Consular processing once was the only means of obtaining an immigrant visa. After the Immigration and Nationality Act introduced the Adjustment of Status for Permanent Residence, it became a highly popular method of achieving permanent resident status after entering the United States.

If you have an approved immigrant visa petition and are currently residing in the United States, you may be eligible for an adjustment of status. If you are considering such a step, having an experienced lawyer is essential. Applying for permanent resident status (through what’s called the I-485 package) is a detailed, arduous process.

Consular processing allows foreign nationals to apply for visas while still in their home country. This is best handled with an experienced immigration lawyer in the U.S., working closely with a liaison (usually a family member or employer) already in the country.

Submitting a petition via consular processing presents its own challenges because we are no longer dealing with United States Customs and Immigrations Services. Instead, we are working with the Department of State. Access to files can be limited and backlogs are common. Nevertheless, an attorney can ensure that the government has the requisite information to process your petition without unnecessary delays.

You cannot come to the U.S. to marry a someone you have never met in person, nor someone you have not seen in person in over two years. Skyping, etc., does not count.

At the time of the consular interview, the Petitioner will be required to submit evidence of financial ability to support Fiancé(e): job letter, bank letter, tax return(s).

You can apply for a Consular Report of Birth Abroad. This is proof of identification and citizenship, but isn’t a travel document – it can’t replace a passport, for example. However, you can apply for a passport for your child in the same visit to the embassy. The consul or embassy will give you one original. Hang on to this – it won’t be easy to get a replacement.

If you wish to study in the United States but are not a citizen, you can obtain a student visa that will allow you to pursue an education in the country legally. This visa does not grant you permanent residency, but it can lead to eventual citizenship down the road if you request a status change. Student visas are generally granted to individuals studying at a college or university and will not expire until his or her time as a student is up. Once you have been accepted to a school that has been approved by the Student Exchange and Visitor Program, you can come to an experienced U.S. immigration attorney for help with the process. It will help to have a liaison who is already here in the country, usually a school official or family member. An interview will also be mandatory for applicants between 14 and 79.

The best way to enter the U.S. depends on what you plan to do here, and on how long you want to stay.

Visa Waiver

Currently about 40 countries in the world participate in the Visa Waiver program. This allows tourists to come to the U.S. with nothing more than a passport and a round-trip ticket, without visiting the Embassy to apply for a visa. These last 90 days and cannot be extended or converted into a different type of visa. The only exception would be if you married a U.S. citizen during those 90 days. You might, then, be able to stay and interview for a green card.

B Tourist Visa

If you know you want to stay in the U.S. longer than 90 days, you will need a B visa. To obtain a B-1 (business) or B-2 (tourist) Visa, you need to go to the U.S. Embassy in your home country and apply, submitting your “plan” – no matter if your intent is to celebrate a holiday or family occasion, travel across the country, etc. You also need to prove temporary, rather than permanent intent to travel to the U.S., and prove that you have permanent ties in your home country. This can be difficult for the young or the elderly, who might not have a job or many family members in their home country. However, once in the U.S., you can seek an I-94 authorization to stay in the U.S. for up to six months. Also, if you have a B visa you can attempt to convert it to an H-1 professional visa or F-1 student visa.