In the United States, the Immigration and Nationality Act (INA) sets the rules for how to legally come to this country and become a permanent resident.
There are two different possible paths to take. One option is an adjustment of status, which is used when the immigrant is already in the United States. The other option is consular processing, which means that the immigrant goes to the U.S. Department of State consulate in a different country and obtains an immigrant visa.
Consular processing is possible under many different circumstances, including when you have a family member or employer sponsoring you or if you are a foreign investor. At Monty & Ramirez, our immigration attorneys assist with immigrant visa consular processing throughout the entire world. Give us a call today if you need assistance with this process.
How Immigrant Visa Consular Processing Works – An Overview
Immigrant visa consular processing is possible if you are outside of the U.S. and you are not able to adjust your status or decided not to go through the process within the U.S.
What is required:
- You have an immigrant visa number available and
- You have an approved immigrant petition.
An immigrant petition is filed by either a family member or an employer. Family members generally complete a Petition for Alien Relative, I-130, to secure an immigrant visa for their loved ones living in another country. Employers, on the other hand, generally complete a Petition for Alien Worker, I-140. If you are coming over to the U.S. to invest money into a business, however, then the foreign investor would prepare an Immigrant Petition by Alien Entrepreneur, I-526.
After the immigrant petition is filed, you must wait for the United States Customs and Immigration Services (USCIS) to notify the petitioner of a decision. If the petition is denied, appeal is possible. If the petition is approved and the immigrant is living outside the U.S, then USCIS sends the approved petition to the Department of State’s National Visa Center (NVC) where an immigrant visa number is issued. The immigrant will be notified when the immigrant visa number is available.
At this point, it is time to go to the Consulate to get your immigrant visa processed. After the visa issuance, you will be admitted as a permanent resident.
Getting Greater Houston Immigrant Visa Consular Processing Help
The entire process of petitioning for an immigrant visa and obtaining one at a consulate office can be a complicated process. You need a qualified legal advocate to help you through this process.
In Greater Houston, we will guide you through this process and assist with the necessary steps no matter where in the world the consulate is located. We keep you updated throughout the entire Greater Houston immigrant visa consular process and we have the legal knowledge and experience needed to help make the immigration process work as smoothly as possible. Call or contact us online today to learn more. At Monty and Ramirez, we know what works.®