Applying for a Green Card: Consular Processing or Adjustment of Status?

Hi, my name is Dalyla Santos. I’m an immigration attorney. And in this video I will be talking about the differences between consular processing and adjustment of status. Whenever you are applying for a green card, there’s always a two step process. First, you need an immigrant petition. And then once the petition is approved, then you’re going to apply for the green card. That process is either going to be through consular processing, or adjustment of status. If you reside outside of the United States, you’re required to follow the consular processing route, which means you will be applying for your visa at the embassy in your home country.

Some of the advantages of consular processing is, is normally a quicker processing time, assuming your embassies open, it should take about six months approximately. Another advantage is that once you enter the United States, you enjoy all the benefits of a resident so you can work and travel right away. And finally, consular processing is normally less expensive. consular processing, unfortunately has many disadvantages. Number one, you’re not allowed to appeal a denial from a consular interview. Sometimes you can reapply. Also, you’re not allowed to have an attorney present with you to advocate for you. And if for some reason, during the interview, you’re requested to submit a follow up documentation. Sometimes it can be very difficult even if you have an attorney. So let’s talk about just myths that it is the process of changing your status to a lawful permanent resident. Assuming you enter the US legally or you’re here legally. It’s very similar to a to the immigrant petition, you will file an I 485 for and an interview will be scheduled. So not everyone qualifies to apply for Adjustment of Status with their initial immigrant petition. But if you do qualify, then you’re also allowed to to apply for your work permit and a travel document which allows you to travel while your petition is, is pending. Another advantage of adjustment of status is that you are allowed to have your attorney present during the interview with you. There are some important disadvantages to Adjustment of Status specially if you cannot file it together with your initial immigrant petition. Another disadvantage can include longer processing times and it can be more expensive. Choosing between adjustment of status or consular processing can be difficult. It is not as simple as filling out a form. Let us help you come up with the best strategy to fit your case. Give us a call today.