Could I Go through the Consular Processing for My Immigration Visa Application

Question:

My brother applied the US immigration for me long time ago, and now the immigrant visa number for me. I am now in US for a business visa, could I go through the consular processing for my immigration visa application?

Answer:

An Green Card applicant has two primary paths to U.S. permanent resident status (a Green Card). An applicant with an approved immigrant petition and an immigrant visa number immediately available may apply at a U.S. Department of State consulate abroad for an immigrant visa. This pathway is referred to as “consular processing.”

The adjustment of status is an alternate process by which an eligible person, who is already in the United States, can apply for permanent resident status without having to return to their home country to complete processing. The steps for consular processing include:

1) Determine your basis to immigrate: The first step in consular processing is to determine if you fit into a specific immigrant category. Most immigrants become eligible for a green card through a petition filed on your behalf by a family member. Others become permanent residents through first obtaining refugee or asylum status, or through a number of other special provisions.

2. File the Immigrant Petition and Immigrant Visa Application: When you know what category you believe best fits your situation, in most cases, you will need to have an immigrant petition filed on your behalf, such as Form I-130 petition for family based immigration. After the I-130 approval, you can apply at a U.S. Department of State consulate abroad for an immigrant visa, when an immigrant visa number immediately available for your immigration category.