Consular Processing

What It Means

Consular processing is the alternative to Adjustment of Status for immigrants not physically present in the U.S., and it is administered by the Department of State's Bureau of Consular Affairs rather than by USCIS. After USCIS approves an immigrant petition (I-130 for family, I-140 for employment, I-730 for following-to-join asylees and refugees, or I-360 for special immigrants), the approved petition is forwarded to the National Visa Center (NVC) in Portsmouth, New Hampshire. NVC collects fees (typically $325 DS-260 application fee plus $120 I-864 affidavit of support processing fee for most family cases), documentary evidence (civil documents, police certificates from every country of residence since age 16, medical examination by a panel physician, and the Form I-864 affidavit of support with supporting tax returns), and schedules the visa interview once the priority date is current. The applicant completes Form DS-260 online. At the interview, typically at the U.S. embassy or consulate in the applicant's home country, a consular officer reviews admissibility under INA section 212 and either issues the immigrant visa or refuses it under INA section 221(g) (administrative processing) or section 214(b)/212(a) (substantive refusal). Upon visa issuance, the applicant has 6 months to enter the U.S., and CBP admission at the port of entry converts the visa into LPR status. Consular decisions are subject to the doctrine of consular nonreviewability, meaning they are largely insulated from judicial review, though the Supreme Court's 2024 Department of State v. Muñoz decision and prior cases preserve narrow exceptions for constitutionally protected interests.

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