Frequently Asked Questions about Consular Processing


Q: What is consular processing?

A: This is the process by which the beneficiary of an immigration petition applies for an immigrant visa with the National Visa Center (NVC) and a U.S. embassy or consulate.

Q: When does consular processing begin?

A: Consular processing will commence only after the underlying immigration petition is approved by U.S. Citizenship and Immigration Services (USCIS), and not until a visa number becomes available. For up-to-date information on visa number availability, click here.

Q: Who may need consular processing?

A: Aliens residing outside the U.S. must undergo consular processing. For aliens living in the U.S. under some status, two options are available: apply for an adjustment of status (AOS) or, for strategic reasons including convenience, undergo consular processing in their home country or foreign country of residence.

Q: What is the time frame for consular processing?

A: Generally speaking, the time frame for consular processing is quicker than that for an AOS petition. From the date an immigrant visa becomes available, applicants complete the process between five and 13 months, on average.

Q: In which country does consular processing take place?

A: Consular processing must take place in the alien’s country of permanent residence or home country.

Q: If an alien is in the U.S., can she apply for both consular processing and adjustment of status at the same time?

A: No. An alien with the option of either consular processing or AOS can only choose one of the two.

Q: Can an alien who chooses to apply for consular processing take advantage of benefits like work permits or advance parole while his application is being processed?

A: No. Benefits like work permits and advance parole are only available to AOS applicants. Aliens applying for immigrant visas through consular processing cannot enjoy such benefits.

Q: If an alien is outside the U.S., can she still apply for an adjustment of status?

A: To be able to apply for an adjustment of status, an alien must be in the U.S. Accordingly, the alien in question would not be eligible to adjust status. The only option available to her is consular processing.

Q: An alien is presently in the U.S. with a valid nonimmigrant status. After his immigration petition is approved, can he then choose either to undergo consular processing or apply for an adjustment of status?

A: Yes. Either option, but not both, is available to him.

Q: What are the steps involved in consular processing?

A: Briefly, the steps in consular processing are:

  • USCIS forwards an approved immigrant petition (i.e. Form I-797, Notice of Action) to the National Visa Center (NVC), if the alien has indicated his desire to apply for consular processing in an immigration petition. Otherwise, an alien has to file Form I-824 to request consular processing.
  • NVC informs the petitioner and beneficiary as to when they must submit immigrant visa processing fees and supporting documentation.
  • NVC processes the application.
  • NVC notifies the U.S. Department of State (DOS) Visa Office of the completed application and requests allocation of visa numbers for the alien and any qualifying family members.
  • The relevant consular office schedules an immigrant visa processing appointment, which is attended by the alien and any family members at the nearest U.S. consulate that issues immigrant visas.

For more detailed information about the consular processing procedure, click here.

Q: What are the benefits of applying for consular processing?

A: The primary advantage of consular processing is the relative speed with which an immigrant visa, once a visa number becomes available, is issued. On average, processing time is between five and 13 months. Other benefits include lower application fees and the comfort of being “home.” For a more detailed discussion on the pros and cons of consular processing, click here.

Q: What kind of documentation is needed for consular processing?

A: Requisite documentation includes:

  • The original I-797 approval notice for the immigration petition (i.e. the I-130, 1-140, etc.)
  • A copy of the immigration petition as filed
  • The receipt notice for Form I-824, if applicable
  • A valid unexpired passport or other suitable travel document
  • A police certificate from a local police authority if:

    -The applicant has been living in his or her country of nationality at his or her current residence for more than six months and is 16 years old or older

    • -The applicant has lived in a different part of his or her country of nationality for more than six months and was 16 years old or older at that time

    -The applicant lived in a different country for more than 12 months and was 16 years old or older at that time

    -The applicant was arrested for any reason, at any age

  • Certified copies of prison records and military records, if applicable
  • Certified copy of a birth record
  • Documents establishing relationship to spouse and children, if applicable
  • Identity documents
  • Marriage certificate(s), if applicable
  • Past 10 years of employment history

Q: If the beneficiary of an immigration petition is a national of China, where can she apply for consular processing?

A: The alien in question can go through the U.S. Consulate General in Guangzhou. The address is:

Huaxia Road, Zhujiang New Town
Tianhe District
Guangzhou, China
广州市天河区珠江新城华就路43号 邮编 510623

Q: If the beneficiary of an immigration petition is from Hong Kong, where can he apply for consular processing?

A: The alien in question can go through the U.S. Consulate General in Hong Kong. The address is:

26 Garden Road
Hong Kong
People’s Republic of China

Q: If the beneficiary of an immigration petition is from Taiwan, where can she apply for consular processing?

A: The alien in question can go through the American Institute in Taiwan. The address is:

American Institute in Taiwan
No. 7, Ln. 134, Sec. 3
Xinyi Rd., Da’an Dist.
Taipei City 10659
Taiwan

Q: If the beneficiary of an immigration petition is from India, where can he apply for consular processing?

A: The alien in question can go through one of the U.S. consulates in India. For a listing of U.S. consulates, click here.

Q: If the beneficiary of an immigration petition is from South Korea, where can she apply for consular processing?

A: The alien in question can go through the U.S. Embassy in Seoul. The address is:

188 Sejong-daero, Jongno-gu
Seoul, Korea
03141

Q: What are the differences between consular processing and adjustment of status?

A: There are crucial distinctions in terms of processing times, locations where each process occurs, application fees, application components, and benefits that can be enjoyed by applicants while their applications pending. For a side-by-side comparison between the two, click here.

Q: An alien's National Interest Waiver (NIW) petition has been approved, but his H-1B status will soon expire. Can he apply for either consular processing or for an adjustment of status?

A: Yes. Either of the options, but not both, is available to him. Because applying for an adjustment of status has the benefit of a work permit, choosing to adjust status is probably the better option, provided the alien in question wishes to remain in the U.S. while his Form I-485 petition is pending.

Q: An alien presently resides in Texas under a valid status. Her family-based immigration petition has been approved, and a visa number is available. Can she apply for either consular processing or for an adjustment of status?

A: Yes. Either of the options, but not both, is available to her. Because the time frame for an adjustment of status application based on a family-based immigration petition is comparably longer, choosing to apply for consular processing is probably the better choice for purely strategic reasons.

Q: Who will handle my case if I retain your firm?

A: Our experienced attorneys will directly handle your case. At our firm, you will have peace of mind knowing that only seasoned attorneys, and not just clerks or paralegals, are working on your case. Our law clerks’ main objective is to assist our attorneys administratively. On top of that, not only will your case be prepared by an individual attorney, but one of our most senior associates or partners will review it and any documentation prior to submission.

Q: How much are attorney’s fees for consular processing?

A: In short, it depends. Fees range in price as a function of the complexity of issues or length of process time and work involved. During a free consultation on your potential case with an experienced attorney at Zhang & Associates, you will be provided a quote on the attorney’s fees that would be assessed.

Our Firm is Here to Help

Applying for an immigrant visa through consular processing can be a complex process for most to handle on their own. This is why we recommend you seek the advice of an experienced immigration attorney about your situation. At Zhang & Associates, our attorneys have decades of experience successfully facilitating consular processing for our foreign-based clients. One of our associates, Sechyi Laiu, spent several years as a consular officer at multiple U.S. diplomatic posts worldwide. Click here to contact our firm for a free consultation today.

For official news and updates on consular processing, click here.

For more detailed information on consular processing, refer to the following links:

Updated 07/31/2017