Consular Processing
What does "Consular Processing" mean in law?
Consular processing is the procedure by which a foreign national applies for an immigrant visa at a U.S. embassy or consulate abroad, as an alternative to adjustment of status within the United States. After an approved immigrant petition (such as Form I-130 or I-140), the case is transferred to the National Visa Center (NVC), which coordinates document collection before scheduling an interview with a consular officer. The consular officer exercises authority under the doctrine of consular nonreviewability, meaning that visa denials by consular officers are generally not subject to judicial review, though courts have recognized narrow exceptions where a constitutional right of a U.S. citizen is implicated. Upon visa issuance and entry into the United States, the applicant is admitted as a lawful permanent resident.
Definition
Consular processing is the procedure by which a foreign national applies for an immigrant visa at a U.S. embassy or consulate abroad, as an alternative to adjustment of status within the United States. After an approved immigrant petition (such as Form I-130 or I-140), the case is transferred to the National Visa Center (NVC), which coordinates document collection before scheduling an interview with a consular officer. The consular officer exercises authority under the doctrine of consular nonreviewability, meaning that visa denials by consular officers are generally not subject to judicial review, though courts have recognized narrow exceptions where a constitutional right of a U.S. citizen is implicated. Upon visa issuance and entry into the United States, the applicant is admitted as a lawful permanent resident.
Example
After a U.S. citizen files an I-130 family petition for her spouse in Mexico, the case is routed to the U.S. consulate in Ciudad Juarez for consular processing, where the spouse attends an interview and receives an immigrant visa.