There are two main routes to a U.S. Green Card and permanent residency. You can file for an adjustment of status from within the United States or choose consular processing if you are filing from outside the United States. When you apply through a foreign consulate or embassy, you may have lower filing fees and possibly reduced waiting times. There are also advantages to filing for an adjustment of status from within the United States.
It is important that you choose the best option for you and your situation. Once you commit to one or the other, you cannot switch without delaying the process and facing increased costs. When you have a strong advocate in the form of a United States Green Card attorney from Abogado de Inmigración, you can rest easy, knowing your future is in good hands.
The Pros and Cons of Adjustment of Status
As noted, filing for an adjustment of status occurs within the United States through the United States Immigration and Citizenship. There are USCIS field offices across the United States. To be eligible for an adjustment of status, you must possess a valid non-immigrant visa and have a family or employer sponsor. You must also:
- Have entered the U.S. lawfully
- Be a resident of the United States
- Maintain your valid visa status up to the point of approval of your adjustment of status application
- Have no inadmissibility grounds like a criminal offense
- Qualify to change your visa type
The last eligibility requirement can be confusing. While single-intent visas do not allow changes in status, applicants can switch to a dual-intent visa and apply for permanent residency afterward. You may not leave the United States after filing for adjustment of status without filling out and submitting Form I-131 (Application for Travel Document).
To apply for an adjustment of status, you will use either Form I-140 (Immigration Petition for Alien Worker) or I-485 (Application to Register Permanent Residence or Adjust Status). The cost for an adjustment of status begins at $2,155 and generally takes from eight to 14 months. Successful applicants will receive a priority date along with Form I-797. If you are remaining in the U.S., you can use the receipt number on the form to check your status.
The Pros and Cons of Consular Processing
Application for consular processing is made outside the United States at the nearest U.S. embassy or consulate. Eligibility requirements include:
- You must have a family or employer sponsor.
- You must be admissible to the U.S. or eligible for a waiver of ineligibility.
There are no travel restrictions when filing for consular processing. You will use Form I-140 (Immigrant Petition for Alien Worker) or Form DS-260 (Immigrant Visa and Alien Registration Application), and the cost is approximately $1,060. You can check your status through the DOS by making an account on their website and then checking your priority date and the progress of your application. For both consular processing and adjustment of status, a U.S. employer must file Form I-140 or Petition for an Alien Worker and submit the form directly to the USCIS with a filing fee of $715.
What Happens Once Your Priority Date is Current?
If you are filing consular processing, you must file Form DS-260 once your priority date is current. The filing fee is $345, plus $325 for each dependent. If you are filing an adjustment of status, you must submit Form I-485 Adjustment of Status, with a filing fee of $1,440. Both sets of applicants must then undergo a medical examination, an interview with an immigration official, and a biometrics appointment to provide fingerprints. Consular processing applicants cannot live or work in the United States until they receive approval. If you are adjusting your status, you must remain in the U.S. while you await the verdict.
Contact a United States Green Card Attorney
It can be extremely beneficial to have a legal advocate helping you through this process, keeping you updated regarding forms, eligibility, and changes to filing fees, and double-checking every detail on your application. A U.S. green card attorney from Abogado de Inmigración is ready to help you reach your immigration goals. Attorney William Vasquez received the Joint Service Achievement Medal for his work as a Spanish linguist for the Defense Intelligence Agency in 2005. Contact Abogado de Inmigración at 844-464-4727 to schedule your free consultation.
