top of page

What is the difference between consular processing and adjustment of status?

The Immigration Law Blog


Adjustment of status, consular processing, change of status, extension of status.


Consular processing

Consular processing and adjustment of status are two different ways that a foreign national can apply for a green card, or permanent residence, in the United States.

Consular processing refers to the process of applying for a green card through a U.S. embassy or consulate in the foreign national's home country. This process is used when the foreign national is outside of the United States or is ineligible to adjust status within the United States.


To apply for a green card through consular processing, the foreign national must be eligible for a green card under one of the immigrant categories established by U.S. immigration law. The foreign national must then complete the appropriate visa application forms and gather the required documents, such as a passport, birth certificate, and police clearance certificate. The application and supporting documents are then submitted to the U.S. embassy or consulate in the foreign national's home country, where the foreign national will be required to attend an interview. If the application is approved, the foreign national will receive an immigrant visa package, which allows them to enter the United States and receive a green card.


Adjustment of status

Adjustment of status refers to the process of applying for a green card within the United States. This process is used when the foreign national is already in the United States and is eligible to apply for a green card from within the country. While the application is pending, the applicant is elegible to apply for an employment permit and a travel permit which permits the applicant to work in the U.S.A, obtain a social security number, and a driver's license while the Green Card Application is being processed by USCIS.

It is important to note that an improperly filed adjustment of status application can render the foreign applicant inadmissible to enter or reside in the USA for 5 years, 10 years, or the applicant can be banned for life from entering the USA. It is important to consult with a licensed attorney before applying for adjustment of status.


To apply for a green card through adjustment of status, the foreign national must first be eligible for a green card under one of the immigrant categories established by U.S. immigration law. They must also be physically present in the United States. The foreign national must then complete the appropriate application forms and gather the required documents, such as a passport, and birth certificate.

The application and supporting documents are then submitted to U.S. Citizenship and Immigration Services (USCIS), along with the required fees. If the application is approved, the foreign national will be granted a green card and will be able to live and work in the United States permanently.



Overall, the main difference between consular processing and adjustment of status is the location of the foreign national when the application is made. Consular processing is used when the foreign national is outside of the United States, while adjustment of status is used when the foreign national is already in the United States.


Do you have questions?

Ortiz Law has several years of experience helping foreign entrepreneurs, investors, and multinational companies enter the US market. Attorney Henry Ortiz is licensed to represent clients with immigration matters in any city within the USA or abroad. Represent clients with the US Department of State (DOS), at US Consulate offices abroad, at Federal Courts, and in front of the US Department of Homeland Security (DHS).

US Department of Homeland Security (DHS) subdivisions include: The United States Citizenship and Immigration Services (USCIS), Immigrations and Customs Enforcement (ICE), US Customs and Border Patrol (CBP), and the Federal Courts Under the Executive Office of Immigration Review (EOIR).




10 views0 comments

Comments


Commenting has been turned off.
bottom of page