Change of Status – Where Does the Beneficiary Need to Be?

Andres had a viewer who asked if their spouse who is a US Citizen, could apply for them to obtain their green card, while they both live in the US. Andres explains when you can stay in the US or when you must stay outside the United States, also known as consular processing.

Transcript:

Andres Mejer   Because I don’t have legal entry. I have to do what’s called the consular process. Now just last week we had a question from Tariq Tareck, who asked if his wife is a U.S. citizen he lives outside the U.S. Can she apply for him? The answer is yes. Specifically because of the scenario that I’m talking about here. If his wife’s a U.S. citizen and he lives outside the United States. Well now obviously we’re not talking about a change of status in the U.S. We’re talking about a change of status in a U.S. consulate. So in that scenario, he files to document the relation first once that’s approved the file goes National Visa Center from the National Visa Center it goes to the embassy you selected. Typically it’s a country where you were born and have a passport. But think about it if it’s Venezuela or if there’s no U.S. embassy in your country it has to be a close one that you can get to. 

Andres Mejer   So once that happens file gets over there you are going to be given an interview date at that, before that interview you’re going to have to see a doctor to make sure you’re not inadmissible to the United States because of a medical disease and you’re going to have to get a criminal background to make sure that you’re not a violent offender that doesn’t deserve entry into the United States as immigration sees it. At that interview. If you’re approved they’re going to ask you questions based on your petition. It’s either going to be a simple process or it’s going to be terribly cumbersome if you’re in North Africa, I would say Africa or the Middle East, you’re going to have a hard time period. It’s hard everywhere nowadays. Point is once at the interview if you’re approved you’re going to get a stamp on your passport. That’s it. That’s that says you are a Green Cardholder. You then will be able to legally enter the United States pay a hundred eighty-four dollars and they will ship you your Green Card.