Adjustment of status and consular processing are two ways to request permanent resident status in the United States. Each option has its postives and negatives, and you should make sure you're aware of the differences before making your decision.

For more information, take a look at: A Comparison of Consular Processing vs. Adjustment of Status and How Adjustment of Status Works.

Applying for Consular Processing

An employment-based consular processing application begins when the prospective (or current) U.S. employer files an I-140 petition with USCIS requesting that when the petition is approved, it be forwarded to the National Visa Center. Upon approval of the I-140, USCIS sends an approval notice to the petitioning employer or to the attorney of record. USCIS then sends the petition itself, and notification of its approval, along to the National Visa Center.

If consulate processing is not selected on the I-140 petition, and the applicant later decides to consular process, he or she must file an I-824 application requesting that the previously approved I-140 petition be forwarded to the National Visa Center to begin processing. I-824 processing procedures vary depending on the consulate at which the applicant will apply for the immigrant visa.

Processing Through the National Visa Center

The U.S. Department of State runs the National Visa Center (NVC), which is located in New Hampshire. Upon receipt of the I-140 petition, NVC sends a fee bill to the applicant or the applicant’s attorney. The fee bill is usually sent out approximately 6-8 weeks after approval of the I-140 petition. The immigrant visa fee must be paid by cashier’s check or a money order drawn on U.S. funds. It must be payable to the "Department of State”. The applicant is instructed to send the fees to the NVC’s lock box in Missouri.

Once the fees have been paid, the National Visa Center sends the applicant an instruction packet, or Packet 3, which assigns the applicant’s consulate case number and contains all of the forms the applicant must fill out, along with a list of all of the required documents for the application. The applicant or the attorney then submits all of the forms and supporting documentation to the NVC. NVC reviews the materials and if all documents and forms are present, NVC forwards the case along to the appropriate consulate for further processing.

Some consulates require the applicant to submit all original documents (e.g. police clearance certificates, birth and marriage certificates, etc.) to the National Visa Center along with the forms. Other consulates require only that the applicant submit copies of all supporting documents. Those consulates require the applicant to bring the original documents along to the interview.

Working With the Consulate

Once the consulate receives the application from the National Visa Center, it performs an additional review of the application and then schedules an interview appointment. The appointment notice is generally mailed out approximately 6-8 weeks after the case has been transferred to the consulate abroad. The interview itself usually falls approximately 4 weeks after the date on which the applicant receives the appointment notice. The applicant must either attend the interview on the date and time specified by the consulate, or submit a request to reschedule the interview. If the interview must be rescheduled, consulates are very unpredictable about rescheduling; the new date could be in a month or it could be several months later.

Required Medical Exam

The appointment notice comes with a packet of information about the medical examination that is required of all immigrant visa applicants, including dependent family members. The medical exam must be performed by panel physicians approved by the Department of State and located in the country where the interviewing consulate is located. At the time of the medical exam, the applicant must bring photographs of him or herself as well as the appointment notice and written proof of his or her vaccination history. If a vaccination record is unavailable, the applicant may ask his or her physician to perform an antibody titers test to use as evidence of immunities.

Attending the Consulate Interview

On the day of the interview, the applicant and his dependent family members must bring their passports, photographs, evidence of the principal alien’s employment, tax documentation, and any required original documents. The interviewing officer will ask questions about the principal alien’s employment, job duties, and prior immigration history. Each applicant must sign the oath on form DS-230 Part II in front of the consular officer to verify the authenticity of documents and the accuracy of statements made in the application.

About the Author: James Root

Root Law Group is a full service, exclusive immigration law firm which handles cases in all areas of immigration and nationality law. James Root, principal attorney for Root Law Group, has dedicated his entire legal career to fighting for and protecting the rights of U.S. immigrants and their U.S. employers. He is proactive in advocating reforms to the U.S. immigration laws and policies, especially those affecting professional workers and their immediate family members.

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