Adjustment of Status & Consular Processing

Adjustment of Status

Adjustment of status refers to the process of applying for permanent residency (green card) within the United States. This means that the applicant is currently in the United States and can apply for permanent residency without leaving the country. This process is also known as “consolidating” because it allows the applicant to apply for both their green card and work authorization at the same time.

Eligibility for Adjustment of Status

To be eligible for adjustment of status, the applicant must meet certain criteria. They must have a valid immigration status at the time of the application and must have entered the United States legally. Additionally, the applicant must have a valid petition from a U.S. citizen or lawful permanent resident family member or employer, and must not have any disqualifying criminal or security-related issues.

Consular Processing

Consular processing, on the other hand, refers to the process of applying for a green card through a U.S. consulate or embassy outside of the United States. This means that the applicant is currently outside the United States and must go through the process of obtaining a visa in order to enter the country as a permanent resident.

Eligibility for Consular Processing

The eligibility requirements for consular processing are similar to those for adjustment of status. However, there are some additional requirements that must be met. For example, the applicant must have a valid medical examination and must not have any disqualifying criminal or security-related issues. Additionally, the applicant must have a valid petition from a U.S. citizen or lawful permanent resident family member or employer.

Adjustment of Status: Detailed Examples

Adjustment of status can be a great option for individuals who are already in the United States and want to apply for permanent residency without leaving the country. Some specific examples of individuals who may be eligible for adjustment of status include:

-Spouses of U.S. citizens: If you are married to a U.S. citizen, you may be eligible to apply for permanent residency through adjustment of status. This process allows you to apply for both your green card and work authorization at the same time, making it a convenient option for many immigrants.

-Children of U.S. citizens: If you are a child of a U.S. citizen, you may be eligible to apply for permanent residency through adjustment of status. This process can be especially beneficial for children who are over 21 years of age, as they may be subject to age-out provisions if they apply for permanent residency through consular processing.

-Individuals with a valid employment-based petition: If you have a valid employment-based petition from a U.S. employer, you may be eligible to apply for permanent residency through adjustment of status. This can be a great option for individuals who have been offered a job in the United States and want to apply for permanent residency without leaving the country.

Consular Processing: Detailed Examples

Consular processing is a great option for individuals who are currently outside of the United States and want to apply for a green card through a U.S. consulate or embassy. Some specific examples of individuals who may be eligible for consular processing include:

-Individuals who are outside the United States: If you are currently outside of the United States, you may be eligible to apply for a green card through consular processing. This process can be particularly beneficial for individuals who are not eligible for adjustment of status, such as those who entered the United States illegally or who have been barred from returning to the United States.

-Individuals with a valid family-based petition: If you have a valid family-based petition from a U.S. citizen or lawful permanent resident family member, you may be eligible to apply for a green card through consular processing. This can be a great option for individuals who have family members in the United States who want to sponsor them for permanent residency.

-Individuals with a valid employment-based petition: Similar to adjustment of status, if you have a valid employment-based petition from a U.S. employer, you may be eligible to apply for a green card through consular processing. This option can be beneficial for individuals who are currently working abroad and want to apply for permanent residency in the United States.

Choosing the Right Option for You

Deciding between adjustment of status and consular processing can be a difficult task, and the right option for you will depend on your specific circumstances. Some factors to consider when making this decision include:

-Your current immigration status: If you are currently in the United States and have a valid immigration status, adjustment of status may be the best option for you. However, if you are currently outside the United States or do not have a valid immigration status, consular processing may be a better option.

-Your eligibility: As previously mentioned, there are certain eligibility requirements for both adjustment of status and consular processing. It’s important to consult with an experienced immigration attorney to determine which option is best for you based on your specific circumstances.

-Your personal and professional goals: Adjustment of status allows you to apply for both your green card and work authorization at the same time, which can be beneficial for those who want to start working in the United States as soon as possible. Consular processing, on the other hand, can be a better option for individuals who are currently working abroad and want to apply for permanent residency in the United States.

• Processing time: Adjustment of status tends to have a shorter processing time as it is processed within the United States. Consular processing can take longer as it is processed through a U.S. consulate or embassy outside the United States.

Best Immigration Lawyer in West Covina!

At the Law Firm of Oscar Ischiu, Esq, our attorneys understand that the immigration process can be overwhelming, and we are here to guide you through every step of the way. Whether you choose to apply for permanent residency through adjustment of status or consular processing, our attorneys will work with you to ensure that your application is filed correctly and in a timely manner. Our immigration lawyers are well-versed in the immigration laws and regulations and will provide you with the best legal representation for your immigration case.