Talk To A Chicago Immigration Attorney
312-332-2550
Why do I Have to Consular Process?
Looking for A Specific Post? Search Below
Hello again, everyone. This is Erin Cobb, an immigration lawyer here at Chicago-based immigration law firm Kriezelman Burton & Associates. To pick up from where we left off in our last post, today we’re going to talk about why some people have to consular process.
So, you are meeting with your immigration lawyer because you are finally eligible to apply for your green card, but your lawyer tells you that you have to leave the country and consular process in order to apply for citizenship. Why do you have to leave the country?
Generally, there are two different ways to apply for your green card. One of them is called adjustment of status, which is all completed within the United States. The other process is consular processing, which requires applications to leave the country and apply through the U.S. consultant in their home country.
There are two big reasons why someone must consular process. The first is how you enter the country. Only people who have entered the U.S. with a cist with parole, which is a special entry for a limited purpose and limited period of time, or otherwise presented themselves for inspection, are eligible to stay here and adjust status. Everyone else must consular process. If a person entered the U.S. without inspection, they must go back to their home country to consular process.
Now, there is one very big and very good exception to this rule. If you had a visa petition filed for you for your parent, or sometimes for your spouse, prior to April 30th of 2001, you may qualify for a special exemption that we call 245(i) and would be able to adjust your status in the U.S.
The second reason that some people must consular process is that they are not of status when they apply for their green card. Examples include:
- An employer petitioning for you
- A U.S. citizen brother or sister petitioning for you or your family
- A lawful permanent resident spouse or parent petitioning for you
If you do not have status on the day that any of the above petition for you for your green card, you will have to consular process. Again, there are two large exceptions to this. If you are a U.S. citizen’s spouse and they are petitioning for you, or if your U.S. citizen adult children are petitioning for you, you may be considered what is called an immediate relative and may be able to stay in the U.S. and apply for your green card even without having status.
The second exception is 245(i), in which a visa petition was filed for you or your spouse or parent prior to April 30th, 2001. You can pay a penalty fee and adjust your status in the U.S. without having to go back to your home country to apply.
Hopefully, this has shed a little bit of light on why you may be required to consular process. If you’d like to learn more about immigration law, or would like more information and explanations on common terms related to immigration, please check out our other blog posts. If you need an immigration lawyer, please contact the offices of Kriezelman Burton & Associates. You can get in touch with us by phone or by completing our online contact form.
Lo que dicen nuestras clientas
Calificación de 5 estrellas | Basado en 200+ reseñas de clientes satisfechos en Google
I had a wonderful experience working with Kriezelman Burton & Associates, LLC. From start to finish, the team was professional, knowledgeable, and truly dedicated to guiding me through every step of the process. They made what could have been a stressful situation feel smooth and manageable, always answering questions quickly and keeping me updated. I especially want to thank Khabit for his outstanding support—he was patient, detail-oriented, and went above…
Many thanks to attorney Kevin A Raica and his assistant Rafael Rodriguez for all their help. My immigration case went very smoothly and quickly.
We worked with Kevin Raica from Kriezelman Burton & Associates, LLC, and I can confidently say he went above and beyond for us. Our process was very long and at times overwhelming, but Kevin guided us every step of the way with professionalism, patience, and dedication. He was always available to answer our questions, explained everything clearly, and made sure we understood our options at each stage. What stood out…
A family friend referred me to work with Maya Flores at Kriezelman Burton & Associates, LLC to help me with my U.S. naturalization. Despite the current immigration tension, Maya helped make the process smooth and her familiarity with procedure helped ease my anxiety. She submitted the citizenship application on my behalf and let me know what to expect. I decided to retain her service for the civics interview as well,…
I really want to thank Justin and Kamila; they are the best. I waited almost 20 years and no one could help me get my green card and in 4 months they helped me get my permit, and I got my green card in less then 4 months. They are the best. I will always be grateful for what they did for me, thank you Justin and Kamila!!!!
I am writing this review to express my deepest gratitude for the hard work on our case by our Immigration Attorney, Lauren McClure and her Paralegal, Kamila Lada. My Green Card was approved! I know this wouldn't have been possible without their expertise and dedication. They both were extremely helpful, responsive, and guided us through every step of the way. Lauren took the time to train us for our interview…
I am incredibly grateful to Mr. Burton for his outstanding legal assistance in my immigration case, from my first consultation he heard me patiently demonstrating exceptional professionalism, expertise, and a genuine commitment to my case. Immigration process can be overwhelming and stressful, but he and his team provided clear guidance every step of the way, always answering my questions promptly and reassuring me with their deep expertise. Thanks to their…
I had an outstanding experience working with Brittni Rivera. From our very first consultation, she demonstrated deep expertise, professionalism, and genuine care for my case. Navigating immigration processes can be incredibly stressful, but Brittni made the entire journey much more manageable and transparent. She were always responsive to my questions, provided clear guidance at every step, and never made me feel like just another case. Thanks to her hard work…
Highly recommend this firm. I had the pleasure of working with Lauren McClure and she is absolutely the best. She was very helpful and walked me through every step of the process, she is patient and she got the job done. I am very grateful with her and her team for helping me with the process of my case. Thank you so much.
I have worked with Kevin Raica for my VAWA application. Let me tell you he has been AMAZING. Unlike other lawyers Kevin has always went above and beyond for me. Kevin is not in it for the money he is in it to HELP people and make a difference. He has walked me through the entire process and always answers any questions I have no matter what. This law firm…
¡Programe una consulta!
Publicidad de abogados. Esta información está diseñada solo para información general. La información presentada no debe interpretarse como asesoramiento legal formal ni como la formación de una relación abogado/cliente. Los resultados y testimonios anteriores no son garantía ni predicción del resultado de su caso, y no deben interpretarse como tales. Los resultados pasados no pueden garantizar el rendimiento futuro. Cualquier resultado en un solo caso no pretende crear una expectativa de resultados similares en asuntos futuros porque cada caso involucra muchos factores diferentes, por lo tanto, los resultados diferirán caso por caso. Al proporcionar información de contacto, los usuarios reconocen y dan su consentimiento explícito para ser contactados a través de los métodos de comunicación proporcionados, incluido SMS. Se pueden aplicar tarifas por mensajes y datos. La frecuencia de los mensajes puede variar. Responda STOP para optar por no participar.
NUVEW | Copyright 2025 All Rights Reserved | Accessibility Notice | privacy policy