Understanding Adjustment of Status and Consular Processing Options.

When seeking a green card, there are two main paths: adjustment of status and consular processing.

• Adjustment of Status: This option is for beneficiaries already in the United States.

• Consular Processing: This option is for beneficiaries living outside the United States.

  
  

It's important to understand that an approved Form I-130 (Petition for Alien Relative) is not the same as having a green card. The approval of Form I-130 simply allows the beneficiary to proceed with the green card application process, either through adjustment of status or consular processing. However, the approval of Form I-130 does not guarantee that the adjustment of status or consular processing will be approved. A beneficiary only receives a green card once this final step is completed and approved.

Adjustment of Status

Beneficiaries already in the United States can request an adjustment of status by filing Form I-485, known as the "Application to Register Permanent Residence or Adjust Status." To be eligible for this, the beneficiary must have entered the United States lawfully, meaning they were inspected and admitted by an immigration officer. In some cases, particularly in preference categories, the beneficiary must also maintain lawful nonimmigrant status. Immediate relatives of U.S. citizens can file Form I-485 concurrently with Form I-130, without waiting for Form I-130 to be approved.

The form can be submitted online or mailed to the designated USCIS office, with filing fees. The filing fee will vary depending on one’s age, ranging from $950 to $1,440. The processing time for Form I-485 can vary depending on the USCIS office and other factors.

Consular Processing

For beneficiaries living outside the United States, consular processing is required. After receiving a notice of approval for Form I-130, a priority date will be listed. This date indicates when the next step can commence and is handled by the National Visa Center (NVC), which is part of the U.S. Department of State. There are required fees that need to be paid before documents can be uploaded and qualified by the NVC. After which, an interview will be scheduled with the U.S. embassy or consulate in the beneficiary's country. During this interview, a consular officer will assess the beneficiary's eligibility for the visa. It is recommended to consult with an immigration attorney to prepare for the interview and gather any necessary documentation.

Immediate Relatives and Priority Dates

The process differs slightly for those applying for Immediate Relative immigrant visas. There is no limit on the number of green cards granted to the immediate relatives of U.S. citizens. Therefore, immediate relatives living in the United States can file Form I-485 concurrently with Form I-130, which can expedite the process but does not guarantee approval. On the other hand, immediate relatives living abroad must wait for Form I-130 approval, before their case is transferred to NVC and eventually, an interview is scheduled at their local consulate or embassy. Other family preference categories must wait until their Form I-130 is approved and their priority date has passed before filing Form I-485 or starting consular processing. The waiting time for some of the other family preference categories can vary greatly depending on the nature of the family relationship and the country of origin, with some cases taking several years.

Conclusion

An experienced attorney can determine what process is right for you and your loved ones. The process can be complicated and simple errors could delay the application further. To ensure a seamless process or address any of your further concerns, schedule a consultation with us today. Let us guide your immigration journey.