Peter B. Li, Attorney at Law

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Consular Processing

Concept
A lawful permanent resident status conferred through the issuance of an immigrant visa by a consular officer at a U.S. Consulate abroad is referred as "consular processing".
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Eligibility

In order to apply for consular processing, an applicant for an immigrant visa must establish entitlement under one of the classifications as defined in the Immigration and Nationality Act. An alien is eligible to receive an immigrant visa if: (1) the alien is the beneficiary of an approved visa petition granting family-based preference classification, or employment-based preference classification; (2) derivative family members, such as spouses, and children of preference aliens also qualify if accompanying or following to join; (3) the alien is entitled to special immigrant status pursuant to INA § 101(a)(27); or (4) the alien qualifies for a visa under special legislation (such as the diversity visa category.

Visa and Passport requirements for Canadian Permanent Residents to enter U.S. as non-immigrants. Click here for details.

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Recent Changes
1/26/2007: Recent legislation has led to changes in the procedures American citizens resident abroad will follow if they wish to sponsor an immediate relative (spouse, parent or minor child) for an immigrant visa. Effective immediately, the immediate relative petition (I-130) must be filed with the USCIS office responsible for the petitioner's place of residence (that is, the place of residence of the American citizen who is filing the petition). Consular offices at U.S. embassies and consulates are no longer authorized to accept I-130s, although they will continue to provide guidance to American citizen petitioners and their family members. Responsibility for acceptance and approval of immigrant visa petitions rests solely with USCIS. American citizens should submit their I-130 at the CIS office responsible for their place of residence.

This procedural change may result in a processing delay for some applicants. The Department of State recognizes and sincerely regrets the inconvenience this may cause.

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