Consular Processing

The Immigration and Nationality Act (INA) provides two pathways to obtaining permanent resident status (a green card). One can apply at a U.S. Department of State consulate abroad for a visa to enter the U.S. as a permanent resident if they are the beneficiary of an approved application and a visa number is available. This process is known as “consular processing.” The second pathway is called “adjustment of status.” This option allows an eligible person already in the U.S. to apply for permanent resident status without having to return to their home country to complete the process.

Steps for Consular Processing

1) File the Employment-Based Immigrant Petition (I-140)
    • Indicate on the I-140 form that you are applying for a visa abroad, whether you live outside the U.S. or within the U.S. but are applying for a visa abroad (See Form I-140, Part 4, 1.a.). If our firm is e-filing your I-140, please inform us that you are applying through consular processing so we can properly indicate this on your form.
    • If you have dependents (spouse or children) who are also applying for a green card based on an approved I-140, ensure to indicate this on the form (See Form I-140, Part 7, 1.h.). Again, inform our firm if we are e-filing so we can indicate consular processing for your dependents.
2) Wait for a Decision on the Immigrant Petition
    • USCIS will notify you of the decision on your petition. If approved and you are the beneficiary applying from outside the U.S. or from within the U.S. but choosing consular processing, USCIS will forward the approved application to the Department of State’s National Visa Center (NVC), where it will stay until a visa number is available.
    • You can check the U.S. Department of State Visa Bulletin website to see if a visa number is available. For first preference employment-based immigrant visas (EB-1A, EB-1B, and EB-1C), visa numbers are immediately available as all priority dates are current.
    • For second preference employment-based immigrant visas (NIW, EB-2 PERM), visa numbers are currently available for all recipients except those born in China or India, who must wait until their priority date is current.
Important Notes
  • Visa quotas are generally based on the beneficiary’s country of birth, not citizenship or nationality, unless they are the same as the country of birth. Exceptions to this rule include:
    • A child’s visa can be charged to the foreign country of either parent the child is accompanying or joining.
    • A spouse’s visa can be charged to the country of the accompanying spouse.
    • A non-resident born in a country where neither parent resided or was born can have their visa charged to the foreign country of either parent, without requiring parent accompaniment.
For example, if the I-140 applicant was born in China or India but their spouse was born elsewhere, visa numbers may be available immediately due to the rule of cross-chargeability. Contact our law firm to discuss your case if you believe an exception might apply. 3) Wait for National Visa Center Notification The National Visa Center (NVC) handles the collection of supporting evidence and visa application fees. They will notify both the beneficiary and the petitioner when the visa application is received and a visa number becomes available. The NVC will also inform them when to submit supporting evidence and when to pay the immigrant visa processing fees (“fee bills”). The first communication from the NVC will be an “Immigrant Visa Application Processing Fee Bill Invoice” for each person undergoing Consular Processing (CP). This invoice will specify the processing fee amount and provide payment instructions. Follow these instructions carefully. After receiving the fees, the NVC will send detailed instructions on the documents that need to be submitted. Ensure all requested evidence is provided according to the instructions, and do not submit any documents that were not requested by the NVC. 4) Prepare for the Interview Once the NVC has received all the requested evidence, they will notify you of your scheduled interview. Upon receiving the interview notification, take the following steps to prepare:
  • Review the information sent by the NVC, noting the location, time, and date of your visa interview.
  • Prepare for the Medical Examination.
  • Ensure all original required evidence will be accessible during the interview. All evidence sent to the NVC is transferred to the USCIS officer.
  • Obtain the necessary photographs (photograph requirements are listed on the U.S. Department of State website).
  • Review the U.S. Embassy/Consulate General Specific Interview Guidelines.
  • Review the Important Visa Interview Notices.
  • Study the Immigrant Visa Interview FAQs.
  • Go over the questions and answers submitted on all documentation.
More information on preparing for the interview is available on the U.S. Department of State website. 5) Go to the Interview Appointment Dress professionally, conservatively, and neatly for the interview. Due to space constraints and security issues, supporting parties such as attorneys, business contacts, friends, or relatives are not allowed to attend the interview. It is recommended to arrive no more than 15 minutes before your interview time, but ensure you are punctual. Since you may need to wait for your appointment, bring puzzles, books, or other items to occupy your time. If there is one case number for the principal petitioner and their spouse and/or children, everyone will be called simultaneously. The principal petitioner’s file will be reviewed first, followed by the spouse’s file and then the children’s, if applicable. Please Note: You must provide U.S. passports for any children born in the U.S. Answer all interview questions thoroughly and truthfully. If you do not know the answer to a question, inform the officer that you do not know. Do not fabricate answers. Providing false information or concealing facts can result in a permanent bar from the U.S. The officer will ask you to swear an oath that all information provided during the interview is truthful and that no fraudulent statements were made. You will then be asked to sign the DS 230 Part II. The interview is typically conducted in English. If you are not comfortable speaking English, check with the U.S. Consulate where the interview will take place to see if a translator or different language can be accommodated. Fingerprinting is not conducted during the interview as it is done at your port of entry into the U.S. Please Note: There is no guarantee that the interview will result in the issuance of a green card. The officer can only make a determination after examining your documentation and conducting a personal interview. It is strongly advised not to dispose of property, resign from your job, or make travel arrangements until your green card is issued.   6) Notify NVC of Any Changes The National Visa Center will contact you if they need information for your petition; you should not contact them. You should, however, contact the NVC if you change addresses or there is a change in your individual circumstances. You should notify the NVC if one of your children reaches 21 years of age or if your marital status changes, since this can affect your status of being eligible for a visa. The chosen communication method of the NVC is e-mail. The email address for the NVC is NVCINQUIRY@state.gov. Please Note – Always use your personal email account when contacting the NVC. Copy and paste the email address given for the NVC into your personal email if the computer does not connect automatically when you click the link. To ensure a quick response, please do the following:
  • Type your USCIS Receipt Number or your NVC Cast Number into the subject line of your email.
  • Specify the petitioner’s name and date of birth and the applicant’s name and date of birth.
  • When the application is employment-based, provide the employer’s organization/company name.
  • Specify the attorney’s name, law firm, and address (if applicable).
  • NVC can be contacted by phone–(603) 334-0700 (Hours: Monday-Friday from 7:00 AM to 12:00 AM (Eastern Time)). Customer Service Representatives are available to answer any case inquiries. The following information must be provided in order to receive a response on your case:
  • The USCIS receipt number or NVC Case Number
  • The petitioner’s name and date of birth and the applicant’s name and date of birth
  • The name of the law firm requesting the information if you are the attorney for the case.
  • Please note – A touch-tone telephone is required for this service.
  • Lastly, you may get in contact with the NVC by postal mail. Written questions should be sent to:National Visa CenterAttn: WC31 Rochester Ave. Suite 200
Portsmouth, NH 03801-2915 Photographs, documents, and forms, should be sent to: National Visa Center Attn: DR 31 Rochester Ave. Suite 100 Portsmouth, NH 03801-2914 7) After the Green Card is Approved The consular officer will provide you with a packet of information when you are approved for a visa. This is known as the “Visa Packet”. DO NOT open this packet. When you arrive in the U.S., give your Visa Packet to the Customs and Border Protection officer at the entry port. Fingerprinting will be done at the entry port as well. The Customs and Border Protection officer will give you an inspection and, if admissible, will admit you as a permanent resident of the U.S., which allows you to work and live permanently in the U.S. When the visa application is refused, you will receive a refusal sheet which will specify the reason for the refusal. It will also tell the actions to take to overcome the denial. 8) Receive Your Green Card The green card will be mailed to you. If the green card is not received within 30 days of arrival, please call the USCIS National Customer Service Center at 1-800-375-5283 or visit the local USCIS office after making an InfoPass appointment. Make this appointment by visiting the InfoPass website. 6) Notify NVC of Any Changes The National Visa Center (NVC) will contact you if they need additional information for your petition; you should not initiate contact with them. However, if you change your address or experience a change in circumstances, such as a child reaching 21 years of age or a change in marital status, you should notify the NVC as these changes can affect your visa eligibility. The NVC primarily communicates via email. Their email address is NVCINQUIRY@state.gov. Please Note:
  • Always use your personal email account when contacting the NVC.
  • If the computer does not connect automatically when you click the email link, copy and paste the email address into your personal email.
To ensure a prompt response, include the following in your email:
  • Type your USCIS Receipt Number or NVC Case Number in the subject line.
  • Include the petitioner’s name and date of birth, and the applicant’s name and date of birth.
  • For employment-based applications, provide the employer’s organization/company name.
  • If applicable, include the attorney’s name, law firm, and address.
Phone Contact:
  • You can also contact the NVC by phone at (603) 334-0700. Their hours are Monday-Friday, 7:00 AM to 12:00 AM (Eastern Time). Customer Service Representatives can answer case inquiries. Be prepared to provide:
    • The USCIS receipt number or NVC Case Number.
    • The petitioner’s name and date of birth, and the applicant’s name and date of birth.
    • The law firm’s name requesting the information if you are the attorney for the case.
  • Please Note: A touch-tone telephone is required for this service.
Postal Mail:
  • For written questions, send to:
National Visa Center</> Attn: WC</> 31 Rochester Ave. Suite 200</> Portsmouth, NH 03801-2915 National Visa Center Attn: WC 31 Rochester Ave. Suite 200 Portsmouth, NH 03801-2915
  • For photographs, documents, and forms, send to:
makefile National Visa Center Attn: DR 31 Rochester Ave. Suite 100 Portsmouth, NH 03801-2914 National Visa Center Attn: DR 31 Rochester Ave. Suite 100 Portsmouth, NH 03801-2914 7) After the Green Card is Approved When your visa is approved, the consular officer will provide you with a packet known as the “Visa Packet.” DO NOT open this packet. Upon arrival in the U.S., present your Visa Packet to the Customs and Border Protection officer at the port of entry. Fingerprinting will also be done at the entry port. The officer will inspect you and, if admissible, admit you as a permanent resident of the U.S., allowing you to live and work permanently in the U.S. If your visa application is refused, you will receive a refusal sheet explaining the reason for the refusal and the steps to take to overcome the denial. 8) Receive Your Green Card Your green card will be mailed to you. If you do not receive it within 30 days of your arrival, contact the USCIS National Customer Service Center at 1-800-375-5283 or visit the local USCIS office after making an InfoPass appointment via the InfoPass website.
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