Permanent Residence: Everything You Need to Know about the Consular Process
Once you have an approved immigrant petition (I-130) and a visa is available to you, there are two main ways to apply for permanent residence (getting a Green Card). If you are outside the United States, you can apply for an immigrant visa at a U.S. consulate in your home country to be able to enter the United States and be admitted as a permanent resident. This process is called “consular processing.”
On the other hand, if you are already in the United States and are eligible, you can apply for permanent residency without having to return to your country. This process is called “adjustment of status.” Adjustment of status is the process by which a person becomes a permanent resident within the United States without having to leave the country. This process is done with the United States Citizenship and Immigration Services (USCIS).
Instead, if you are not eligible for adjustment of status, you will need to go through consular processing. Consular processing is the process by which a person obtains permanent residency from outside the United States, which involves traveling outside the country and attending an interview with a consular officer to obtain a green card.
Government Entities in Consular Processing Cases: The National Visa Center, U.S. Consulates, and the Department of State.
Several government agencies are involved throughout consular processing, including U.S. Citizenship and Immigration Services (USCIS) and Customs and Border Protection (CBP), which are agencies within the Department of Homeland Security (DHS), and the National Visa Center (NVC), and U.S. consulates in the beneficiary's home country, which are agencies within the Department of State (DOS).
Regardless of where the permanent residency process ends, all cases begin with USCIS, where the visa petition (I-130) is filed. Once USCIS approves the I-130, it sends the case to the NVC or National Visa Center, which is responsible for gathering documentation and information before sending it to a U.S. consulate for the consular interview.
It is also important to note that the Department of State writes its own regulations known as the Foreign Affairs Manual (FAM). The FAM regulates consular processing cases and provides guidance to consular officers on the adjudication of visas. The FAM is published by the Department of State.