Immigrant Visa vs. Adjustment of Status

Dreaming of a green card but confused about the process? Don't worry, you're not alone! There are actually two main ways to get a green card: immigrant visas and adjustment of status. Let's break down the key differences between these two paths to permanent residency in the U.S.

The Immigrant Visa Route:

Imagine this: you're outside the U.S. and want to move here. An immigrant visa is your ticket to entry. Here's how it works:

  • Sponsored by Family or Employer: First, you'll need a qualifying family member or employer to file a petition on your behalf. This petition basically says you're eligible for a green card based on your relationship or job skills.

  • Medical Check, Interview, and Background Checks: Once the petition is approved, you'll need a medical exam, attend an interview at a U.S. embassy or consulate abroad, and go through background checks.

  • Visa Approved! Now You Can Travel: If everything goes well, you'll get your immigrant visa. This allows you to travel to the U.S. and become a lawful permanent resident upon arrival. A temporary green card proof will be stamped in your passport until you receive the physical green card in the mail.

Adjustment of Status: Green Card for Those Already in the U.S.

Maybe you're already in the U.S. legally and want to stay permanently. This is where adjustment of status comes in:

  • No Need to Leave! Unlike immigrant visas, you don't have to travel abroad. You can apply for adjustment of status while you're already here, as long as you meet certain requirements.

  • Form I-485 and Supporting Documents: The process involves filing Form I-485 with USCIS, along with any necessary documents and fees.

  • Biometrics and Interview: You might also need to attend fingerprint appointments and an interview with USCIS.

  • Green Card in the Mail! If approved, you'll receive your green card by mail, officially becoming a lawful permanent resident.

So, What's the Difference?

Here's a quick breakdown of the key differences:

  • Location: Immigrant visas are obtained abroad, while adjustment of status happens within the U.S.

  • Travel: You can usually stay in the U.S. while applying for adjustment of status, but immigrant visas require travel after approval.

  • Process: The specific requirements might differ slightly, but both lead to permanent residency.

Choosing the Right Path:

The best path for you depends on your situation. If you're outside the U.S., you'll likely need an immigrant visa. But if you're already here legally, adjustment of status might be an option. Remember, talking to an immigration attorney can help you determine the best course of action for your green card journey.