Consular Processing

Basics of consular processing (with a waiver of unlawful presence)

Required Forms:

  • Step 2: (if immigrant needs a waiver of unlawful presence);

Required initial evidence:

  • Step 1 – Petition (I-130 and I-130A):
    • Proof of petitioner’s United States citizenship or residence;
      • United States birth or naturalization certificate;
      • Front and back of permanent resident card;
    • Immigrant’s relationship to petitioner:
      • Child/Parent: Birth and marriage certificates;
      • Spouse: Proof of valid marriage;
        • Birth certificates of children;
        • Cohabitation and financial commingling;
  • Step 2 – Waiver (I-601A) (skip if immigrant not in the United States):
        • Proof of relationship to QUALIFYING RELATIVE;
          • Spouse or parent only (NOT CHILDREN);
          • Birth or marriage certificate;
          • Proof of citizenship or residence (birth cert/green card);
        • Proof of Extreme Hardship to QR:
          • Emotionally, physically, or financially;
          • In the event of either separation or relocation from QR;
          • Highly recommended therapist for psych evaluation:
            • Caren Ex: See information in this section;
  • Step 3 – Visa application (DS-260) and Affidavit of Support (I-864):
            • Pay immigrant fees and complete visa application;
              • Pay electronically at ceac.state.gov;
            • Submit supporting vital and financial documents;
              • Birth, marriage, and divorce certificates, passport, etc.;
              • Petitioner’s tax returns and proof of employment;
              • Use additional forms and evidence for joint sponsor;
            • PREPARE FOR VISA INTERVIEW (government will send an email with the date about 4-6 weeks in advance);
              • Make a full copy of everything submitted for this step and bring it to interview and medical exam (see sample consular process packet for Mexico);
            • ATTEND VISA INTERVIEW
            • Enter or re-enter the United States as a resident

Highly recommended social worker for waiver evaluations

Forms and Samples

Please use these biographical forms and an example of a successful application to help you properly file your case. Make sure to use the most recent version of the forms by clicking on the Required Forms links above.

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