What are the Pros and Cons of Consular Processing?
Applying for an immigrant visa through consular processing means a foreign national has reached the last step in obtaining their green card. After the consular office approves an immigrant visa, that individual is allowed to enter the United States as a lawful permanent resident, allowing them to live and work in the U.S. indefinitely.
For foreign nationals who are not currently located in the U.S., consular processing is the only way to obtain a visa. However, even those who are in the country must use the process if they are ineligible for an adjustment of status or if it is required by certain policies. As with most legal issues, there are both pros and cons to consular processing. Below, our Atlanta immigration lawyer explains what these are.
What are the Advantages of Consular Processing?
The main benefits of consular processing are as follows:
- Faster process: The main benefits of consular processing is that it is much faster. The U.S. Citizenship and Immigration Services (USCIS) can take one to two years to make a decision on a petition for an adjustment of status. However, consular processing usually takes no longer than 5 to 13 months.
- Ease and predictability: For people who undergo consular processing, there is often a sense of ease and predictability. Applicants are aware of when and where their interview will be held, and consular officers are much more likely to know local customs than USCIS in the United States would. These two factors combined can reduce setbacks involved in explaining certain documentation or other technicalities to applicants.
- Reduced filing fees: Applying through consular processing is generally much more affordable than applying for an adjustment of status while in the United States.
What are the Drawbacks of Consular Processing?
Just as there are many benefits associated with consular processing, there are also drawbacks. These include:
- The interview: All applicants that undergo consular processing must have an in-person interview. It is not possible to waive this requirement and in most cases, lawyers are prohibited from accompanying applicants during the interview.
- Consular discretion and accessibility: Decisions made by consular officers cannot be contested. Due to this, there is a potential for an outright revocation or re-adjudication of an individual’s immigrant visa petition even after it has already been approved. Additionally, individuals going through consular processing generally do not have as much access to consular officials as adjustment of status applicants typically have with USCIS officials.
- The conditions of the country: Depending on where a foreign national lives, they may be subject to dangerous conditions or additional expenses associated with traveling from their home to a U.S. consulate.
Our Immigration Lawyer in Atlanta Can Help You Through the Process
If you are considering consular processing, our Atlanta immigration lawyer can help you through it. To discuss your needs and case, call Shirazi Immigration Law, Inc. at 404-523-3611 for a consultation. We are proud to serve clients in Moultrie, Atlanta, and Dalton, GA and Chattanooga, TN.
Source:
uscis.gov/green-card/green-card-processes-and-procedures/consular-processing
