Consular Processing Only Applies to Some Applicants

Published on 09/21/2015

Hello, I’m Vaughan de Kirby. Immigration attorneys throw around terms that many people don’t understand and an example of this is “consular processing” so let’s discuss that so you understand what it is. First, consular processing only applies to you if your going to receive your immigrant visa overseas.

Now this is the way the process works. Number one: once your I-526, that’s the first part of your EB-5 application, is approved, it will be sent automatically to the National Visa Center and the National Visa Center will send a notice to your attorney. Your attorney will then complete the necessary application information for the National Visa Center and they will in turn send your application to the US consulate or embassy in your home country. You will then receive a notice of an appointment and the necessary documents you need to bring to that appointment with the consulate or embassy.

At the consulate or embassy, you will have a relatively brief interview. The real purpose of the interview is just to determine if in fact you are admissible to the United States. However, we like to see our clients properly prepared and that means they should have a basic understanding of their application and be ready to answer questions regarding their application and their investment for the purposes of EB-5. After you have had that interview, you will be approved, and you will receive what is called an immigrant visa.

An immigrant visa is a special visa, which is good for 6 months.  This is a visa like no other. This allows you to come to the United States and enter the United States as an immigrant to the United States. Once you are in the United States, you will let USCIS know of your permanent address in the United States and your green card will actually arrive in the mail.

This is not a scary process it is actually very straightforward process and your investment immigration attorney will walk you through that process. I hope know you understand the term consular processing. Thank you. 

Vaughan de Kirby
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San Francisco California EB-5 Investment Immigration Attorney