NYC Consular Processing Attorney (Brooklyn, Manhattan)

One of the most common ways of coming into the United States as a permanent resident is through consular processing. This entails submitting quite a bit of documentation to a U.S. embassy or consulate in your country. The consular processing for a green card application can become complicated, so your documentation must be totally accurate. One small mistake means extensive delays. That’s why you need the experience of a consular processing lawyer to get through it all. For the most thorough and timely consular process guidance, call the experts at Kats Immigration Law in New York City.

What Is Consular Processing?

Consular processing makes it possible for you to apply for a green card from your country through a consulate or U.S. embassy. The process of applying for permanent residency in the United States depends on whether you’re already in the U.S. or in another country. If you’re outside the U.S., the procedure is called consular processing. Applying for a green card while in the U.S. is called adjustment of status.

Immigration laws in the United States are complex and often confusing. Whether you’re seeking a green card, employment-based immigration, political asylum or a non-immigrant visa, you can benefit from the expertise of an immigration attorney. In New York City, find the best consular processing lawyer at Kats Immigration Law. Firm lead, Alina Kats offers a full range of immigration services.

What’s the First Step in Consular Processing for Green Card Application?

Most green card applicants use consular processing. To obtain a green card, someone must file an immigrant petition on your behalf. This petition may be filed by:

• A member of your family
• An employer
• You, if you’re seeking political asylum and have refugee status

The individual filing an immigrant petition on your behalf must be a United States citizen or a green card holder. The two most common petitions are:

1. Form I-130. This is the Petition for Alien Relative. It’s filed by a U.S. citizen or permanent resident who wants to establish a qualified relationship with another person such as a spouse, child under the age of 21 who’s not married or parent of a U.S. citizen who is at least 21.
2. Form I-140. This is the Immigrant Petition for Alien Workers. It’s filed by an employer to hire skilled workers from other countries to fill jobs that can’t be filled by workers in the U.S.

Immigrant petitioning is also known as sponsoring. Processing time for form I-130 is approximately 10 to 12 months, and the time needed to process Form I-140 can vary from four months to as long as 22 months. The process can take longer if the petitioner is a green card holder than it does if the petitioner is a U.S. citizen.

What Are the Next Steps of the Consular Processing Procedure?

Your visa petition is filed with U.S. Citizens and Immigration Services (USCIS). If your application is denied, you can appeal. If it’s approved, it’s forwarded to the Department of State’s National Visa Center (NVC) and you’re notified by NVC when it’s received. Steps to take after that include:

• Waiting for a visa number. The NVC must wait until a visa number becomes available, since there are a limited number of visas available each year. If you’re in certain categories such as the spouse of a resident, an immigrant visa number is automatically available to you. A monthly bulletin is released that lets you know when a visa number is available based on when your petition is submitted. You’re notified when an immigrant visa number becomes available. Then a consular interview is scheduled.
• Undergoing a medical exam. A physical exam must be done by a doctor approved by the USCIS before the interview. At the exam, the doctor fills out Form I-693 which is the Report of Medical Examination and Vaccination Record, which you need to bring to the consular interview.
• Gathering pertinent documentation. Besides the medical report, you need to bring to the interview your government issued ID, a copy of your application documents, your passport and other travel documents.

Expect the consular representative to ask questions relating to the information you’ve provided on your application to confirm its accuracy. Questions may be asked to verify the legitimacy of the reasons why you’re seeking a green card, such as needing asylum for your safety or wanting to bring your family together.

When Do I Get My Green Card?

If the interview goes well and your application is approved, you’re well on your way to getting your green card. Next steps include:

• Receiving a visa packet that must remain sealed until arriving in the U.S.
• Paying a USCIS immigration fee. This should be paid before you arrive in the U.S. and after you’ve received your visa to avoid any delays receiving your green card.

When you receive your green card depends on when you pay your fee. If you wait until you arrive in the U.S. to pay the fee, you won’t receive your green card until after it’s paid. If you pay the fee before arriving in the U.S., your green card should arrive in the mail approximately 45 days after you arrive.

How Can a Consular Processing Attorney Help?

Going through consular processing can be overwhelming and sometimes confusing. When you work with a NYC consular processing lawyer, assistance includes:

• Obtaining thorough and accurate information about immigration law
• Guiding you to which forms you need to file, as well as other changing issues such as how much of a fee you must pay
• Gathering the correct documents and evidence that may be required
• Reviewing your documents to make sure information is accurate and complies with all federal laws
• Preparing you for the consulate interview

At Kats Immigration Law, you can count on receiving the guidance of a skilled consular processing attorney. Contact Kats Immigration Law  today to make an appointment. And if you can’t make it into the NYC office, contact the firm to set up a virtual consultation.