Adjustment of Status/Consular Processing
Adjustment of status is the process by which a person can become a Lawful Permanent Resident of the United States through the U.S. Citizenship and Immigration Service (USCIS) without leaving the United States. Consular Processing is the equivalent process when it is done through the Department of State at a consulate or embassy. Consular Processing can be done by persons who are inside or outside the United States.
Some aliens are not eligible for Adjustment of Status due to the existence of a “bar” to immigration arising from a previous immigration violation, such as a visa overstay. These aliens will generally have to go through Consular Processing.
Some people elect Consular Processing because it can be a faster than Adjustment of Status. Depending on the family situation, an alien relative may remain in the United States until it is time for their medical examination and consular interview abroad. In some cases though, the separation or financial difficulties could make Adjustment of Status a better option. Other people select Adjustment of Status because they anticipate complications, and there are greater appeal rights under Adjustment of Status than under Consular Processing.The decision of which process to use depends on a number of factors that vary from case to case. It is important to explore the particular facts involved in each case before deciding which avenue to permanent residence is most advisable.
The links to the left will provide you with more information about specific areas of the immigration process. We invite you to navigate them, and to contact us for a free initial consultation about your case.