Once you are the beneficiary of an approved immigrant petition and an immigrant visa number is immediately available to you, there are two ways to apply for lawful permanent resident status (a Green Card). If you are outside of the United States, you may apply at a U.S. Department of State consulate abroad for an immigrant visa in order to come to the United States and be admitted as a permanent resident. This pathway is referred to as consular processing.
You are the beneficiary of an approved immigrant petition (Form I-130, I-140, I-526, or I-360)
An immigrant visa number is immediately available to you
You are outside the United States or prefer to process abroad
You meet all admissibility requirements or qualify for a waiver
You can attend a visa interview at a U.S. consulate
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Regulatory Criteria
1. Determine Your Basis to Immigrate
The first step in consular processing is to determine if you are eligible to apply for a Green Card (lawful permanent residence). Most immigrants become eligible through a petition filed on your behalf by a family member or employer.
Examples
Family-based: U.S. citizen or LPR relative files Form I-130
Employment-based: U.S. employer files Form I-140
Investor: Self-petition with Form I-526
Special immigrants: Form I-360 for various categories
2. File the Immigrant Petition
When you know what category fits your situation, someone usually must file an immigrant petition for you. The petitioner files the appropriate form with USCIS.
Examples
Form I-130, Petition for Alien Relative (family-based)
Form I-140, Petition for Alien Worker (employment-based)
Form I-526, Immigrant Petition by Alien Entrepreneur (investor)
Form I-360, Petition for Amerasian, Widow(er), and Special Immigrant
3. Wait for a Decision on Your Petition
USCIS notifies the petitioner of a decision. If approved and you live outside the United States, USCIS sends the approved petition to the Department of State's National Visa Center (NVC).
Examples
USCIS reviews petition and supporting documentation
If denied, notice includes reasons and appeal options
If approved, petition forwarded to National Visa Center
Petition remains at NVC until visa number is available
4. National Visa Center Processing
The National Visa Center (NVC) is responsible for collecting visa application fees and supporting documentation. The NVC will notify the petitioner and beneficiary when the petition is received and when a visa number is about to become available.
Examples
NVC collects immigrant visa processing fees ('fee bills')
NVC collects supporting documentation from petitioner and beneficiary
NVC notifies when visa petition received
NVC notifies when visa number about to become available
5. Visa Interview at U.S. Consulate
Once a visa is available or your priority date is current, the consular office will schedule you for an interview. The consular officer will process your case and decide if you are eligible for an immigrant visa.
Examples
Priority date must be current per monthly Visa Bulletin
Consular office schedules interview appointment
Bring required documents and forms to interview
Consular officer determines immigrant visa eligibility
6. Notify NVC of Changes
You should contact the NVC if you change your address, reach the age of 21 (if you were under 21), or change your marital status. These changes may affect your eligibility or visa availability.
Examples
Address changes must be reported to NVC
Aging out (turning 21) may affect category
Marital status changes may affect eligibility
Contact NVC for any significant life changes
7. After Your Visa is Granted
If granted an immigrant visa, the consular officer will give you a 'Visa Packet.' Do not open this packet. Pay the USCIS Immigrant Fee before departing for the United States.
Examples
Receive sealed Visa Packet from consular officer
Do not open the Visa Packet
Pay USCIS Immigrant Fee online before departing
Give Visa Packet to CBP officer at port of entry
8. Receive Your Green Card
If you have paid the USCIS Immigrant Fee, you will receive your Green Card in the mail after you arrive in the United States. If not received within 90 days, contact USCIS.
Examples
Green Card mailed after arrival in United States
Must pay USCIS Immigrant Fee before card is sent
Contact USCIS if not received within 90 days
Use e-Request-Non-Delivery of Card page for inquiries
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Application Process
Determine Eligibility
Identify your Green Card eligibility category (family, employment, investor, special immigrant).
File Immigrant Petition
Petitioner files Form I-130, I-140, I-526, or I-360 with USCIS.
USCIS Decision
Wait for USCIS to approve the immigrant petition.
NVC Processing
National Visa Center collects fees and documentation.
Visa Interview
Attend interview at U.S. consulate when priority date is current.
Visa Granted
Receive sealed Visa Packet and pay USCIS Immigrant Fee.
Travel to U.S.
Travel to United States and present Visa Packet to CBP.
Receive Green Card
Green Card mailed after admission as permanent resident.
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Key Benefits
Apply for immigrant visa from outside the United States
Alternative to adjustment of status for those abroad
Receive Green Card upon admission at port of entry
Can work and live permanently in the United States
Path to U.S. citizenship after maintaining permanent residence
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Documents Needed
Approved immigrant petition (Form I-130, I-140, I-526, or I-360)
DS-260, Immigrant Visa Application (submitted to NVC)
Valid passport (valid for at least 6 months beyond intended entry)
Birth certificate with translation if not in English
Police certificates from all countries of residence
Medical examination results (from panel physician)
Financial evidence (Form I-864, Affidavit of Support)
Passport-style photographs meeting DOS requirements
What is the difference between consular processing and adjustment of status?
Consular processing is for applicants outside the United States who apply for an immigrant visa at a U.S. consulate abroad. Adjustment of status is for applicants already in the United States who apply to change their status to permanent resident without leaving the country.
How long does consular processing take?
Processing times vary depending on the category, country of chargeability, and visa availability. After petition approval, NVC processing and visa interview scheduling can take several months to over a year. Check the Visa Bulletin for current priority date availability.
What is the National Visa Center (NVC)?
The NVC is part of the Department of State and serves as an intermediary between USCIS and U.S. consulates. The NVC collects visa fees and documentation, and notifies applicants when their visa number is available and when to schedule an interview.
What is the USCIS Immigrant Fee?
USCIS uses this fee to process your immigrant visa packet and produce your Green Card. You should pay this fee online after receiving your visa packet and before departing for the United States. If you don't pay before arrival, you must pay before USCIS will send your Green Card.
What happens at the port of entry?
Give your sealed Visa Packet to the CBP officer at the port of entry. The CBP officer will inspect you and determine whether to admit you as a lawful permanent resident. If admitted, you will have permanent resident status and can live and work in the U.S.
When will I receive my Green Card?
If you paid the USCIS Immigrant Fee, you will receive your Green Card in the mail after arriving in the United States. If not received within 90 days, call USCIS Contact Center at 800-375-5283 or use the e-Request-Non-Delivery of Card page.
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Fees
DS-260 Attorney Fee per Person
$1,500
Each Joint Sponsor/Household Member
$150
IVP Fee per Applicant
$345
USCIS Immigrant Fee per Applicant
$235
Fees are estimates and may change. Contact us for a quote for your specific case.
Need help with your immigration case?
Hasan Legal PC attorneys handle USCIS petitions, family immigration, employment-based green cards, and naturalization across Washington DC, Virginia and Maryland.