When deciding between adjustment of status vs. consular processing, the right choice will depend on whether you are able to seek lawful permanent residency in the U.S. from within the country or from your country of origin.
For help determining which method of changing your immigrant status is right for you, consult the experienced Chicago immigration attorneys at Cho Immigration Law by calling 312-853-3088.
Understanding Adjustment of Status and Consular Processing
As of one recent year, there were a total of 12.7 million immigrants with lawful permanent resident (LPR) status in the U.S., which they received either through adjustment of status or consular processing. While both can help achieve similar results, it’s important to understand how these immigration process options work to make the right choice for your situation.
Adjustment of Status
One way immigrants can become LPRs is by applying for adjustment of status, which is an option for individuals who are currently in the country and wish to gain permanent residency to live and work in the U.S. In many cases, this is a great option for immigrants who are already in the country on a visa and wish to extend their stay in the country, opening up the path to U.S. citizenship.
Another advantage of applying for adjustment of status is the ability to travel and work with proper authorization while awaiting the U.S. government to process your application.
To qualify for adjustment of status, you must:
- Be physically located in the U.S.
- Have gained legal entry into the country at a valid port of entry
- Be eligible for a green card under one of U.S. Citizenship and Immigration Services’ (USCIS) listed categories, such as family-based, employment-based, or humanitarian-based permanent resident cards
- Not have convictions for serious crimes, dangerous communicable diseases, or other grounds for inadmissibility
Consular Processing
An alternative to adjustment of status is consular processing, which enables immigrants to apply for green cards while abroad in most cases. It could also work for individuals who don’t qualify for adjustment of status while still in the U.S.
In either case, the green card applicant would need to visit a U.S. Department of State consulate in his or her country of origin, where he or she would attend an interview to confirm whether the person is qualified to receive a green card.
To qualify for consular processing, you must either be outside the U.S. or otherwise be ineligible for adjustment of status. Your sponsor will also need to have submitted either Form I-130 (Petition for Alien Relative) or Form I-140 (Immigrant Petition for Alien Workers), and the consulate may require you to submit supporting documentation to prove eligibility, such as fingerprints and other biometric data, along with certificates and medical records.
Key Differences Between Adjustment of Status vs. Consular Processing
As mentioned, both adjustment of status and consular processing generally aim to achieve the same goal: to gain LPR status for the applicant. However, they are considerably different in their approach.
Location of the Applicant
The main difference between the two typically depends on the applicant’s location at the time of applying for LPR status. If you go through adjustment of status, you must be present in the U.S., while you will need to travel to your home country, if you are not already abroad, if you want to apply via consular processing. This fundamental difference can greatly impact your case, as you may struggle to gain employment in the U.S., experience certain travel limitations, and need to adjust your schedule to accommodate consular processing.
Flexibility in the Event of a Denial
Another advantage of adjustment of status over consular processing is the ability to appeal a denial. There are reasons immigration applications are denied, but you may be able to reverse the decision in some cases, or you could explore alternative pathways to residency and employment in the U.S. if you are currently in the country. Meanwhile, individuals seeking LPR status through consular processing normally don’t benefit from this ability, as they may be unable to appeal the decision, and they won’t share the same rights as immigrants located in the U.S.
Ability to Gain Employment
People in the U.S. who apply for adjustment of status may be able to continue living and working in the U.S. if they receive an Employment Authorization Document (EAD), while advance parole would enable the individual to travel while awaiting the processing of his or her application. Individuals going through consular processing will not typically be able to do so, restricting their ability to work until they receive their green card.
Cost
Adjustment of status may be more convenient overall than consular processing, but it comes with higher costs in most cases. The fees for adjustment of status are often higher, often due to the need to apply for advance parole and employment authorization documents.
On the other hand, consular processing might be a costlier option in some cases, especially if the applicant needs to pay for travel to his or her home country. Also, the work restrictions that come with consular processing might also make adjustment of status the better route, as applicants may be able to continue earning a steady income while waiting for processing to complete.
Processing Times
One last big difference to consider is the time it takes to process either application. Because of its higher popularity among LPR applicants, adjustment of status has a bigger backlog, which means that processing times are often longer than what you would see with consular processing.
Although potentially more inconvenient due to travel restrictions and travel-related costs, consular processing could make the LPR application process considerably faster, especially if you are applying in a country with low demand for green cards.
When to Consult an Immigration Lawyer for Your Case
If you’re considering either adjustment of status or consular processing to obtain a green card, the process can be complex and difficult to navigate, especially if you are on your own and unfamiliar with how either process works.
Experienced immigration legal services attorneys can meet with you to discuss your needs and determine which process is right for you. You might qualify for adjustment of status if you currently live and work in the U.S., or you might need to go through your home country’s consulate, especially if you are currently in that country.
The right lawyer could help identify the right path, prepare all necessary documentation, facilitate the process and expedite it as much as possible, and possibly appeal a denial if USCIS rejects your application.
In addition to helping you apply for adjustment of status or consular processing, you might wonder: What types of immigration cases do lawyers handle?
If needed, your attorney could identify alternative pathways to live and work in the country, either temporarily or permanently. He or she may also be able to help you sponsor a family member if you wish to obtain a visa for your loved ones, or you may benefit from defense if you face removal or deportation.
To find out what the legal team at Cho Immigration Law can do for you, contact us today to speak with one of our skilled attorneys in Chicago.
