Green Card Consular Processing & Waivers

Serving Immigrants in Santa Ana & All Around the World

What is consular processing? Consular processing is the method that a person uses to apply for a U.S. visa from abroad. Whether you are applying for a nonimmigrant visa (which grants a temporary stay) or an immigrant visa (which results in a green card), you will need to apply through the appropriate U.S. Consulate or Embassy.

This is different from the adjustment of status process, which is when a person applies for permanent residence (a green card) from within the United States. For example, individuals who obtain asylum in the U.S. become eligible to adjust their status after one year. Individuals who obtain dual intent nonimmigrant visas (e.g. H-1B, O-1, L-1, K-1, etc.) can also apply to adjust their status. Unlike consular processing, adjustment of status does not require the prospective green card holder to apply for a visa from abroad.

Generally, individuals must go through consular processing (rather than adjustment of status) in one of two instances:

1. When they are entering the U.S. for the first time; or
2. When they are unlawfully present in the U.S. and, therefore, ineligible for adjustment of status.

In the second scenario, individuals must also obtain a waiver.

What is a Waiver in Immigration?

A waiver is an official document granted by an immigration agency that waives (forgives) a certain inadmissibility or ineligibility factor. In this case, the inadmissibility factor would be the individual’s unlawful presence in the U.S., and they would need an unlawful presence waiver along with a new visa to reenter the United States. Other waivers may forgive factors like past crimes, deportation, misrepresentation, fraud, and more.

Waivers cannot forgive all ineligibility factors. Here are just a few factors that may make you ineligible for a waiver and, therefore, a visa or green card:

• History of drug abuse
• Involvement in drug trafficking, human trafficking, or other serious crimes
• Violations of religious freedoms as a government official
• Affiliation with a terrorist organization
• False claim to U.S. citizenship
• Frivolous/baseless asylum application

To learn whether you need (or qualify for) a waiver, bring your case to U.S. Immigration Law Group, LLP. With decades of experience, we can conduct an efficient, thorough assessment of your situation and develop a fully personalized legal strategy.