Immigrating to the United States can be a daunting task for those seeking a green card. However, the U.S. offers various legal pathways for foreign nationals to achieve their dream of living and working permanently in the land of opportunity. If you wish to apply for lawful permanent resident status, it’s crucial to understand the difference between adjustment of status and consular processing. Please continue reading as the following blog explores what you must know about these matters and why connecting with a seasoned New Jersey Immigration Lawyer is in your best interest.
What is Consular Processing?
While adjustment of status and consular processing are both ways for foreign nationals to apply for permanent residence in the United States, they are two separate systems. If you are already in the United States on a visa and wish to apply for a green card, you must file Form I-485, Adjustment of Status. Foreign nationals are only eligible for this process if they are physically present in the country. Essentially, they can apply for lawful permanent resident status without having to return to their home country to complete processing.
Consular processing, on the other hand, is available to those outside the United States. This simply means your application will be handled by your local U.S. Embassy or consulate. With consular processing, you have to wait in your home country until your green card has been approved. It’s important to note that only those who already qualify for a green card, whether through marriage, employment, or another means and have filed the relative petition can apply through consular processing.
What Happens During This Process?
Before you can begin consular processing, you must determine whether you meet one of the eligibility categories to receive a green card. Once you have determined the immigration category you fit into, you may file an immigration petition or have one filed on your behalf with USCIS. If your petition is approved, it will be forwarded to the U.S. Department of State’s National Visa Center (NVC). The NVC will notify the petitioner and beneficiary when a visa number becomes available.
When a visa number becomes available for you, a consular officer will schedule a visa interview. During the interview, they will ask you several questions regarding your application to confirm the infromation you have provided is accurate. It’s important to be honest throughout this interview. If the interview goes smoothly and your application is successful, the consular officer will give you a visa packet, which should remain sealed until you arrive in the U.S. Upon your arrival, you will hand your visa packet to a Customs and Border Protection (CBP) who will determine whether to grant entry. If you are found admissible, you will assume your lawful permanent resident status, which gives you the authority to reside and work in the country permanently. You should expect to receive your green card within three months of your arrival.
As you can see, applying for permanent residency in the U.S. can be a complex process. That’s why it’s in your best interest to contact a determined lawyer from the Law Offices of Aditya Surti, LLC, who can guide you through each phase of the process to come. Connect with us today to learn more about how we can assist you during this challenging time.
