Consular Processing

Consular processing is the method you will use to get a green card if you are applying from your home country, not the U.S. The consular process means that your green card application will be handled by your local U.S. embassy or consulate. This is different from an adjustment of status, which is when an immigrant applies for a green card while they are living in the U.S.

If you are going through the consular process, you will have to remain in your home country until your green card is approved. The good news is that the requirements for consular processing and adjustment of status are the same, and the application process is quite straightforward.

Here are the basic steps you need to take to apply for consular processing:

• Find a basis to immigrate: You will need to decide on a basis to immigrate that will make your application eligible. Most immigrants achieve this by having their petition filed on their behalf by either a family member or an employer who is a U.S. citizen or a green card holder.
   
• File the immigration petition: There are three main types of green card petitions you can apply for, including a family-based petition, an employment-based petition, and a humanitarian program. However, there are also special categories for immigrant petitions that may apply to you depending on your situation.
   
• Go to your appointment: The USCIS and NVC will contact you once your visa is available and a date for your appointment has been set. Your appointment will include an interview at the consular office, where the ultimate decision on your eligibility will be made.

If your petition is approved, you will receive a visa packet, which you should not open as you need to give it to the U.S. Customs and Border Protection officer at the port of entry to the U.S. If admitted by the CBP officer, you will achieve lawful permanent resident status and will be able to live and work in the United States permanently. You should also receive your green card within 90 days of arriving, which will serve as your lawful permanent resident document.

Consular Processing Timelines

There is no specific timeline that you can expect for consular processing as it is very dependent on each individual case. An average timeline to expect if you are the spouse of a U.S. citizen is between 13 and 15 months. If you are the spouse of a lawful permanent resident, the timeline is around 29 months and 40 months.

No matter your situation, you should take the additional step of hiring a Los Angeles immigration attorney to guide you through the green card process. They will have experience with the consular process and cases and can ensure you do everything correctly and do not run into any time-consuming immigration issues.

Something else to keep in mind is that there are fees associated with consular processing that you will have to pay when you submit your application. You will need to pay the standard USCIS immigration fee and the consular processing fee will be dependent on the type of green card you are applying for.