Status vs. Consular Processing in your Green Card

Obtaining a green card, granting lawful permanent residency in the US, involves two main processes: Adjustment of Status and Consular Processing. Understanding the key differences between them helps you choose the most suitable path.

Location:

• Adjustment of Status: Occurs within the US.

• Consular Processing: Occurs outside the US at a US consulate or embassy.

Eligibility:

• Adjustment of Status: Available to individuals already in the US who meet specific criteria, like immediate family members of US citizens, certain employment-based applicants, refugees, and asylees.

• Consular Processing: Typically used by individuals living abroad or those ineligible for adjustment of status. Commonly utilized by family-sponsored immigrants, employment-based immigrants, and diversity visa lottery winners.

Process:

• Adjustment of Status:

  • File Form I-485 with USCIS.

  • Potentially file for an EAD and travel document (Advance Parole) concurrently.

  • Interview with USCIS within the US.

• Consular Processing:

  • After USCIS approves the petition (e.g., Form I-130 or Form I-140), the case goes to the National Visa Center (NVC).

  • NVC coordinates with the US consulate/embassy and schedules an interview abroad.

  • Visa approval allows travel to the US and admission as a permanent resident.

  • Interview typically takes place at the US consulate/embassy abroad.

Choosing the Right Path:

• Adjustment of Status: Ideal for individuals legally present in the US and meet eligibility criteria.

• Consular Processing: For those residing outside the US or ineligible for adjustment of status.

Remember: The optimal path depends on your specific situation, eligibility, and preferences. Consulting an immigration expert on us immigration consultants to be helped with your paperwirk in all the process.