What Are the Benefits of Adjustment of Status vs Consular Processing?
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At Kriezelman Burton & Associates, LLC, we recognize that lawful permanent residency in the U.S. is a significant milestone that requires careful planning and guidance to achieve. Our team of dedicated immigration attorneys is committed to providing effective legal representation to help you with this process. When applying for a green card, you generally face two primary pathways: adjustment of status and consular processing.
These routes both help you obtain permanent residency, but they look different in practice. The primary benefits of adjustment of status over consular processing include:
- The ability to stay in the U.S. while the application remains pending
- Local or waived interview requirements
- Its suitability for particular visa types
Understanding the Two Pathways
Before comparing the benefits, it is essential to clearly define each process. Adjustment of status is the process you can use to apply for lawful permanent resident status when you are already present in the United States. This method allows you to obtain a green card without having to return to your home country for visa processing.
Consular processing, meanwhile, is the required pathway to apply for a green card for any individuals who are outside of the United States. In this scenario, you must obtain your immigrant visa abroad through a United States consulate or embassy.
Evaluating the Benefits of Adjustment of Status
Adjustment of status offers a few benefits over consular processing for those who are eligible.
Location While Your Application Is Pending
The most significant benefit of adjustment of status for many is family unity and employment continuity (with an approved employment authorization). You are permitted to remain in the United States during this time while USCIS processes your application. Conversely, consular processing requires you to wait in your home country until the visa is approved, which can result in prolonged separation from loved ones or employers located in the United States.
Interview Differences
Adjustment of status interviews take place at a local USCIS office. In certain employment-based or family-based cases, the government may even waive the interview requirement entirely. Consular processing always requires an in-person interview, which must take place at a United States embassy or consulate in the applicant’s home country.
Which Option Fits Different Visa Types?
Your current visa status will impact your path to a green card. Adjustment of status is typically ideal for foreign nationals currently maintaining a valid non-immigrant status in the United States. This includes professionals holding EB visas or immediate relatives of United States citizens who are visiting the country.
Consular processing is the required route for individuals who are outside the United States. It is also necessary for individuals who are physically present in the United States but are ineligible to adjust their status domestically due to specific immigration violations or entry methods.
Finding Your Path to Permanent Residency
Both adjustment of status and consular processing offer distinct pathways to permanent residency, though adjustment of status can come with a few added benefits. Understanding your eligibility for either process is the first step toward achieving your goals. If you are unsure, our experienced legal team can evaluate your unique situation and provide the timely support you deserve.
Contact Kriezelman Burton & Associates, LLC today at 312-332-2550 to schedule a confidential consultation.
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Kevin Raica literally saved my life. He helped me out of a dangerous situation that my previous attorney had put me in. After 17 years without status and 6.5 years of working with my previous attorney, I had experienced so many denials that I had completely lost hope. When I met Kevin, everything changed. He genuinely cared about my situation and gave me hope when I couldn’t see any for…
We sincerely thank the entire team for the professionalism, responsiveness, patience, and dedication shown throughout our case. From our very first visit, Justin reassured us that everything would be all right. Thank you, Khiabett, for your expertise, professionalism, and calm guidance before and during the interview, which greatly reduced our stress and gave us confidence. We also deeply appreciate Kamila's hard work, patience, and responsiveness throughout the process. For sorting…
I would like to sincerely thank Attorney Justin Burton and PL Kamila Lada for support with my adjustment of status case. I have been working with the firm for over a year now, and I have received nothing short of exceptional services and support throughout various cases for myself and family members. Highly recommend consulting and retaining this firm.
We have been in the dark with our case for over 2 decades, while working with other big firms who just kept me in the dark and sat on our case without making any effort to move it forward until I met the wonderful team at Kriezelman & Burton. AO and JP are truly God-sent angels who with their knowledge, collaboration, sense of direction and outside the box thinking, managed…
Highly recommend attorney Kevin Raica and attorney Agata Bigdanowicz. They were super helpful, responded on time, and won my case in record time. It took about a month and half in total for me to get my approval after filing!
Brittni Rivera and her team (Carina Lopez) are fantastic! They are responsive, efficient and beyond compassionate. Brittni Rivera and her team treated me with dignity and respect as they patiently answered all of my questions. They didn't move on without making sure I understood each step. Their work ethic was impressive. It felt like they were an extension of my personal team. I can't say enough to convey my gratitude…
Justin Burton is extremely professional knowledgeable and helpful. I’m extremely thankful for his help and patience with my case. I strongly advise to use his services and refer him to anybody in need of legal help. Thank you.
I wanted to share my experience and say that attorney Britney Rivera is extremely competent in her work. I had heard from friends that she was a very strong lawyer, and she certainly proved to be one. She won our case in a very short time, and my family and I are incredibly grateful to her!🌹And a big thank you to her team as well!🌹🌹🌹
Huge thanks to Attorney Matthew for his incredible support on our immigration case! 🙏 He was professional, responsive, and his expertise led to a successful outcome. We truly appreciate his hard work and highly recommend his service.
I’m deeply grateful to God for leading us to this law firm; it is a true blessing to work with such professional and passionate individuals. Their dedication and commitment help make a difficult situation far less traumatic. In our case, we received 100% support from Attorney Andrea Ochoa and paralegal Rafael. May God bless them and allow them to continue this wonderful work. Thank you—a thousand thanks.
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