Frequently Asked Questions - Consular Processing

An alternative to obtaining the last step in the green card through the consulates outside USA. This is an alternative to adjustment of status.

Consular Processing

The Immigration and Nationality Act (INA) offers an individual two primary paths to permanent resident status (a green card). An individual who is the beneficiary of an approved immigrant petition and has an immigrant visa number immediately available may apply at a U.S. Department of State consulate abroad for an immigrant visa in order to come to the United States and be admitted as a permanent resident.

Direct Consular Filing of I-130's
Green Card through Consular Processing with Approved I-140

Answer 1. As long as the job offer exists and the employer is capable of paying the wages, the green card process can go on, even though you are not in USA. You should discuss this matter in detail with your lawyers to better understand the implications. Also, I-140's do not expire.

Answer 2. PD can be ported even if the 140 is revoked by employer. I have a video on this issue