Avocat en traitement consulaire

Consular processing is the legal procedure used by foreign nationals living outside the United States—or those ineligible to adjust status inside the U.S.—to apply for an immigrant visa (Green Card) at a U.S. Embassy or Consulate in their home country. Once the underlying petition (e.g., Form I-130 or I-140) is approved by USCIS, the case moves to the National Visa Center (NVC) for document processing before an in-person visa interview is scheduled.

After USCIS approves your immigrant petition, your case is transferred to the National Visa Center (NVC). During the NVC phase, applicants must complete the following steps to become “documentarily qualified”:

• Pay required immigrant visa application and Affidavit of Support fees.
• Complete and submit Formulaire DS-260 (Online Immigrant Visa Application).
• Upload required civil documents (birth certificates, police certificates, passports) and Form I-864 (Affidavit of Support with financial proof).

Once NVC reviews and approves all documents, your case is placed in queue for an interview at the designated U.S. Embassy or Consulate.

On the day of your interview, you must bring original or certified copies of all documents previously submitted to NVC, including:

• Valid passport (with at least 6 months validity remaining).
• Sealed medical examination results from an authorized panel physician.
• Form DS-260 confirmation page and interview appointment letter.
• Original civil documents (marriage certificates, birth certificates, police clearance records).

Financial support documentation (Form I-864, W-2s, tax transcripts).

A refusal under INA Section 221(g) means the consular officer could not issue your visa at the time of the interview because your case requires additional evidence, updated documentation, or background checks (Administrative Processing). A 221(g) is not a permanent denial. Our office helps clients quickly gather and submit the exact supplemental documentation required by the consulate to resolve 221(g) delays.

Traveling to the U.S. on a tourist visa (B-1/B-2) or ESTA while an immigrant visa petition is pending is risky. Custom and Border Protection (CBP) officers may suspect immigrant intent and deny entry at the port of entry. If you must travel, you must carry strong proof of non-immigrant intent, demonstrating binding ties to your home country (such as employment, property, or ongoing studies).

If approved, the consular officer keeps your passport to stamp the Immigrant Visa. You will receive your passport with the visa stamp within 1 to 3 weeks. Upon entering the U.S. with your immigrant visa and paying the USCIS Immigrant Fee online, your physical Green Card will be mailed to your U.S. address within 30 to 90 days.

If a consular officer determines you are inadmissible due to prior unlawful presence, immigration violations, or misrepresentation, your visa will be denied under the specific grounds of inadmissibility. However, the officer may inform you if you are eligible to file an Immigration Waiver (Form I-601 or I-212) to overcome the inadmissibility bar.

Navigating U.S. Embassies and NVC submission rules can be frustrating due to strict document formatting, long processing delays, and strict consular discretion. At Transparent Justice Law Firm, P.C., Attorney Tina Genovese-Muñoz ensures every civil document, affidavit of support, and DS-260 submission is error-free, preparing applicants for interview questions to prevent 221(g) delays or visa refusals.