Consular Processing for Green Cards in Atlanta

If you want to live in the United States, you can apply for a green card, granting you permanent resident status. There are two application routes: consular processing and adjustment of status. Consular processing is for those applying outside the U.S. who must go through the U.S. embassy or a consulate in their home country. Meanwhile, you can ask for an adjustment of status if you already live here.

The government divides consular processing into the CR-1 and IR-1 visa processes for married couples and the CR-2 and IR-2 visa processes for children of U.S. citizens. When you wish to sponsor a spouse or child through consular processing for green cards in Atlanta, one of our experienced attorneys could guide you.

CR-1 and IR-1 Visas

As part of the consular processing, you can apply for a green card outside the U.S. with your Atlanta citizen or permanent-resident spouse as your sponsor.

The CR-1 visa applies to couples married for less than two years from the date the green card approval is received. This conditional green card is only good for two years, but if you can satisfy the conditions that accompany this visa 90 days before it expires, you will be eligible for a green card that expires in 10 years.

The IR-1 visa applies to couples married more than two years after the green card is approved. A 10-year green card is issued, so there are no conditions to satisfy, like a CR-1.

CR-2 and IR-2 Visas

The CR-2 visa is for unmarried children under 21 whose parents have recently married. The applicant is the biological, adopted, or stepchild of the parent-sponsor who must be a U.S. citizen or permanent resident. The applicant will receive the conditional permanent resident card, allowing them to live in the U.S.

The IR-2 visa is issued to unmarried children of U.S. citizens or permanent resident parents. The child must be under the legal custody of the parent for at least two years, and if the child is adopted, it must be finalized before the child turns 16. An Atlanta lawyer could help determine whether a parent can sponsor a spouse or child living overseas through consular processing for green cards.

The Process for Consular Processing

Once an Atlanta immigration attorney ensures an overseas spouse or child is eligible for consular processing to get a green card, they will assist the sponsor in filing a petition with the U.S. Citizenship and Immigration Services (USCIS). If a spouse is immigrating to America, a petition could include Form I-130, a Petition for Alien Relative. This form alerts U.S. immigration officials of your intention.

After the USCIS approves the U.S. sponsor’s petition, a green card in that category must be available to proceed. The U.S. Department of State provides a list of how many applications can be processed. When a visa is available, your petition is sent to the National Visa Center (NVC), which handles green card petitions for those applying from foreign countries.

Form DS-260 and a filing fee are then submitted. The NVC sends the application to the consulate or U.S. embassy nearest to where the foreign spouse or child lives, where an interview will be scheduled.

The Interview

Someone will interview the foreign spouse or child to ensure they meet the immigration criteria for green cards in consular processing in Atlanta. Documentation concerning the marriage is required, and applicants must undergo a medical exam by a USCIS doctor. A person receives a visa after a successful interview. The relative can then travel to the U.S., where a border official receives embassy files, verifies the information, and issues a new visa for up to 12 months. The USCIS mails the green card to the U.S. address on file.

Consult an Atlanta Attorney About Consular Processing for Green Cards

Although a U.S. citizen or permanent resident must sponsor and file a petition for a spouse or child to immigrate, your loved one must participate in their home country by attending an interview at a U.S. embassy or consulate. Failing to do so could delay the process and lead to a denial of a visa and subsequent green card.

Depending on how busy the USCIS is, the wait for a visa can be long and stressful. Interacting with a U.S. government agency and coordinating an overseas effort can be confusing. Let us help. Our immigration attorneys understand what you must do, and we could guide you during the consular processing for green cards in Atlanta.