Consular Processing

Basics of consular processing
(with a waiver of unlawful presence)

Required Forms

Step 1:

I-130

I-130A

Step 2: 

(if immigrant needs a waiver of unlawful presence);

I-601A

Step 3:

DS-260

I-864

Required initial evidence

Step 1 – Petition (I-130 and I-130A):

  • Proof of petitioner’s United States citizenship or residence;
    • United States birth or naturalization certificate;
    • Front and back of permanent resident card;
  • Immigrant’s relationship to petitioner:
    • Child/Parent: Birth and marriage certificates;
    • Spouse: Proof of valid marriage;
    • Birth certificates of children;
    • Cohabitation and financial commingling;

 

Step 2 – Waiver (I-601A) (skip if immigrant not in the United States):

  • Proof of relationship to QUALIFYING RELATIVE;
    • Spouse or parent only (NOT CHILDREN);
    • Birth or marriage certificate;
    • Proof of citizenship or residence (birth cert/green card);
  • Proof of Extreme Hardship to QR:
  • Emotionally, physically, or financially;
  • In the event of either separation or relocation from QR;
    • Highly recommended therapist for psych evaluation:
    • Caren Ex: See information in this section;

 

Step 3 – Visa application (DS-260) and Affidavit of Support (I-864):

  • Pay immigrant fees and complete visa application;
  • Pay electronically at ceac.state.gov;
  • Submit supporting vital and financial documents;
    • Birth, marriage, and divorce certificates, passport, etc.;
    • Petitioner’s tax returns and proof of employment;
    • Use additional forms and evidence for joint sponsor;
  • PREPARE FOR VISA INTERVIEW (government will send an email with the date about 4-6 weeks in advance);
    • Make a full copy of everything submitted for this step and bring it to interview and medical exam (see sample consular process packet for Mexico);
  • ATTEND VISA INTERVIEW
  • Enter or re-enter the United States as a resident

Intake forms and successful case example

Please use these biographical information forms and an example of a successful application to help you properly file your case. Make sure to use the most recent version of the forms by clicking on the Required Forms links above.

 

Consular Processing

Applying abroad at a United States consulate or embassy

When you are not in the United States, and a family member or employer is petitioning for your permanent resident or non-immigrant visa, you have to pass through the United States consulate in another country. The consulates, depending on what country you are in, are notoriously difficult to communicate and cooperate with. For this reason, the consular process is one of the most difficult aspects of immigration law.

Usually, your case has traveled a long way to make it to the consulate in your country. It likely started with a petition here in the United States, then it moved to the National Visa Center, then finally, if you were lucky, it made it to the consulate. Your case must be filed correctly with all appropriate evidence and information before it gets to the consulate, because some errors could lead to a denial, and a denial at the consulate is non-reviewable.

The consular interview

An individual interview at the consulate is also almost always necessary. A consular officer will go over the petition that your family member or employer filed for you, then they will review the visa application and the evidence with you. Finally, if the consular officer is satisfied with your interview, you will turn in your passport. It will soon be returned to you with your visa permanently printed inside, and you will be allowed to come to the United States.

Consulates are not nice places for lawyers; sometimes we are not even allowed to go into the interview with our clients. Still, if you have a lawyer that will prepare adequate petitions, applications, and evidence for you, nothing can stop you when you attend your interview. It is of the highest importance to have a lawyer help you with the consular process.

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