There are two paths to legal permanent resident status through a family member: consular processing or adjustment of status.
A beneficiary who lives abroad, or who is not eligible for adjustment of status, must apply for an immigrant visa at a U.S. consulate abroad (usually in his or her home country). This is known as “consular processing.” In family sponsored cases, the process begins with filing an I-130 Petition. Once the I-130 Petition is approved, the file is transferred to the Department of State for immigrant visa processing. The Department of State will only begin processing the case when a visa is available, or close to becoming available, under the visa bulletin.
The Department of State will gather fees and numerous documents before the case is scheduled for an immigrant visa interview. The interview is conducted at a U.S. consulate abroad. Generally, only the beneficiary will be permitted into the U.S. consulate for the interview. If the case is approved, an immigrant visa will be placed in the beneficiary’s passport. The beneficiary will become a conditional or permanent resident of the United States when he or she is admitted to the United States at a U.S. port of entry.
An experienced immigration attorney at Nayar & McIntyre, LLP can assist you with the entire process of applying for an immigrant visa at the U.S. consulate. We will prepare and file the I-130 petition, monitor the case for visa availability under the visa bulletin, prepare the applications for the Department of State, review supporting documents to ensure it meets the documentary requirements of the Department of State, and prepare you for the interview at the consulate.
Waivers: If an applicant for consular processing has triggered any grounds of inadmissibility due to past crimes, immigration violations, fraud, or unlawful presence in the U.S., an immigration lawyer at Nayar & McIntyre, LLP can also help prepare a waiver to submit to the Department of Homeland Security. We will evaluate the need for a waiver and your eligibility for a waiver at your initial consultation.
We welcome the opportunity to discuss your family’s immigration case with you. Please contact our office at 972.445.4114 to schedule your free consultation with an experienced immigration lawyer in the Dallas Fort Worth Metroplex.
