Adjusting Status vs. Consular Processing: Which Is Right for Your Family-Based Immigration Case?
When you are helping a family member immigrate to the United States, there are important decisions to make. One of the most important choices is how your relative will receive their green card. In family-based immigration cases, two main options exist: adjusting status or consular processing. Each of these pathways comes with its own set of rules and timelines. It is essential to understand the differences between the two to make the right choice for your family. The Scheer Immigration Law Group provides comprehensive guidance and support to families navigating the complexities of family-based immigration, ensuring a smooth and efficient process.
What Is Adjusting Status?
Adjusting status is a process used by people who are already in the United States. If a person is physically present in the U.S. and wants to become a permanent resident, adjusting status is an option. This process allows the individual to change their immigration status from their current visa or lawful status to that of a permanent resident, without leaving the country.
To adjust status, an immigrant must meet certain conditions. The most important requirement is that the person must have entered the U.S. lawfully. This means they must have entered the country with a visa or another form of permission. Additionally, they must have an immediate family member who is a U.S. citizen or lawful permanent resident and is willing to sponsor them for a green card.
The adjustment of status process involves filling out several forms, attending an interview, and completing a medical exam. Once the adjustment is approved, the immigrant will receive their green card and become a lawful permanent resident.
What Is Consular Processing?
Consular processing is the method used when the immigrant is living outside the United States. In this case, the family member abroad applies for their green card through a U.S. embassy or consulate in their home country. Instead of adjusting status while in the U.S., they go through consular processing to get their green card.
This process typically begins with the U.S. citizen or lawful permanent resident family member submitting a petition on behalf of their relative. Once the petition is approved, the immigrant will be scheduled for an interview at the U.S. consulate or embassy in their country. During the interview, they will be asked questions about their relationship with their sponsor and other aspects of their case. After a successful interview, the immigrant will receive their visa and can travel to the U.S. as a lawful permanent resident.
Consular processing is often chosen by immigrants who are not yet in the U.S. or who may not qualify for adjustment of status due to their circumstances. It allows them to enter the U.S. with a green card already in hand.
Attorney Susan W. Scheer attended Douglass College at Rutgers University and received her B.A. in 1974. She attended Georgetown University to get her M.A.T. in 1977 and went on to receive her J.D. from Georgetown as well in 1982. Susan is admitted to practice in New Jersey and before the United States Supreme Court.
Susan speaks Spanish, French, Hebrew, and Portuguese.
The Timeline for Each Process
One important factor to consider when deciding between adjusting status and consular processing is the timeline. The time it takes to complete each process can vary, and this may influence your decision.
Adjusting status usually takes less time if the immigrant is already in the United States. Since they do not need to leave the country, the process may move more quickly. However, the timeline can still be several months, depending on the applicant’s location and the current workload of the U.S. Citizenship and Immigration Services (USCIS). In some cases, it may take over a year to complete the adjustment of status.
Consular processing, on the other hand, may take longer. This is because the petition must be approved by USCIS before being sent to the National Visa Center and then to the U.S. consulate or embassy. Depending on the country, scheduling an interview can also be a lengthy process. Many families find that consular processing takes a year or more to complete. However, once the visa is issued, the immigrant can enter the U.S. and receive their green card shortly after arriving.
Who Is Eligible for Adjustment of Status?
Not everyone can adjust their status while in the United States. To be eligible, an immigrant must meet specific requirements. As mentioned earlier, they must have entered the U.S. lawfully. This means that people who crossed the border without proper documentation or overstayed their visa may not be eligible to adjust their status.
In addition to lawful entry, the immigrant must also be sponsored by an immediate relative who is either a U.S. citizen or a lawful permanent resident. Immediate relatives include spouses, children, and parents of U.S. citizens. For lawful permanent residents, only spouses and children are eligible to be sponsored.
Another important requirement is that the immigrant must not have committed certain crimes or immigration violations. If the person has a history of criminal activity, their case may be more complicated, and they may need to go through consular processing instead.
Who Should Use Consular Processing?
Consular processing is the preferred option for immigrants who are not in the U.S. or who cannot adjust their status for various reasons. If an immigrant is living abroad and has not entered the U.S. with a visa or other legal permission, consular processing is the only option available.
People who have violated U.S. immigration laws, such as overstaying a visa or entering the country without inspection, may also need to use consular processing. In some cases, applying for a waiver can help these individuals still qualify for a green card. The waiver process can be complex, and it is often necessary to seek legal help to navigate it.
Comparing the Benefits of Each Process
There are different benefits to each process, depending on the immigrant’s situation. For people already in the U.S., adjusting status is often a convenient option. They do not need to leave the country or face the uncertainty of consular interviews abroad. This process also allows some immigrants to receive work permits or travel documents while their green card application is pending.
Consular processing can also offer advantages. For those living outside the U.S., it allows them to start fresh when they enter the country as lawful permanent residents. In some cases, consular processing may be faster, especially for applicants in countries with shorter wait times for visa interviews.
Each process has its challenges as well. Adjustment of status can be delayed if the immigrant has complicated legal issues. On the other hand, consular processing may require extra steps, such as medical exams and security checks, which can lengthen the process.
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Working While an Adjustment Application is Pending
How to Choose Between Adjusting Status and Consular Processing
Choosing the right path for your family’s immigration case depends on several factors. First, consider where the immigrant is currently living. If they are already in the U.S. and entered legally, adjusting status may be the best choice. It can be a smoother process for those already present in the country, and it avoids the need for international travel.
If the immigrant is abroad, consular processing is the most straightforward option. They can apply for their visa and attend their interview without needing to enter the U.S. first. This process may take longer, but it ensures that the immigrant arrives in the U.S. with lawful status and a green card.
In cases where the immigrant has violated immigration laws, consular processing is often required. If you are unsure whether your family member qualifies for adjustment of status, it is a good idea to seek legal guidance to make the best decision.
Family-based immigration is a powerful way to bring loved ones to the United States, but the process can be complex. Deciding between adjusting status and consular processing is just one of the many steps involved in obtaining a green card. It is important to carefully consider the circumstances of your family member before making this decision. While adjusting status is a good option for immigrants already in the U.S., consular processing offers a viable path for those living abroad.
If you have questions or need assistance with your family-based immigration case, The Scheer Immigration Law Group can help. Our team is here to guide you through the process, ensuring that you and your family are well-prepared for every step. Contact us today to learn more about how we can assist with your immigration needs.