Adjustment of Status vs. Consular Processing: Which Immigration Path Is Right for You?
When seeking a U.S. green card, one of the first and most significant decisions an applicant must make is how they will apply for their green card. For most immigrants, there are two options: adjustment of status and consular processing. While both options have the same end goal of attaining lawful permanent residence, they also have significant differences. Knowing these differences is key to avoiding application problems and stress.
What is adjustment of status?
Adjustment of status enables an eligible applicant to apply for a green card within the United States. This process is usually available to anyone who entered the country legally and is physically present in the U.S. at the time of filing.
Perhaps the biggest advantage of applying for adjustment of status is that applicants can apply to be present in the U.S. while their case is pending. In addition to that, they can apply to be granted work authorization and advance parole, which enables them to travel outside the U.S. while their case is pending.
However, not all applicants qualify to apply for adjustment of status. In addition to other immigration violations, overstaying their visas and working illegally in the U.S. will affect their eligibility to apply for adjustment of status, unless they fall under any exceptions to those violations.
What is consular processing?
The alternative to adjustment of status is consular processing. Consular processing is available to individuals who are not in the U.S. or who are not eligible to adjust their status. In this case, the application for a green card occurs at a U.S. embassy or consulate in the person’s native county.
The consular process can be more expeditious once it starts. However, it also carries some risks. For example, it requires the person to attend an in-person interview in their home country. Moreover, they cannot re-enter the U.S. as permanent residents until their visa is approved. There is also the possibility that unlawful presence bars can prevent them from re-entering the country if they leave to process their application.
The consular process also gives people fewer options. If difficulties are encountered during the interview, it can be delayed or denied.
Key differences to consider
The right path will depend on various factors. These include:
- Current location (inside or outside the U.S.)
- Immigration history, lawful entry, and prior immigration violations
- Urgency, such as the need to work or stay with family
- Risk tolerance, such as travel and re-entry problems
What may seem to be a simple decision can have very serious implications if not properly analyzed.
Choosing the best option
Because of the unique process and risks of adjustment of status and consular processing, it is very important to assess your individual circumstances before making a decision. If the wrong choice is made, it could mean additional time and even ineligibility to enter the United States again.
Seeking the advice of an immigration lawyer will ensure that the right decision is made and the proper documentation is prepared to facilitate the process and move forward with the application in the right manner.
Talk to a Miami, FL, Immigration Lawyer Today
Law Office of Wilfredo O. Allen, Esq. represents the interests of immigrants seeking to come to the United States. Call our Miami immigration lawyers today and we can begin the process right away.