1. What is the difference between Adjustment of Status and Consular Processing?

Adjustment of status refers to the process of applying for permanent residence in the United States from within the country. The application is usually submitted to USCIS and involves a number of steps, including an interview.

Consular processing refers to the process of applying for permanent residence in the United States from outside the country. The application is submitted to the U.S. consulate or embassy in the applicant’s home country and involves a number of steps, including an interview.

2. What is the processing time for Adjustment of Status vs. Consular Processing?

Adjustment of Status: The processing time for an Adjustment of Status can vary depending on the State and local USCIS office. Generally, it can take 3 to 5 months from the time of filing to receive a decision on an Adjustment of Status application.

Consular Processing: The processing time for Consular Processing usually takes between 8 and 12 months from the time the petition is approved by USCIS until the visa is issued.

3. What are the eligibility requirements for Adjustment of Status and Consular Processing?

Adjustment of Status:

• In order to apply for Adjustment of Status, the applicant must be already physically present in the United States and be eligible for a visa number at the time of filing.

• The applicant should also have an approved immigrant petition and must not have violated the terms of their nonimmigrant status.

• The applicant should not be inadmissible to the United States.

• The applicant must have an available visa number.

Consular Processing:

• The applicant must have an approved immigrant petition and must not have violated the terms of their nonimmigrant status.

• The applicant should not be inadmissible to the United States.

• The applicant must have an available visa number in order to be eligible for consular processing.

• The applicant should not have an outstanding order of deportation or removal from the United States.

4. Are there any benefits to filing for Adjustment of Status instead of Consular Processing?

Yes, there are several benefits to filing for Adjustment of Status instead of Consular Processing. First, the adjustment of status process can be completed without leaving the U.S., while consular processing requires the applicant to travel abroad for an interview. Second, adjustment of status processing times are generally shorter than consular processing times. Third, applicants who have overstayed their visa may be eligible for adjustment of status, while they would be ineligible for consular processing. Finally, adjustment of status can be used to obtain work authorization prior to visa approval.

5. What documents and information should be provided when applying for Adjustment of Status or Consular Processing?

When applying for Adjustment of Status or Consular Processing, applicants should provide the following documents and information:

1. A completed I-485 form (for Adjustment of Status) or DS-260 form (for Consular Processing).

2. A copy of a valid passport.

3. Evidence of lawful entry into the United States, such as a copy of a visa or entry stamp in the passport.

4. Documentation to prove the applicant’s nonimmigrant status at the time of filing, such as copies of Form I-797, Approval Notices, or other evidence verifying status.

5. Evidence that all prior immigration violations have been resolved, if applicable.

6. Evidence that all criminal convictions have been resolved, if applicable.

7. Employment records, such as pay stubs or W-2 forms, if applicable.

8. Birth certificates for the applicant and any dependents who are accompanying them in the application process.

9. Two passport-style photographs that are less than 30 days old for each applicant and dependent who is accompanying them in the application process.

10. Documentation to demonstrate any required family or employment relationships to prove eligibility for permanent residency status.

6. Are there any risks associated with filing for Adjustment of Status instead of Consular Processing?

Yes, there are risks associated with filing for Adjustment of Status instead of Consular Processing. One risk is that if the application is denied, the applicant may be placed in removal proceedings and be subject to deportation. Additionally, there is a greater risk of fraud if the applicant does not follow the proper procedures for Adjustment of Status, as the paperwork must be reviewed by a USCIS officer. Finally, if the applicant is outside of the United States during their application process, they may be denied re-entry if their application has not yet been approved.

7. How will an individual’s inadmissibility affect their ability to use Adjustment of Status vs. Consular Processing?

Adjustment of Status is a process whereby a foreign national in the United States can apply to USCIS to change their status to become a lawful permanent resident without having to return to their home country to complete the process. Consular Processing, on the other hand, requires the foreign national to travel abroad to their home country and apply for an immigrant visa through a U.S. Consulate or Embassy.

Inadmissibility will impact an individual’s ability to use either Adjustment of Status or Consular Processing. If an individual is inadmissible, they are not eligible for Adjustment of Status and must go through Consular Processing. In addition, they may be required to obtain a waiver of inadmissibility before they can be approved for an immigrant visa.

8. What is the fee associated with Adjustment of Status and Consular Processing?

Adjustment of Status has a filing fee of $1,225 for the I-485 application. Consular Processing has a filing fee of $325 for the I-130 application, as well as visa processing fees that vary depending on the applicant’s nationality. Additionally, some applicants may need to pay a medical exam fee and/or an affidavit of support fee.

9. Can an applicant apply for both Adjustment of Status and Consular Processing at the same time?

No, an applicant can only apply for one or the other, not both.

10. How long will an applicant have to wait for a decision on their Adjustment of Status or Consular Processing application?

The time frame for a decision on an Adjustment of Status or Consular Processing application varies depending on a number of factors, including the type of application, the complexity of the case, and the backlog of applications at a particular processing center or consulate. Generally, an applicant can expect to wait anywhere from 6 months to several years for a decision.

11. What is the role of an immigration attorney in the Adjustment of Status and Consular Processing process?

Immigration attorneys play a critical role in the Adjustment of Status and Consular Processing process. They are knowledgeable in the application process and can provide advice and assist with filing paperwork. They can also represent their clients in court and help them prepare for their interviews. They act as advocates for their clients and ensure that all their legal rights are protected throughout the entire process.

12. Does an applicant have to attend an in-person interview for either Adjustment of Status or Consular Processing?

No, an applicant does not have to attend an in-person interview for either Adjustment of Status or Consular Processing. However, an in-person interview may be required in certain cases. The U.S. Citizenship and Immigration Services (USCIS) or the U.S. Department of State (DOS) will determine if an applicant must attend an in-person interview as part of the application process.

13. Does an applicant have to travel outside the U.S. for either Adjustment of Status or Consular Processing?

It depends on the individual situation. Adjustment of Status generally requires the applicant to remain in the U.S. during the application process. However, if the applicant has an immediate relative who is a U.S. citizen, they may be eligible to apply for a K-3 visa to travel outside the U.S. while the Adjustment of Status application is pending.

Consular Processing usually requires the applicant to travel outside the U.S. to complete the application process at a U.S. Embassy or Consulate in their home country or a third-country of their choice.

14. Is an adjustment of status application more likely to succeed than a consular processing application?

No, the success of adjustment of status or consular processing applications depends on the individual immigration situation. The requirements for each type of application must be met and can vary based on many factors.

15. Are there any special considerations when applying for Adjustment of Status as opposed to Consular Processing?

Yes, there are several special considerations when applying for Adjustment of Status as opposed to Consular Processing. These considerations include the impact of any unlawful presence in the United States, travel restrictions, eligibility criteria, and the availability of a visa number. Additionally, applicants who are applying for Adjustment of Status will need to provide proof of lawful entry into the United States, whereas applicants who are applying for Consular Processing will need to provide proof of eligibility for a visa at a U.S. Embassy or consulate abroad.

16. Are there any special considerations when applying for a family-based green card through either Adjustment of Status or Consular Processing?

Yes, there are special considerations when applying for a family-based green card through either Adjustment of Status or Consular Processing. Some of these include:

1. Proof of Relationship: The applicant must be able to provide proof of the relationship between them and the petitioner. This can include a birth or marriage certificate, or other type of legal documentation.

2. Financial Support: The petitioner must have enough financial resources to support the applicant if approved for a family-based green card.

3. Eligibility: The applicant must meet all eligibility requirements for a green card, such as having no criminal record or health issues that would keep them from receiving a green card.

4. Interviews: During the application process, both the petitioner and applicant may be required to attend an interview with an immigration officer to further evaluate the application and relationship between the two parties.

17. Can an applicant work while their application for Adjustment of Status or Consular Processing is pending?

Yes. If an applicant is applying for Adjustment of Status and they have an approved Employment Authorization Document (EAD), they may work while their application is pending. If applying through Consular Processing, the applicant will need to apply for a work permit from their home country’s embassy or consulate.

18. Do applicants receive a green card immediately upon approval for either Adjustment of Status or Consular Processing?

No, applicants do not receive a green card immediately upon approval for either Adjustment of Status or Consular Processing. Generally, it takes approximately 2-6 weeks for an Adjustment of Status applicant to receive their green card. For Consular Processing applicants, they will receive their green card at the time of their visa interview.

19. Can an applicant leave the U.S. after filing for Adjustment of Status or Consular Processing?

No. Generally, it is not recommended to leave the United States while a visa application is being processed. Doing so may result in a denied application. If the applicant must travel internationally, they should consult with a qualified immigration attorney before doing so.

20. How can an applicant track the progress of their application for Adjustment of Status or Consular Processing?

The applicant can contact the USCIS or the National Visa Center, depending on the application type and the country of origin. The applicant can also use the USCIS Case Status Online tool.