There are two main methods of acquiring permanent resident status in the United States. Namely, to become authorized to live and work in the country permanently, you may apply through an adjustment of status petition or consular processing. Without further ado, please continue reading to learn whether you should undergo an adjustment of status or consular processing and how an experienced adjustment of status – immigration attorney in WI, at Sesini Law Group, S.C., can help you understand the differences between the processes.
What is the difference between an adjustment of status and consular processing?
For one, an adjustment of status is a process that involves submitting a petition for permanent residency while you are currently present in the United States. Specifically, you may fill out and file Form I-485, Application to Register Permanent Residence or Adjust Status, with the United States Citizenship and Immigration Services (USCIS) without having to first return to your home country. Secondly, consular processing entails your sponsor filing Form I-130, Petition for Alien Relative, or Form I-140, Immigrant Petition for Alien Worker. This is while you work with a United States embassy or consulate abroad, most likely in your home country.
How do I know if I’m eligible for an adjustment of status or consular processing?
Of course, you may be quick to assume that an adjustment of status process puts you in more ideal circumstances. However, you do not necessarily have a choice between the two; rather, it depends on your eligibility. That is, to qualify for an adjustment of status, you must have been properly inspected and admitted or paroled at a United States port of entry. From here, you must have maintained a lawful immigration status throughout your entire stay.
Constrastingly, if you entered the country illegally, committed a criminal or immigration violation, or overstayed your visa, you may have to depart from the country and petition for permanent residency from abroad. It is also worth mentioning that certain employment-based applications mandate consular processing. Namely, this may apply to EB-1, priority workers, EB-2, advanced degrees or exceptional ability, and EB-3, skilled workers, professionals, and other workers, visas.
Importantly, though, before you pack up and leave the U.S., you should consult with a lawyer. This is because if you must leave due to an immigration violation, a bar from re-entry may be triggered. Or, a lawyer may discover your eligibility for a particular waiver that would allow you to remain in the country legally. For example, as an immediate relative of a U.S. citizen (i.e., spouse, child under 21, or parent), you may adjust your status. This is even if you are currently in the U.S. without the proper authorization, so long as you entered legally in the first place.
You should not let the pressure of obtaining permanent resident status rest solely on your shoulders. Please allow a skilled consular processing immigration visa lawyer in WI, from Sesini Law Group, S.C., to assist you through your legal strategy. We look forward to helping you build a case. Give us a call today.