A Complete Guide to Consular Processing:

Consular processing is the procedure for obtaining a U.S. immigrant visa or Green Card through a U.S. embassy or consulate abroad. It applies to applicants who are outside the United States or who choose not to adjust their status from within the country. At Kulen Law, we specialize in guiding clients through each step, ensuring every application meets USCIS and consular standards for approval.

The consular processing journey begins once your immigrant petition—such as Form I-130 (for family-based cases) or Form I-140 (for employment-based cases)—is approved by USCIS. Below is a general overview:

Step 1: Petition Approval by USCIS

• The U.S. petitioner (e.g., family sponsor or employer) files the required immigrant petition (I-130 or I-140).
• After USCIS approves the petition, the case is forwarded to the National Visa Center (NVC) for further processing.

Step 2: Submission of Documents to NVC

• Submit the DS-260 Immigrant Visa Application online.
• Provide supporting documents such as civil records, financial evidence (e.g., Affidavit of Support), and proof of relationship or employment.

Step 3: Interview Appointment at a U.S. Consulate

• Schedule an interview at the designated U.S. embassy or consulate.
• At the interview, the consular officer reviews the application and determines visa eligibility.

Example
A family sponsor in New York filed Form I-130 for a relative abroad. With Kulen Law’s guidance, the consular process went smoothly, allowing the relative to join their family in the U.S. without delays.

• Clear Application Path
  Applicants outside the U.S. can complete their immigration process without entering the country first.
• Quicker Approval for Some Cases
  When visas are immediately available (e.g., certain immediate relative categories), consular processing can be faster than adjustment of status.
• Global Accessibility
  U.S. embassies and consulates are located worldwide, offering applicants a convenient location to complete the process in their home country.

Consular Processing Time

The total time for consular processing can vary based on:

1. USCIS Processing Times
   
   • Approval of the initial Form I-130 or Form I-140 can range from 2 to 12 months, depending on the visa category and USCIS workload.
2. National Visa Center (NVC) Review
   
   • After USCIS forwards the case, NVC typically takes 2–8 weeks to assign a case number and request documentation.
3. Visa Interview Scheduling
   
   • Interview wait times at the embassy or consulate can vary from a few weeks to several months, depending on visa availability and local workload.

I-130 Consular Processing Timeline

• Immediate Relatives (Spouses, Parents, Unmarried Children under 21 of U.S. Citizens):
  Often processed faster, sometimes within 6–12 months total.
• Family Preference Categories:
  May face longer waits (1–10 years) due to visa availability and country-specific backlogs.

Consular Processing Fees

Fees associated with consular processing generally include:

• Petition Filing Fee (paid to USCIS):
  
  • Form I-130 (Family-Based Immigration): $675
  • Form I-140 (Employment-Based Immigration): $715 (regular filing)
  • Optional Premium Processing (for I-140): $2,805 (can expedite approval to 15 days if eligible)
• Immigrant Visa Application Fee (paid to the NVC/consulate): $325 +$120
• DS-260 Fee: This is typically included in the above Immigrant Visa Application Fee for family-based or employment-based immigrants.
• Medical Examination: Varies by physician and location.
• Translations & Document Procurement: Costs depend on the number and complexity of required documents.

Example
An I-140 beneficiary pursuing an employment-based immigrant visa:

• $715 for Form I-140 (regular filing) +$300
• $2,805 for optional premium processing (to expedite USCIS approval)
• $445 Consulate Fee
• Legal fees for professional assistance
  With Kulen Law’s help, all required forms and documentation were correctly prepared, resulting in a straightforward consular interview and visa issuance.

‍*USCIS filing fees are determined by the U.S. Citizenship and Immigration Services and may change periodically. You can find the most up-to-date fee schedule directly on their website: https://www.uscis.gov/forms/filing-fees

What is Adjustment of Status (AOS)?

Adjustment of Status is the option for individuals physically present in the U.S. to apply for permanent residence (Green Card) without leaving the country.

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Example:
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A U.S. citizen’s spouse abroad used consular processing for a Green Card, while another relative in the U.S. pursued Adjustment of Status. Kulen Law managed both cases, ensuring each family member received the appropriate guidance.

(For Nonimmigrant Visas)
While this guide focuses on immigrant consular processing, it’s worth noting that nonimmigrant visa applicants outside the U.S. typically obtain visas via consular processing. Those already in the U.S. with valid status may apply for a change of status through USCIS. However, since this guide is specific to immigrant consular processing, nonimmigrant procedures (e.g., for visitor or student status) are not detailed here.

At Kulen Law, we offer:

• Tailored Guidance: We help determine whether consular processing or adjustment of status is the best option based on individual circumstances.
• Accurate Filings: Our team ensures that petitions, forms, and supporting documents are meticulously prepared to avoid unnecessary delays or denials.
• Streamlined Communication: We maintain regular contact with USCIS, the National Visa Center, and U.S. consulates/embassies to keep your case moving smoothly.

Whether you’re applying for a family-based or employment-based immigrant visa, our experienced attorneys are here to guide you from start to finish.