Consular Processing at the U.S. Embassy or Consulate

Date of Information: 11/21/2025

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This page explains what happens after the National Visa Center (NVC) finishes its work and your immigrant visa case is transferred to a U.S. embassy or consulate overseas. At this stage, consular officers decide whether to issue, temporarily refuse, or finally refuse an immigrant visa under the Immigration and Nationality Act (INA) and the Department of State’s immigrant visa regulations in 22 C.F.R. pt. 42. See INA § 221(a)(1)(A), 8 U.S.C. § 1201(a)(1)(A) (2018); 22 C.F.R. pt. 42 (2024).

USCIS and NVC no longer control the outcome. The consular section does.

What This Page Covers

This guide focuses on:

  • How cases move from NVC to the consulate;

  • Pre-interview steps, including medical exams and document preparation;

  • What actually happens at the interview;

  • How consular officers apply the grounds of inadmissibility in INA § 212, 8 U.S.C. § 1182 (2018);

  • Temporary refusals and “administrative processing” under INA § 221(g), 8 U.S.C. § 1201(g) (2018), and 22 C.F.R. § 42.81 (2024);

  • Final refusals based on inadmissibility;

  • The doctrine of consular nonreviewability under cases such as Kleindienst v. Mandel, 408 U.S. 753 (1972), and Saavedra Bruno v. Albright, 197 F.3d 1153 (D.C. Cir. 1999); and

  • Practical strategies to reduce—not eliminate—risk

Role of the U.S. Embassy or Consulate

Once a case is marked documentarily qualified at the NVC and an interview is scheduled, the embassy or consulate becomes the primary decision-maker. Under INA § 221(a)(1)(A), consular officers are authorized to issue immigrant visas, but they must refuse a visa if the applicant has failed to establish eligibility or is inadmissible under any ground in INA § 212. See INA §§ 212, 221(g), 8 U.S.C. §§ 1182, 1201(g) (2018); 22 C.F.R. §§ 42.71, 42.81 (2024).

In practical terms, consular officers at post:

How the Case Gets from NVC to the Consulate

After USCIS approves the immigrant petition under INA § 204, 8 U.S.C. § 1154 (2018), and a visa number is available under INA §§ 201–203, 8 U.S.C. §§ 1151–1153 (2018), NVC collects fees and documents and then transfers the case electronically to the consular post. The consulate receives the petition file, the DS-260 immigrant visa application, civil documents, police certificates, and financial sponsorship evidence pursuant to 22 C.F.R. §§ 42.61–42.68 (2024).

The post then issues an appointment notice and local instructions. Those local instructions, based on 9 Foreign Affairs Manual (FAM) 504 (U.S. Dep’t of State), often require:

  • Registration with a designated courier or document delivery service;

  • Creation of an account on a local visa information platform;

  • Country-specific police certificates or court records beyond what NVC collects under 22 C.F.R. § 42.65 (2024); and

  • Photographs that meet both general visa requirements and local specifications

Ignoring post-specific instructions is a reliable way to walk into the interview unprepared, even if the NVC file was technically complete.

Medical Examination and Vaccinations

Most immigrant visa applicants must undergo a medical examination with a panel physician designated by the embassy or consulate. This is not optional and must comply with health-related grounds of inadmissibility in INA § 212(a)(1), 8 U.S.C. § 1182(a)(1) (2018), and corresponding U.S. Centers for Disease Control and Prevention technical instructions implemented through Department of State guidance in 9 FAM 302.2.

The panel physician will:

  • Review medical history and vaccination records;

  • Conduct a physical exam;

  • Screen for communicable diseases of public health significance;

  • Evaluate certain physical or mental disorders and substance-use issues that may trigger inadmissibility under INA § 212(a)(1); and

  • Update vaccinations to bring the applicant into compliance with statutory requirements

You must follow the consulate’s instructions on scheduling the exam and choosing a physician from the approved panel list. Results are either transmitted electronically to the consulate or given to the applicant in a sealed envelope; the applicant should not open that envelope.

If the medical exam reveals a condition that falls within INA § 212(a)(1), the case may be delayed, may require additional documentation or may result in a medical-based inadmissibility finding unless a statutory exception or waiver applies.

Pre-Interview Document Review and Self-Audit

Before the interview, a serious self-audit is non-negotiable. The regulations require that the visa application be made on the proper form and supported by specified civil documents, and that translations be certified as complete and accurate. See 22 C.F.R. §§ 42.61–42.66 (2024); 8 C.F.R. § 103.2(b)(3) (2024).

At a minimum, an applicant should:

  • Verify that all civil documents—birth certificates, marriage certificates, divorce decrees, adoption records, police certificates, court records, and military records—are consistent with one another and with the underlying petition;

  • Confirm that all foreign-language documents have full, certified translations that comply with 8 C.F.R. § 103.2(b)(3);

  • Re-read the DS-260 carefully, paying special attention to:

  • Confirm that the current affidavit of support and financial evidence are accurate and reflect the sponsor’s present income, household size, and domicile, consistent with INA § 212(a)(4) and relevant regulations, see also Charles International Law’s Guide to Inadmissibility Due to Public Charge Grounds.

If there are discrepancies between the petition, the DS-260, and the documents, it is far better to identify them and develop a coherent explanation in advance than to let the consular officer discover them without context.

Pre-Interview Preparation Checklist

Every immigrant visa applicant should assemble a complete set of originals and supporting evidence before appearing at the consulate, consistent with the documentation rules in 22 C.F.R. §§ 42.61–42.66.

Required original civil documents:

  • Passport valid for at least six months beyond the intended date of entry, as required by 22 C.F.R. § 42.64 (2024);

  • Full, unabridged birth certificate;

  • Marriage certificate(s);

  • Divorce decrees or other proof of termination of all prior marriages;

  • Adoption records, where applicable;

  • Police certificates from all required jurisdictions, as defined in 22 C.F.R. § 42.65;

  • Court and prison records for any arrests, charges, or convictions;

  • Military records, where applicable;

  • National identification cards, if issued by the country of nationality; and

  • Legal documentation of any name changes

Mandatory supporting documents:

  • Two to four visa-compliant photographs;

  • Interview appointment letter and any local registration confirmations;

  • DS-260 confirmation page;

  • Medical exam results (if not transmitted directly to the consulate)

  • Tax documentation for the petitioner and any joint sponsor, consistent with affidavit-of-support requirements: IRS tax transcripts, W-2s and 1099s, proof of current employment and income; and

  • Evidence of U.S. domicile for the petitioner: leases or mortgages, pay records, utility bills, voter registration, or other proof of residence in the United States

Relationship evidence (family-based cases):

  • Photos together over time;

  • Travel itineraries, boarding passes, and passport stamps;

  • Joint leases, mortgages, and utility bills;

  • Joint bank accounts, insurance policies, and tax filings; and

  • Communication history—messages, call logs, emails demonstrating an ongoing relationship

Employment evidence (employment-based cases):

  • Original job offer letter;

  • Corporate registration or other proof of the employer’s business operations;

  • Degrees, licenses, transcripts, and professional certifications;

  • Updated résumé or curriculum vitae;

  • Detailed job description consistent with the petition; and

  • Evidence that the employer can pay the proffered wage

Security- and immigration-related disclosures:

  • Records of all prior visas and entries, including I-94 history where applicable;

  • Copies of prior petitions filed for or by the applicant;

  • Documentation of prior refusals, including any INA § 221(g) refusal sheets;

  • Documentation of past immigration violations, removal orders, or voluntary departures under INA §§ 212(a)(6), (9) and 237, 8 U.S.C. §§ 1182(a)(6), (9), 1227 (2018); and

  • Certified court records for all criminal incidents, even where charges were dismissed, expunged, or handled in juvenile proceedings, because consular officers must independently assess criminal grounds of inadmissibility under INA § 212(a)(2).

Preparatory actions:

  • Compare the petition, DS-260, and all supporting documents to ensure they tell one consistent story;

  • Rehearse clear, accurate answers to predictable questions, without inventing new facts or minimizing prior problems;

  • Review all past interactions with U.S. immigration authorities, including border inspections, visa interviews, and USCIS filings;

  • Schedule and complete the medical exam early enough that results are ready before the interview;

  • Register with any required courier or visa information system identified in local embassy instructions; and

  • Confirm the consulate’s security rules about electronics and personal items; many posts prohibit phones and laptops entirely

Removal proceedings are litigation—and like any litigation, outcomes depend heavily on your evidence and your grasp of what the government may bring to the table. At Charles International Law, we’ve seen strong cases fall apart when DHS produced a surprise document unknown to the client or prior counsel. One unrevealed record can derail an entire asylum claim.

This isn’t just a caution to clients—it’s a critical reminder to attorneys. Clients can forget, exaggerate, or mislead. Your job is to verify, not assume. Effective advocacy demands strategic skepticism.

What makes immigration law unique—and daunting—is its near-total lack of formal discovery rules. Yet the liberty stakes are comparable to criminal law, where robust protections like Brady, the Jencks Act, and Giglio ensure the accused isn’t blindsided. Criminal prosecutors routinely practice near open-file discovery. In contrast, immigration litigants face the prospect of strategic ambush.

That’s why sharp investigative instincts aren’t just helpful—they’re indispensable. In this practice, being a discovery tactician is what separates the truly exceptional immigration attorney from the merely competent.

What To Expect on Interview Day

Consular interviews follow a structure anchored in the application and interview requirements of 22 C.F.R. §§ 42.61–42.67. While procedures vary by post, the typical sequence is:

  1. Security Screening. You pass through a security checkpoint and may be required to leave phones and other electronics outside the building.

  2. Intake and Document Check. Local staff confirm your identity and appointment, collect originals of civil documents as required by 22 C.F.R. § 42.66, and capture biometric data such as fingerprints.

  3. Oath and Interview. The consular officer places you under oath and conducts the interview, which functions as the formal examination of your visa application under INA § 222(a), 8 U.S.C. § 1202(a) (2018), and 22 C.F.R. § 42.62.

Family-based cases typically involve questions about:

  • How and when the relationship began;

  • Living arrangements, visits, and daily communications;

  • Prior marriages and children; and

  • Plans for living together in the United States

Employment-based cases typically involve questions about:

  • The job offer and daily duties;

  • The worksite and the employer’s identity;

  • The applicant’s qualifications and experience; and

  • Past immigration status and employment in the United States

In every category, the officer will probe:

  • Prior entries, overstays, or unlawful presence that may trigger INA § 212(a)(9);

  • Prior visa refusals or removal orders;

  • Criminal history and any conduct potentially implicating INA § 212(a)(2); and

  • Security-related concerns under INA § 212(a)(3)

How Consular Officers Think About the Case

Legally, consular officers must determine whether the applicant is eligible for an immigrant visa under the INA and its implementing regulations and whether the applicant is inadmissible under any ground in INA § 212. See INA §§ 212, 221(g); 8 U.S.C. §§ 1182, 1201(g); 22 C.F.R. §§ 42.71, 42.81. The burden of proof rests on the applicant.

Practically, officers think in terms of risk, credibility, and consistency. They look for:

  • Internal inconsistencies in the applicant’s testimony;

  • Discrepancies between the applicant’s statements, the petition, and the documents;

  • Indicators of fraud or willful misrepresentation, which can trigger INA § 212(a)(6)(C), 8 U.S.C. § 1182(a)(6)(C);

  • Weak or questionable financial sponsorship that may raise public-charge concerns under INA § 212(a)(4); and

  • Security flags, including certain travel histories, occupations, or affiliations that may implicate INA § 212(a)(3).

If the case is straightforward and the documentation is strong, the interview may be brief. If there are concerns, the officer may extend the interview, request additional documents under § 221(g), or refuse the visa outright.

Temporary Refusals and § 221(g)

INA § 221(g) requires consular officers to refuse visas when they lack sufficient information to determine eligibility or when required administrative processing is incomplete. See INA § 221(g), 8 U.S.C. § 1201(g); 22 C.F.R. § 42.81.

A § 221(g) refusal typically occurs where:

  • Documents are missing, incomplete, or suspect;

  • Additional police, court, or civil records are needed under 22 C.F.R. § 42.65;

  • There are unresolved questions about the bona fides of a relationship or legitimacy of a job offer; or

  • Security or background checks are pending

The applicant usually receives a written notice explaining what is needed or indicating that the case is in “administrative processing.” The case remains refused under § 221(g) until the officer has sufficient information and is prepared to either issue the visa or enter a final refusal under an applicable ground of inadmissibility.

While mandamus actions in federal court can sometimes compel the government to act on long-delayed cases, they cannot compel a consulate to approve a visa. See Patel v. Reno, 134 F.3d 929, 931–33 (9th Cir. 1997).

Final Refusals Based on Inadmissibility

A final refusal occurs when the officer determines that a specific ground of inadmissibility in INA § 212 applies and no waiver has been approved or is available. See INA § 212; 8 U.S.C. § 1182. Examples include:

Some grounds can be waived through an I-601 or other waiver mechanism; others cannot. But once a final refusal is entered, reversing it is difficult and often impossible.

Consular Nonreviewability: Why You Cannot Meaningfully Appeal

The doctrine of consular nonreviewability sharply limits judicial review of consular visa decisions. In Kleindienst v. Mandel, the Supreme Court held that when the Executive exercises its authority to exclude an alien and offers a “facially legitimate and bona fide reason,” courts will not look behind that decision or balance it against constitutional interests of U.S. persons. 408 U.S. 753, 769–70 (1972).

The D.C. Circuit in Saavedra Bruno v. Albright held that the INA implicitly precludes Administrative Procedure Act review of consular visa denials and reaffirmed that Congress intended visa decisions to be nonreviewable in federal court. 197 F.3d 1153, 1158–60 (D.C. Cir. 1999).

The Ninth Circuit in Bustamante v. Mukasey recognized a limited due process interest of a U.S. citizen spouse but concluded that the government satisfied Mandel by citing an inadmissibility provision related to drug trafficking. 531 F.3d 1059, 1061–63 (9th Cir. 2008).

In Kerry v. Din, a fractured Supreme Court concluded that the government satisfied due process by referencing a terrorism-related inadmissibility ground, even without providing detailed facts. 576 U.S. 86, 93–105 (2015).

Together with Patel and older decisions such as Castañeda-Gonzalez v. INS, 564 F.2d 417, 428–29 (D.C. Cir. 1977), these cases make clear that:

  • There is no meaningful direct appeal of most immigrant visa refusals;

  • Courts will not second-guess a consular officer’s application of INA § 212 if the government can articulate a facially legitimate and bona fide statutory basis; and

  • Litigation is a weak tool for correcting consular errors; the decisive work is done before and at the interview.

Local Practices and Country-Specific Risk

While the INA and 22 C.F.R. pt. 42 govern everywhere, local practice varies substantially across posts, as reflected in periodic updates to 9 FAM 502 and 9 FAM 504. Some posts operate in high-fraud environments and demand more robust evidence of identity, family relationships, or employment. Others are known for lengthy security checks for particular nationalities or professions.

Applicants and counsel should pay attention to:

  • Known document-fraud problems in a given country and the consulate’s heightened evidentiary expectations in response;

  • Country-specific concerns about sham marriages, human trafficking, or visa overstays;

  • Backlogs and local rules for missed or rescheduled interviews; and

  • Whether third-country processing is allowed or disfavored at a particular post

You cannot change your nationality or past travel. But you can anticipate how they will be perceived at a specific post and prepare documentation accordingly.

Common Strategic Questions

Before committing to a consular interview, particularly where the applicant is currently in the United States and would have to depart, counsel should be able to answer:

  • Will departure trigger a three- or ten-year bar under INA § 212(a)(9)(B) or a permanent bar under INA § 212(a)(9)(C)? If so, is there a realistic waiver strategy?

  • Are there any past misstatements, even seemingly minor ones, in prior visa applications, DS-160/DS-260 forms, or entries at the border that might be construed as willful misrepresentation under INA § 212(a)(6)(C)?

  • Have all criminal events—arrests, charges, convictions, expungements—been fully disclosed and documented so that the officer can correctly apply INA § 212(a)(2)?

  • Does the financial sponsor clearly meet income and domicile requirements, or is a qualified joint sponsor necessary?

  • Are the petition, DS-260, and supporting documents internally consistent, or do they contain contradictions that will invite scrutiny?

  • If the case goes into prolonged administrative processing under § 221(g), can the applicant realistically tolerate an extended stay abroad?

Need Help with Consular Processing?

At Charles International Law, we treat the consular interview as the decisive moment in most immigrant visa cases, particularly given the constraints of consular nonreviewability under Mandel and its progeny.

Our work typically includes:

Pre-Interview Risk Assessment

  • Detailed review of immigration history, travel patterns, and prior contacts with U.S. immigration authorities

  • Identification of possible grounds of inadmissibility under INA § 212, with particular attention to unlawful presence, fraud, and criminal grounds; and

  • Assessment of consulate-specific risks based on local practice and country conditions

Record-Building and Document Strategy

  • Aligning the petition, DS-260, and supporting documents to tell a single, coherent story;

  • Strengthening relationship or employment evidence in light of local fraud concerns and 9 FAM guidance;

  • Preparing targeted documentation to address likely points of skepticism or confusion

Interview Preparation

  • Conducting realistic mock interviews tailored to the applicant’s category and risk profile;

  • Training clients to answer questions clearly, directly, and truthfully without volunteering confusing side narratives; and

  • Preparing clients for difficult questioning about past overstays, prior marriages, criminal issues, or prior refusals

Post-Interview Support

  • Managing responses to INA § 221(g) document requests and ensuring that submissions are complete and consistent;

  • Coordinating with panel physicians and local authorities if additional records or clarifications are required; and

  • Developing and pursuing waivers where a ground of inadmissibility is identified and the law allows remedial action

Our objective is straightforward: reduce the number of things that can go wrong on interview day, minimize the risk that a case will be trapped indefinitely in administrative processing, and put the record in the strongest possible posture before the consular officer makes a decision.

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Frequently Asked Questions: Consular Interview Stage

1. What happens after my case leaves the National Visa Center?
Once your case is documentarily complete, the NVC transfers it electronically to the U.S. embassy or consulate assigned to your case. The post schedules your interview when an appointment becomes available and issues location-specific instructions, including medical exam requirements, courier registration, and document expectations.

2. How important is the consular interview?
It is the decisive moment. Consular officers must determine whether you qualify for the visa, whether any ground of inadmissibility applies, and whether your documentation and answers establish credibility. Errors or inconsistencies at this stage carry substantial consequences.

3. What documents do I need to bring to the interview?
You must bring original civil documents (birth certificates, marriage records, police certificates, court records), your passport, your appointment letter, your DS-260 confirmation page, and any additional evidence required by your consulate’s local instructions. Family-based and employment-based applicants should also bring relationship or employment evidence.

4. Do I need to attend a medical exam before the interview?
Yes. Every immigrant visa applicant must undergo a medical examination with a panel physician authorized by the embassy or consulate. Only physicians listed by the post are valid. Results are either sent directly to the consulate or provided in a sealed envelope.

5. What kinds of questions will the consular officer ask?
Questions focus on identity, immigration history, prior entries to the United States, family relationships, employment qualifications, criminal history, and any information relevant to statutory grounds of inadmissibility. Officers also probe internal consistency between your answers, your documents, and your DS-260.

6. What is a “221(g)” refusal?
A § 221(g) refusal is a temporary denial issued when the officer needs more information or when required administrative processing is incomplete. The case remains refused until all issues are resolved. It may require you to submit additional documents or wait for background checks.

7. What is “administrative processing”?
Administrative processing refers to extended security or background checks conducted outside the consulate. These checks are not under the officer’s control and can take weeks, months, or, in some cases, longer. You generally cannot expedite this stage.

8. Can I appeal a consular officer’s decision?
Almost never. Visa refusals are governed by the doctrine of consular nonreviewability. Except for narrow circumstances, federal courts lack the authority to overturn a consular officer’s decision. This is why front-end preparation is so critical.

9. What happens if the officer says I’m inadmissible?
If a specific ground of inadmissibility applies, the visa will be refused. Some grounds can be waived through a Form I-601 or other waiver process; others cannot. The officer will issue a written refusal sheet identifying the statutory section involved.

10. How long after the interview will I get my visa?
If your visa is approved at the window, issuance generally occurs within several days, depending on local processing capacity. If your case is placed in administrative processing or requires additional documents, the timeline will be significantly longer.

11. Can I choose which embassy or consulate interviews me?
Generally no. Your case is assigned based on where you legally reside. Some posts allow limited “third-country processing,” but many do not, and even those that do may apply heightened scrutiny.

12. How can I improve my chances at the interview?
Arrive fully prepared. Bring every required document in original form. Review your DS-260 for accuracy. Ensure your answers are truthful, consistent, and concise. Understand your immigration history, your family circumstances, and any prior issues that might raise questions. Quality preparation is the single most effective way to avoid avoidable refusals.

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