an approved family-based immigrant visa petition
3. Foreign nationals with an approved immigrant visa petition filed on their behalf by a U.S. employer
4. Winners of the Diversity Visa Lottery

You must apply for Consular Processing of your immigrant visa in your foreign country of residence or country of birth.

No, you may not apply for both Consular Processing and Adjustment of Status at the same time

The documents and other information required for Consular processing of immigrant visa are:

1. Original Form I-797, Notice of Approval, for immigrant visa petition
2. Copy of immigrant petition
3. Receipt notice for Form I-824, Application for Action on an Approved Application or Petition, or the approved notice for Form I-824 (if the immigrant petition originally stated that the beneficiary would adjust status in the U.S.)
4. Evidence that your last residence was in the host country of the consular post
5. Medical exam
6. Employment information for the past 10 years
7. Address since the age of 16
8. Police certificates from every country where you have resided for one year since the age of 16

Form I-824, Application for Action on an Approved Application or Petition, is used to request:

1. A duplicate approval notice
2. Approval notice be sent to another U.S. Consulate and
3. Notice to a U.S. Consulate for derivative visas to family members

No, you may not apply for Work Permit under this circumstance.

No, you may not apply for Advance Parole under this circumstance.

The differences between Consular Processing and Adjustment of Status are:

1. Consular Processing of immigrant visa is generally quicker than Adjustment of Status
2. Consular Processing of immigrant visa must be processed in your foreign country of residence or country of birth. You must be physically present in the U.S. to apply for Adjustment of Status
3. You may not apply for work permit or advance parole if you have applied for Consular Processing of immigrant visa. Adjustment of Status has the privilege of Work Permit and Advance Parole
4. If you apply for Consular Processing of immigrant visa, you must do it through the consulate of the country of last residence or country of birth for an interview and medical exam. If you apply for Adjustment of Status, you need to take fingerprints and physical exam in the U.S.