Getting a green card is a crucial step in becoming a permanent resident of the United States. There are two main ways to do this: consular processing and adjustment of status. Knowing the differences between these two options can help you understand which might be right for your situation.
What is consular processing?
Consular processing is a way people outside the U.S. can get their green card. It happens at a U.S. embassy or consulate in your home country. Here’s a step-by-step look at how it works:
- First, a U.S. citizen or green card holder files a petition for you
- Once that’s approved, you apply for an immigrant visa at the U.S. embassy in your country
- You’ll submit your requirements and pay fees
- Then, you’ll have an interview with a consular officer who decides on your case
- If approved, you get an immigrant visa to enter the U.S. and become a permanent resident
Consular processing is often quicker than adjusting status in the U.S., especially if you’re an immediate relative of a U.S. citizen, like a spouse, parent or child under 21. However, if you are already staying in the U.S., you may have to travel to your home country for the interview. You also cannot enter the U.S. while you wait for a decision.
What is an adjustment of status?
Adjustment of status is the process of applying for a green card while staying in the United States. Its main advantage is that you don’t have to leave your life in the U.S. You can stay with your family, keep your job and continue your daily routine while the U.S. Citizenship and Immigration Services (USCIS) processes your application.
However, take note that not everyone qualifies for adjustment of status. You need to meet specific requirements, like being in the U.S. legally and having an eligible visa status. Moreover, while your application is pending, you might need special permission to travel outside the U.S. Without it, leaving could mean giving up your application. You might also need to apply for a work permit if your current visa doesn’t allow you to work.
Ensure you’re on the right path
With so much at stake, it’s crucial to have all the information you need. An attorney can provide insights specific to your situation.