The United States (U.S.) immigration system is complicated and understanding the different pathways available for obtaining a visa can be daunting. The most common methods are either through consular processing, which is when a foreign national obtains a visa at a U.S. Embassy or Consulate or an Adjustment of Status (or Change of Status) through the United States Citizenship and Immigration Services (USCIS). While both processes aim to grant individuals the ability to visit, study or work in the U.S., they involve distinct processes and considerations.

Consular Processing:

Consular processing is the procedure used by individuals who are outside the U.S.. To obtain a visa, they typically need to schedule an appointment at the U.S. embassy or consulate in their home country. Here is a sample overview of how the process works for a green card application:

Petition Approval: The process begins with a family member or employer filing a petition (Form I-130 for family-based visas or Form I-140 for employment-based visas) with USCIS. Once USCIS approves the petition, it is forwarded to the National Visa Center (NVC).
NVC Processing: The NVC collects the required fees and documents, such as the Affidavit of Support and civil documents. Once everything is in order, they schedule an interview for the applicant at a U.S. consulate.
Interview: At the consulate, the applicant attends an interview with a consular officer. The officer assesses the application, verifies documents, and determines eligibility for the visa. If approved, the applicant receives a visa to enter the U.S.
Entry to the U.S.: Upon arrival in the United States, the visa holder can enter as a permanent resident or for the intended purpose (like work or study), depending on the visa type.

USCIS Adjustment of Status:

Adjustment of status is a process that allows individuals already in the U.S. to apply for permanent residency without having to leave the country. This method is particularly advantageous for those who qualify but are already present in the U.S. Here is a sample overview of how the process works:

Eligibility: Individuals can often, but not always, apply for an adjustment of status (Form I-485) at the same time their family member or employer file a petition.
Application Submission: Applicants submit their adjustment of status application along with supporting documents, including proof of eligibility and an Affidavit of Support, to USCIS.
Biometrics Appointment: After submission, applicants are usually scheduled for a biometrics appointment, where their fingerprints and photographs are taken for background checks.
Interview: In many cases, applicants are required to attend an interview with a USCIS officer who reviews their application and eligibility for permanent residency.
Approval and Green Card Issuance: If approved, applicants receive their green card in the mail, granting them lawful permanent resident status.

Choosing Between Consular Processing and USCIS

The choice between consular processing and adjustment of status largely depends on your current situation, such as your location, visa status, and eligibility. Here are a few considerations:

Location: If you’re outside the U.S., consular processing is your only option. If you’re already in the U.S., you may be eligible for adjustment of status.
Processing Times: Depending on your specific circumstances and country of origin, one option may be faster than the other.
Legal Advice: Consulting with an experienced immigration attorney can help clarify which pathway aligns best with your needs and circumstances.

Whether you are interested in consular processing or a USCIS adjustment of status, our attorneys can help you understand the different advantages based upon your specific situation. You may schedule a consultation with us here or call 970-680-1223. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at U.S. consulates and embassies around the globe!

**The purpose of this information is for general information only and is not to be considered legal advice. Engagement with this post does not create an attorney/client relationship.

Current as of September 30, 2024

Consular Processing v. USCIS Adjustment of Status