Adjustment of Status vs. Consular Processing: What New Jersey Applicants Need to Know

Immigration can be a complex journey, and for those seeking a green card in New Jersey, understanding the right path is critical. Two of the most common ways to become a permanent resident in the United States are through Adjustment of Status and Consular Processing. Knowing the differences between these two processes and which one best fits your situation can make the process smoother and less stressful. At The Scheer Immigration Law Group, we are here to guide you through the legal process and help you navigate the complexities of your case.

Both Adjustment of Status and Consular Processing are methods to obtain a green card, but they operate in different ways. Adjustment of Status allows immigrants already in the United States to apply for permanent residency without leaving the country. On the other hand, Consular Processing requires applicants to apply for their green card from their home country or another foreign country. Each of these options comes with its own requirements, timelines, and advantages, depending on your specific circumstances.

Understanding the processes can help make the decision easier, but it is important to be well-informed about which one is best for your case. Each of these methods has its own benefits and potential challenges, which can impact your overall immigration experience.

What Is Adjustment of Status?

Adjustment of Status is a process that allows individuals already in the United States to apply for a green card without having to return to their home country. If you are living in the United States under a temporary visa or other lawful status, you may be eligible for Adjustment of Status. This process can be helpful for those who do not want to travel or risk leaving the country during their application process.

The process typically begins with filing Form I-485, which is the Application to Register Permanent Residence or Adjust Status. This form is submitted to the United States Citizenship and Immigration Services, known as USCIS. Along with this form, applicants must provide supporting documents that show they are eligible to adjust their status. For example, a person may need to provide evidence of an approved visa petition, proof of lawful entry into the United States, and confirmation that they meet all other requirements for adjustment.

One of the benefits of Adjustment of Status is that you do not have to leave the country while your application is being processed. You can continue living and working in the United States while awaiting a decision. This can be particularly helpful for people who have built a life in the country and prefer not to travel back to their home country during the process.

Another advantage of Adjustment of Status is that applicants may be able to apply for work authorization and advance parole. Advance parole allows you to travel outside the United States while your green card application is pending and return without any issues.

What Is Consular Processing?

Consular Processing is the alternative to Adjustment of Status and is required for individuals who are outside the United States when they apply for a green card. In this process, applicants must go to a U.S. consulate or embassy in their home country to complete their application and interview.

The process of Consular Processing starts with the approval of a visa petition, such as Form I-130 for family-based immigration or Form I-140 for employment-based immigration. Once the petition is approved, the applicant is notified by the National Visa Center, and the consular process begins.

Applicants will need to attend an interview at a U.S. consulate or embassy, where they will present documents, answer questions, and complete medical examinations as part of the process. After the interview, if all goes well, the applicant will be issued an immigrant visa, which allows them to enter the United States as a permanent resident. Upon arrival in the United States, they will receive their green card.

One of the key benefits of Consular Processing is that it is often faster than Adjustment of Status, especially for those who are outside the United States. In many cases, applicants can complete their interviews and receive their immigrant visa within a few months, whereas Adjustment of Status can take longer. Consular Processing also avoids the risk of overstaying a temporary visa in the United States, which can sometimes complicate immigration status.

However, Consular Processing does come with some challenges. For example, applicants must travel to their home country for the interview, which may require time and resources. Additionally, there is always the risk that the consulate will request additional documents or information, which could delay the process.

Differences in Timelines

One of the most important factors for many applicants is the timeline of each process. Adjustment of Status and Consular Processing have different timelines that can affect when an individual receives their green card.

For Adjustment of Status, the process can take longer, especially if there are delays with USCIS. It can take anywhere from several months to over a year for USCIS to process the Form I-485 and make a decision. Applicants are often waiting for a work permit or travel document, known as advance parole, while their green card is being processed.

Consular Processing, on the other hand, tends to be quicker. After the visa petition is approved, the National Visa Center schedules the consular interview, and the applicant can expect to receive their visa within a few months, provided all documents and medical exams are in order. However, because the interview takes place at a U.S. consulate in the applicant’s home country, there may be additional travel time and scheduling delays depending on the location of the consulate.

Eligibility Requirements

Eligibility for Adjustment of Status and Consular Processing depends on a variety of factors, including the type of visa petition and the applicant’s immigration history. For example, to be eligible for Adjustment of Status, an individual must be physically present in the United States, and they must have entered the country lawfully. If someone entered the United States illegally or overstayed their visa, they may not qualify for Adjustment of Status.

Consular Processing, on the other hand, is available to anyone who has an approved visa petition and is outside the United States. This option is often used by people who are not currently in the country or those who do not qualify for Adjustment of Status due to their immigration history.

Each process also has additional requirements based on the type of visa petition, whether it is family-based, employment-based, or based on another category, such as refugee or asylum status.

Costs and Fees

Another important consideration is the cost associated with each process. Both Adjustment of Status and Consular Processing involve fees, but the amount can vary.

For Adjustment of Status, applicants must pay the filing fee for Form I-485, as well as fees for any required medical exams, biometrics, and supporting documents. There may also be additional costs if the applicant applies for work authorization or advance parole.

Consular Processing fees are typically lower but include the cost of the visa application, medical exams, and other necessary documents. The fees for Consular Processing are paid to the U.S. consulate or embassy and must be paid before the interview takes place.

Making the Right Choice

Deciding between Adjustment of Status and Consular Processing depends on your individual situation. If you are already in the United States and want to avoid traveling, Adjustment of Status may be the better option. On the other hand, if you are outside the country or want a faster process, Consular Processing could be the right choice.

It is important to carefully consider your eligibility, timeline, and the costs involved in each process before making a decision. Additionally, any errors or omissions in your application can lead to delays or even denial, so it is crucial to ensure that all forms and documents are submitted correctly.

Navigating the immigration process can be challenging, but you don’t have to do it alone. Whether you are considering Adjustment of Status or Consular Processing, The Scheer Immigration Law Group can help guide you through the process and answer any questions you may have. Our team is committed to helping you achieve your goal of becoming a permanent resident. Contact us today to discuss your options and take the next steps in your immigration journey.