How to Apply for a U.S. Green Card from Abroad: A Guide to Consular Processing

For individuals outside the U.S. seeking lawful permanent residency (a green card), the application process requires what is called consular processing. This process enables non-citizens to obtain an immigrant visa at a U.S. consulate or embassy in their home country, which grants lawful permanent resident status upon entry into the United States. Here, we’ll walk you through the steps involved in applying for a green card via consular processing.

Consular processing is the method of applying for a green card from outside the U.S. through a U.S. consulate or embassy. This immigrant visa, once granted, allows the applicant to enter the U.S. as a lawful permanent resident. Upon entry, the immigrant visa essentially functions as a green card.

Consular processing can be used for both family-based and employment-based green card petitions. The process for each is as follows:

1. Family-Based Petitions: A U.S. citizen or permanent resident family member files Form I-130.
2. Employment-Based Petitions: An employer files Form I-140 on behalf of the applicant.
3. Approval of Initial Petition: After USCIS approves the initial petition (I-130 or I-140), it notifies the U.S. Department of State, which triggers the next steps.
4. National Visa Center (NVC) Case Creation: The NVC assigns an immigrant visa case number and sends a welcome notice with instructions on creating an account in the Consular Electronic Application Center (CEAC) system, paying fees, and submitting documents.
5. Submitting Civil Documents and DS-260 Form: Applicants complete the DS-260 immigrant visa form and upload supporting civil documents, which generally include:
   1. Birth certificates, marriage certificates, passports, and additional documents based on specific visa requirements.
   2. Family-based cases must include Form I-864 (Affidavit of Support), completed by the petitioner or a co-sponsor, along with income tax returns to verify financial support.
6. NVC Document Review: After uploading all required documents, the NVC reviews them. If everything is in order, they will schedule an interview at the consulate. If additional documents are needed, the NVC will notify the applicant.

1. Medical Examination: Before the interview, applicants must undergo a medical examination with a consulate-approved physician.
2. Required Documents for Interview: At the interview, applicants should bring specific documents, including the DS-260 confirmation page, appointment letter, photographs, and original or certified copies of civil documents. Employment-based applicants may need to provide additional documents proving eligibility.
3. Interview Process: The consular officer will interview the applicant to assess their eligibility for the green card. If additional information or documents are needed, the officer will inform the applicant of these and any next steps.
4. Approval or Denial: If the officer approves the visa, they’ll explain when the passport and visa will be available for pickup. If denied, the officer may request further documentation to reconsider the decision.

Once approved, the applicant receives an immigrant visa in their passport and must enter the U.S. before the visa expiration date. Upon arrival, a Customs and Border Protection officer will inspect the visa, and once admitted, the applicant becomes a lawful permanent resident. After paying the fee, the physical green card will be mailed to the new permanent resident’s U.S. address.

If you are considering applying for a green card from outside the United States, Scott Legal, P.C. can guide you through the consular processing steps, helping you prepare each document and ensuring a smooth process.