Where possible it is generally recommended that permanent residence is sought through an I-485 application for adjustment of status within the United States because of the lack of sufficient due process protection when applying from overseas. But often it is not possible to apply for a green card from within the U.S. for various reasons. In such, cases once the Immigrant petition is approved the foreign national is required to apply for an immigrant visa at a U.S. consulate abroad, a process known as consular processing.
Upon approval of an I-130 Immigrant Petition, USCIS sends it to the National Visa Center (NVC), and informs the U.S. Citizen or Legal Permanent Resident who filed the Petition to follow up with NVC. The NVC creates a case, assigns a case number, and sends out an initial notice on case processing with instructions on logging on to the DOS’s Consular Electronic Application Center (CEAC). When an applicant’s priority date is close to becoming current, the NVC will send an Affidavit of Support (I-864 form) processing fee bill to the petitioner and the online Choice of Address and Agent, Form DS-261, to the Applicant/beneficiary. This form allows the applicant to select an agent to receive NVC correspondence. This could be the attorney of record, the petitioner, or someone at a secure address in the beneficiary’s home country. Once NVC receives the Form DS-261 from the applicant, NVC will email or mail the Immigrant Visa (IV) fee bill to the agent of choice. Applicants are instructed to use CEAC to check the status of the case, pay the necessary fees. CEAC allows the applicant to provide up to six e-mail addresses, and correspondence on the case will be sent using each address. After the fees are paid, the applicant must complete and submit required forms and documentation. CEAC creates a list of required documents for each applicant based on information provided on the DS-260. NVC reviews the required forms and documents from the applicant. If a form is not complete, or documentation is insufficient, the NVC will send a notice through CEAC explaining what is wrong and requesting correction and resubmission. Once all required documents have been received NVC forwards the file to the appropriate consular post and schedules the visa interview. NVC is tasked with steps leading up to setting the time and date for the visa appointment. Approximately four to six weeks before the scheduled immigrant visa interview, the applicant will receive from NVC an appointment letter that contains the date, time, and location of the visa interview.
Once the visa interview appointment is made, everything is transferred to the U.S. consulate abroad with jurisdiction over the case, and the interview and medical exam take place abroad. The DOS website provides information on preparing for the medical examination and lists necessary original documents that must be available at the time of the interview. The applicant may spend several hours at the consulate before a decision is made on the application, and in some cases may not receive a visa on the day of the appointment and may have to return to the consulate at a later date.
Once an immigrant visa is issued, it can be valid for up to six months. The immigrant visa holder must travel to the United States and be admitted within the visa validity period. Immigrant visa holders are required to pay a USCIS immigrant fee after they receive the visa packet from the consulate or embassy. The fee covers the cost of producing and delivering the permanent resident card once the visa holder is admitted to the United States. If the USCIS immigrant fee is not paid, the visa holder will still be admitted to the United States and will receive a passport stamp valid for one year evidencing LPR status. The Permanent Resident Card will only be received after the required fee is paid.