Consular Processing and United States Family Petitions

When you petition a family member who is outside of the United States to come to the country to live and obtain their green card, then you would be involved in the consular process. The consular process is one method that may be utilized, out of many, to help a loved one obtain a green card by working through a U.S. embassy or a consulate located in the foreign country where the loved one currently resides.

Wanting your wife, child, or other close loved one to live with you in the United States is understandable. Being far away from family is challenging. Consular processing is the primary means for most family-based petitions and permanent residence. It is critical to understand that since every case is unique, both petitioners and beneficiaries can benefit from understanding consular processing. An attorney can assist families and explain what their rights are and how to navigate the immigration system to secure their desired outcome.

In Georgia, the Atlanta-based family immigration lawyers at Shirazi Immigration Law, Inc. can walk you through the consular process and assist you in determining the best approach to have your loved one obtain their permanent residency in the U.S. so your family can be reunited and together again.

How the Consular Process Can Help Reunited Families in the United States 

If you are a legal citizen of the United States and you petition to have a loved one who is not a citizen and living outside of the country obtain a green card, this is the consular process, and you are in the midst of it.

Most countries around the globe have a U.S. consulate. During the consular process, the individual living abroad must visit the U.S. consulate location in their country. If the country where your loved one lives does not have a U.S. consulate, then they must travel to a country that does have one. It may also be possible for you to engage in the consular process in the U.S. when you are the petitioner of a loved one.

You will need the following:

• Submit the Form I-130 to start the consular process. The form will be reviewed at the National Visa Center.
• There must be a petitioner or the individual petitioning for their loved one (termed the beneficiary), and both parties must have a valid and legally binding relationship with each other.

Individuals who are residing in the United States illegally have not passed inspection to enter into the U.S. As a result, they must go back to their home country to use consular processing as a way that they can obtain permanent residence status.

It is important when using consular processing to do things by the book. For example, if you are living in the country illegally and you decide to return to your native country to begin the consular process, but as you are navigating it, you decide to return a second time illegally, then you will be issued a permanent bar. This will make your life much more difficult.

Individuals who have a permanent bar on their immigration status can face severe consequences. Some of these include ineligibility for protections from deportation, inability to adjust their status in the U.S., and being barred from obtaining a visa to reenter the country. Essentially, a permanent bar makes obtaining legal status or even being allowed back into the country incredibly challenging.

Speak with an Atlanta Immigration Attorney Today 

For a consultation to discuss your immigration needs and case, please call Shirazi Immigration Law, Inc. at 404-523-3611. One of our Atlanta, GA, immigration lawyers is here for you and ready to help.

Source:

uscis.gov/i-130