Consideration of documents at the consulate for a Green Card is a procedure available to all prospective immigrants whose petition for permanent residence has been approved. This procedure allows them to apply for an immigrant visa at the US consulate in their home country.
Benefits of reviewing documents at the consulate
The processing time of documents for obtaining an immigrant visa at the consulate is usually much shorter than the status adaptation process. Unlike adaptation of status, consideration of documents for obtaining an immigrant visa at the consulate rarely takes more than 4-6 months from the date of approval of the petition.
You may be subject to travel restrictions outside of the United States after you have applied for status adaptation.
Requirements for the examination of documents at the consulate
The right to review documents at the consulate
To be eligible for an immigrant visa through the examination of documents at the consulate, you must provide evidence that:
You meet all the requirements for immigrants in the United States.
You have received the approval of the petition.
You are planning to engage in activities that fit your immigration category.
The priority day of your immigration petition is the current time.
Lack of the right to review documents at the consulate
A consular officer may refuse an immigration visa on the following grounds:
1. Reasons related to health
You may be denied an immigrant visa if:
You are sick with an infectious disease, and this disease can seriously harm the health of society.
You do not meet the vaccination requirements.
You have a physical or mental disorder and may pose a threat to the property, safety, or well-being of others.
You are a drug addict.
You are an alcoholic and may pose a threat to the property, safety, or well-being of others.
2. Grounds related to crime
You may be denied an immigrant visa if:
You have committed a crime that is distinguished by its immorality or related to drugs.
You have several criminal convictions, and the offenses are not only of a political nature, while the total sentence is 5 years or more.
You have been convicted of drug trafficking, or are the spouse, son, or daughter of a foreign national who was an illegal drug dealer or an aide, accomplice, conspirator, or partner in the illegal trade in any illegal drug.
You have been a prostitute, or are traveling to the United States for the purpose of prostitution.
You directly or indirectly supply or import prostitutes or persons for the purpose of prostitution.
You are following in the US for the exploitation of vice.
3. Security
You may be denied an immigrant visa if:
You plan to enter the United States solely, on principle, or by accident in order to violate the United States espionage and sabotage law.
You plan to enter the United States solely, on principle or by accident, in order to violate or evade a law prohibiting the export of goods, technology, or classified information from the United States.
You plan to enter the United States solely, on principle, or by accident to carry out activities aimed at opposing, controlling, or overthrowing the United States government.
4. Persons in state maintenance
You may be denied an immigrant visa if, when applying, the consular officer decides that you are most likely to be supported by the government in the United States.
5. Illegal visitors and violators of immigration laws
You may be denied an immigrant visa if:
You arrived in the United States at a place or time that is not specified by the United States Citizenship and Immigration Service.
You were unable or refused to attend the referral proceedings.
You are trying to gain (or have achieved) immigration advantages by deception or misrepresentation.
You have mistakenly claimed your rights to US citizenship.
You are a stowaway passenger.
You were a foreign smuggler.
You are subject to orders to forge documents.
You have abused your student visa.
6. Requirements for documents
You may be denied an immigrant visa if:
You are a permanent resident returning to the United States and do not have valid travel authorization documents at the time you apply for travel authorization.
You are a permanent resident returning to the United States and do not have valid travel documents at the time you apply for an entry permit.
You are an immigrant and your immigrant visa was opened without meeting the provisions of the Immigration and Citizenship Act 203 (Allocation of Immigrant Visas).
7. Lack of the right to citizenship
You may be denied an immigrant visa if:
You are not eligible for US citizenship.
You left the United States or stayed outside the United States during the war to avoid conscription if the war was declared by the President as a state of emergency
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8. Foreign citizens who have been deported and Foreign citizens who are illegally staying in the country
You may be denied an immigrant visa if:
You were deported from the United States.
You have been illegally in the United States for more than 180 days, but less than a year (banned from entering the United States for 3 years).
You have been illegally in the United States for over a year (banned from entering the United States for 10 years).
9. Miscellaneous
You may be denied an immigrant visa if:
You are traveling to the United States for the purpose of polygamy.
You are the bodyguard of a foreign citizen who is not eligible to enter the United States.
You are an international child abductor, advocate or relative of an international child abductor.
You are a former US citizen who renounced citizenship to avoid taxation.
10. Requirement of a two-year stay at home on a J-1 visa
You may be denied an immigrant visa if:
You participated in the J-1 program in the United States and received funding from a US government agency or the state of your home country or country of residence
You have not lived in your home country for at least 2 years after leaving the U.S. Note: Some former J-2 exchange participants must live overseas for 2 years. Doctors who intend to begin medical practice must pass a qualification exam prior to receiving an immigrant visa.
Application for consideration of documents at the consulate for an immigrant visa
Consideration of documents at the consulate for obtaining an immigrant visa is the last stage of obtaining US citizenship. When the U.S. Citizenship and Immigration Service approves the immigration petition, it will send the petitioner a Notice of Approval, Form I-797. Also, the US Citizenship and Immigration Service will redirect the approved petition to the national visa center, which will notify the prospective immigrant when an immigration visa number will be available.
Once an immigration visa number is available, you will be able to apply at the US Consulate in your area of residence. Your application must include:
US Department of State Form DS-230, Immigrant Visa Application and Alien Registration Form.
US Citizenship and Immigration Services Form I-864, Affidavit of Support (to be completed by sponsor). This requirement may not apply to you if you are applying for an immigrant visa based on a job petition.
A copy of the US Citizenship and Immigration Services Form I-94, Arrival and Departure Document, issued upon arrival in the United States.
A copy of the U.S. Citizenship and Immigration Service’s Notice of Approval, if your immigration petition has been approved.
A copy of the US Citizenship and Immigration Service Form I-130, or the US Citizenship and Immigration Service Form I-140, whichever form you filed.
Proof that the place of your last permanent residence is the country in which you applied for an immigrant visa.
Documents containing information about employment for the last 10 years.
Police certificates from all countries in which you have lived after 16 years.
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