How Does Immigrant Visa Processing Work?

Permanent residence ("green card") status is conferred either through issuance of an immigrant visa by a U.S. consulate abroad or through approval of an adjustment of status application (see "adjustment of status") filed in the United States with USCIS. For those present in the United States who have both alternatives available to them, adjustment is generally the preferred method since the applicant whose case is denied can challenge the denial through the administrative and/or judicial appellate processes and the applicant is not required to leave the U.S.

However, there may be specific situations where it is preferable to go through immigrant visa processing abroad, such when there are long delays at USCIS. Consular processing is particularly attractive in time-sensitive situations, such as diversity lottery cases or minors who will "age-out" (i.e., turn age 21).

In order to be eligible for an immigrant visa, the applicant must establish entitlement under one of the classifications enumerated under the Immigration and Naturalization Act. To be eligible the applicant must be:

  • The beneficiary of an approved visa petition granting family-based immediate relative or preference classification, or employment-based preference classification.
  • A derivative family member (i.e., spouses and minor unmarried children of preference aliens if they are accompanying or following to join the primary applicant).
  • The foreign national is entitled to special immigrant status under INA §101(a)(27); or
  • The foreign national qualifies for a visa under special legislation, such as the Chinese Student Protection Act of 1992, Vietnam Amerasian program, or certain provisions of the Immigration Act of 1990, such as the diversity lottery provisions.

In most instances consular processing involves returning to the country of the foreign national's nationality or last residence. There are circumstances, however, when the alien is unable or unwilling to return and may be able to process the immigrant visa in a third country. Such circumstances may include inconvenience, fear of persecution, travel costs, or lack of consular services. A consular office may, as a matter of discretion, accept an immigrant visa application from a foreign national who is neither a resident of, nor physically present in the area designated for such purpose.