Consular processing
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Most people confuse consular processing with the adjustment of status process. That’s because the two are very similar. The only difference lies in the fact that consular processing is for immigrants residing outside of the US, while adjustment of status occurs when the immigrant resides within the United States.
If a foreign national’s application for a US visa is granted, they are issued a visa number. They can then visit the local US Department of State consulate to complete the immigration process. After they have been granted a green card, they can enter the United States as Lawful Permanent Residents (LPRs).
Explaining the process
The first thing you must do as part of the consular processing process is to have an employer in the United States or a family member who is a United States citizen file an immigration application on your behalf.
Whether you are filing a family-based or employment-based petition, the petition must be granted before the process can move forward. After your petition is approved, you must wait to receive a visa number. Once the visa number has been granted, the next step involves submitting the required documents and application fees to the National Visa Center. Also, at this point, schedule an interview with the consular office. The consular officer will make the final decision on whether or not you are eligible to be granted an immigrant visa.
If you are granted an immigrant visa, the consular officer will give you a Visa information packet that you should not open. The package is instead forwarded to the Customs and Border Protection officer at the port of entry when you arrive to enter the United States. After being inspected by the Customs and Border Protection officer, you are granted entry into the US as a legal permanent resident.
Waivers of the grounds of inadmissibility
If your visa application is denied, you may file Form I-601, Application for Waiver of Grounds of Inadmissibility. The following are some of the reasons on which the exemption request can be made:
smugglers
Health related reasons
certain criminal motives
Immigration Fraud or Misrepresentation
Immigrant membership in the Totalitarian Party
The list contains just some of the grounds of inadmissibility that can be waived using Form I-601. Contact us if you need help regarding waivers.