Consular Processing

 

Consular Processing means that the foreign national applies for the immigrant or nonimmigrant visa at a U.S. consulate overseas.  

Permanent residence (Immigrant visas)

To qualify for permanent residence, an applicant must be one of the following:

  • A spouse or minor child of a U.S. citizen;
  • A parent, son or daughter or sibling of an adult U.S. citizen;
  • A spouse or minor child of a legal permanent resident;
  • An employee that a U.S. employer has received approval from the
    Department of Labor to hire;
  • A person of extraordinary or exceptional ability;
  • A refugee or asylee fleeing persecution; or
  • An approved application in the visa lottery.

The immigrant visa applicant will have to personally appear for an interview at a U.S. Consulate abroad during which a U.S. consul will determine whether the applicant is eligible for the visa and admissible to the United States (i.e., criminal convictions, fraud or misrepresentation, terrorism, health related issues) or if inadmissible, whether a waiver can be granted on his or her behalf.

Temporary Status – (nonimmigrant visas)

Nonimmigrant visas are granted for various purposes which all carry different periods of authorization of stay in the United States.

  • B-2 visas for tourist
  • E-1 and E-2 for treaty traders and treaty investors
  • F-1 for students
  • H-1B for professionals holding a baccalaureate degree or equivalent
  • J-1 for cultural exchange
  • K-1 visa for fiancés of U.S. citizens
  • L-1A and L-1B for intra-company transferees and specialized knowledge employees
  • O for persons of extraordinary ability
  • P for athletes, artists or entertainers
  • R for religious workers

These non-immigrants must satisfy to the U.S. consul that they wish to enter the U.S. for a temporary period and for the specific purpose designed by their visa. All but H-1B, L-1, K-1, K-3, visa holders need to prove that they are coming to the U.S. for e temporary period, and therefore that they maintain ties to their home country (financial, employment, family, etc...).