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All non-immigrant visa stamps placed into a passport must be done by appointment at a United States consulate. This process is mandatory even if there was an initial application approved by the stateside immigration service.
Individuals who are located in the United States and wish to become a permanent resident have the option to obtain status as a Permanent Resident at a United States consulate through a process known as consular processing. This process is also available for those people who are seeking to become a permanent resident while located outside of the United States.
Consular processing is the process of applying to become a permanent resident at a United States consulate abroad. This process is available to all individuals who are eligible to become permanent residents. The advantages, and disadvantages, to consular processing are as follows:
1) The average time it takes for an individual to go through the consular processing process is, on average, shorter then the amount of time it would take to pursue adjustment of status in the United States. However, as each application is handled by a different consulate or service centre there is no guarantee that consular processing will be the quickest route to achieve status as a permanent resident.
2) Consular processing enables people with valid non-immigrant visa to enter and leave the United States during this process without filing additional applications.
3) There is an inherent risk in consular processing as an individual could be stranded outside of the United States if a problem should arise.
4) Individuals who pursue consular processing are not eligible for employment authorization unless they are previously authorized in conjunction with the terms of a non-immigrant visa.
5) Attorney representation is not clearly authorized as part of this process and is in the discretion of the consular officer and subject to the rules of the individual consulate.
It can be a difficult and often times frustrating process for an individual to process for a visa at a United States Embassy. Attorney intervention may be necessary in order to complete or expedite the process.
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