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How much time does it take?
From the date the immigrant visa is available, an average of 5 to 13 months processing time is expected - of course, this may vary depending on the number of pending cases at that particular time.
Differences Between Consular Processing and Adjustment of Status?
- The time frame for Consular Processing is quicker than Adjustment of Status.
- Consular Processing must be done in the (foreign) country of residence or country of birth (If applying for Adjustment of Status, the applicant must reside in the United States).
- An alien who applies for Consular Processing, does not have the benefits of a work permit and advance parole.
- If applying for Consular Processing, the applicant must appear for the interview and medical exam at the consulate of the country of last residence or country of birth. If applying for Adjustment of Status the applicant will have to get fingerprints and a physical exam taken in the US.
The Interview Process
All applicants for Consular Processing are expected to attend the interview. The NVC or the Consular Section will send information for Immigrant Visa Applicants (Packet Four) instructing the applicant to gather the documents that will be necessary for the interview. This will be done before the scheduling of the interview. The applicant must submit documents like birth and marriage certificates, biographic data, police records and affidavit of support. A complete checklist of required documents will be provided in the packet. Immigrant visa fees are currently $335, payable by check or demand draft.
When a case arrives at the Consular Section, and the priority date is current, the applicant will be scheduled for an interview. If the applicant cannot make this appointment, or he/she knows that the documents will be incomplete, the applicant should notify the Consular Section right away to be rescheduled. Appointments are scheduled approximately 5 - 6 weeks ahead. The applicant will be notified of the scheduled appointments through the mail and should appear at the Consular Office on the morning of the interview at the scheduled appointment time, taking his/her passports, all relevant documentation as requested, and bank drafts to pay application and issuance fees for each person applying for the Visa. If no problems arise, Immigrant Visas are generally approved on the day of the application and issued later the same day.
Application Approval
If the application is approved, the person will be issued an Immigrant Visa, which is good for only six months. If the person does not enter the US within that period of time, the visa will expire and the opportunity to immigrate will be lost.
Application Denied
If the application is denied, the principle consular officer at the post reviews it. If the officer desires, he can get a second opinion from the State Department. However, if, after this point, the denial is upheld, there is no appeal available to the applicant.
Entering the USA at the Port of Entry
When entering the US, based on this Immigrant Visa the applicant will not need to fill out an I-94 card. The applicant will enter the US with his/her Immigrant Visa, passport, and any documents given to the applicant by the consulate. At the port of entry, after a basic interview, the applicant may be taken to the immigration office where an immigration officer will review the document and issue an I-551 stamp (Temporary Green Card stamp). This stamp is valid for one year. The applicant will receive an actual plastic Green Card via regular mail within few months.
FAMILY BASED GREEN CARD
A lawful permanent resident (Green Card holder) is a foreign national who has been granted the privilege of permanently living and working in the United States. One of the requirements of applying for US citizenship is to be a permanent resident for a continuous five years. If a person wants to become a lawful permanent resident based on the fact that he/she has a relative who is a citizen of the United States, or a relative who is a lawful permanent resident, the person must go through a multi-step process.
Perks of Being a Green Card Holder/Permanent Resident
As a permanent resident a person may have most of the rights of a United States Citizen. However, there are some exceptions:
Rights
- To live permanently in the United States, provided the person does not commit any actions that would make him/her removable (deportable) under Immigration Laws.
- To be employed in the United States for any type of legal work that the person chooses and is qualified for.
- To be protected by all of the laws of the United States, the person's state of residence and local jurisdictions.
- To vote in local elections where United States Citizenship is not required.
Exceptions
- Some jobs will be limited to United States Citizens due to security concerns.
- The permanent resident may not vote in elections limited to United States Citizens.
Call Smith and Garg today at 281.210.0010 or complete our Contact Form and let us assist you with your immigration needs.
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