When pursuing a green card, you can either apply for one from the United States or through a United States consulate located in your home country. While the best choice for you depends on your individual circumstances, an experienced green card lawyer at Jag Law, PLLC could help you understand consular processing vs. adjustment of status in Palm Bay. Contact our team today to schedule a consultation and get started.
Consular processing is the method by which a person applies for lawful permanent residence (a green card) or an immigrant visa from outside the United States through a U.S. embassy or consulate. It is commonly used by individuals living abroad or who are not eligible to adjust status inside the U.S.
The process typically begins after a qualifying immigrant petition, such as a family– or employment-based petition, is approved by U.S. Citizenship and Immigration Services (USCIS). Your case is then transferred to the National Visa Center (NVC), where you will submit the required forms, civil documents, and fees. Once complete, you must attend an in-person interview at a U.S. consulate in your home country.
During the interview, a consular officer will review eligibility, background checks, and admissibility. If approved, you will receive an immigrant visa and may enter the United States as a lawful permanent resident. Similar to adjustment of status, consular processing can be efficient but requires careful preparation and help from a seasoned Palm Bay lawyer to avoid delays, denials, or inadmissibility issues.
Adjustment of status is the process that allows eligible individuals who are already in the United States to apply for lawful permanent resident status without leaving the country. Instead of applying through a U.S. consulate abroad, you will file Form I-485 with USCIS.
Adjustment of status is commonly used in family-based and employment-based immigration cases, provided you entered the U.S. lawfully and meet all eligibility requirements. In many cases, you can file for work authorization and advance parole simultaneously, allowing you to work and travel while the application is pending.
USCIS will review your application, conduct background checks, and may require an interview. During this process, you must maintain eligibility and avoid violations that could jeopardize approval. While adjustment of status offers the convenience of remaining in the U.S., it is not available to everyone, particularly those with certain immigration violations or inadmissibility issues. Your attorney could advise on the criteria and requirements for both consular processing and adjustment of status during an initial consultation in Palm Bay.
If you are already in the United States legally, you can file a petition with USCIS to adjust your status without leaving the country. This avoids uncertainty about your status while your application is pending. While often preferred, it may not be available in all circumstances. For example, you may not be in the U.S. or may have overstayed a visa. In some cases, it may be quicker to apply for a green card at a consulate abroad because their staff may not face the same backlogs as USCIS. An immigration lawyer from our Palm Bay firm could review your circumstances and advise where to apply for a green card, whether it be through consular processing or adjustment of status.
Choosing between adjustment of status and consular processing can significantly impact your immigration case and future in the United States. An immigration attorney at Jag Law, PLLC could evaluate your situation, explain your options, and guide you through every step of consular processing vs. adjustment of status in Palm Bay. Whether you are applying from within the U.S. or through a U.S. consulate abroad, having trusted legal support could help avoid delays and costly mistakes. Contact our team today to schedule a consultation and take the next step with confidence.
