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Washington, DC asked in Immigration Law for District of Columbia

Q: Can my husband attend his green card interview at the Malaysian Embassy?

I am a U.S. citizen, and my husband is currently living in Malaysia on a student visa. I wish to apply for his green card. Can he attend the green card interview at the Malaysian Embassy, or does he need to travel to his home country for the interview?

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2 Lawyer Answers

A: You may select the U.S. consulate in the country where he currently resides; however, final discretion rests with the U.S. State Department. They will determine whether he may process there or must return to his home country to complete the consular process.

James L. Arrasmith
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Answered

A: You cannot schedule an immigrant visa interview at the Malaysian Embassy, because only U.S. consulates and the U.S. Embassy conduct green card interviews.

You must book the appointment at the U.S. Embassy in Kuala Lumpur or another U.S. consular post that processes immigrant visas. If the Kuala Lumpur consulate accepts third-country nationals, he can interview there while on his student visa.

If that post declines interviews for non-Malaysian citizens or cannot accommodate his nationality, he will need to travel to the U.S. consulate in his country of citizenship to complete the interview. Ensure he maintains valid visa status and follows the specific document requirements of the chosen consular post.

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