What is a Consular Process with No Waiver?/ What is the time frame for Consular Processing?

What is a Consular Process with No Waiver?/ What is the time frame for Consular Processing?

What is a Consular Process with No Waiver?

The consular process without a waiver is pretty straightforward. If it’s, again, a family petition, (you file the appropriate family petition form/the immediate relative form), the process takes a certain amount of months by CIS. Once that’s approved, it is then forwarded to the National Visa Center, the NVC. At the NVC, the petitioner and the beneficiary has to complete certain documentation.

One of the important aspects of it is that the petitioner, if he’s applying for a family member, has to show that the family member would not become a public charge. That petitioner has to make a minimum amount, depending on how many family members live with them plus the beneficiary. For example, if it is a single person applying for a wife who’s living abroad, that single person has to make $19,612 per year to be eligible. That’s 125% over the minimum poverty guidelines. That minimum amount increases depending on how many family members live in the home.

Once that’s completed, the NVC then forwards it onto the appropriate Embassy abroad. The beneficiary will have to bring with him or her, if it has not already been done so, character letters from the government. For example, to make sure that there is not any convictions or the person is someone who has not been convicted of any crimes etc. At the interview, the husband cannot attend it and cannot be in the same room.

Generally that is the process. It’s quite complicated and very paper intensive. I highly would recommend all to contact an experienced immigration attorney.

What is the Time frame for a Consular Processing?

  • The time frame for consular processing is – it depends, really.
  • If it’s a case where there’s not any issues, it’s very self-evident that this is about relationship and all the papers are in order.
  • Right now, I’m going to say it takes anywhere between 9 and 12 months, probably closer to 12 months.

The time frame for consular processing really depends. If it’s a case where there are no issues, it’s very self-evident that this is about relationship and all the papers are in order. Right now, I’m going to say it takes anywhere between 9 and 12 months, probably closer to 12 months.

John Sesini is an experienced immigration attorney with offices in Milwaukee and Green Bay Wisconsin. If you have any questions regarding consular process or general immigration, contact an experienced attorney and get an initial consultation.

Read Our Latest Blog Posts

  •  How do I get a 3 & 10-Year Bar Waiver
  •  USCIS Ending Two Categorical Parole Programs
  •  USCIS Releases U Visa Law Enforcement Resource Guide
  •  Final Rule Makes Significant Changes to EB-5 Immigrant Investor Program