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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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…
I cannot find the words to express my gratitude to Brittni Rivera! She literally saved my family. We had been waiting seven years for what she accomplished in just three weeks. I was impressed by how accessible the office is—they always answer calls very quickly. A special thank you to paralegal Nataliia Melnyk. You are my heroes. Thank you.
Thank you all, I found this group to be a great service. Thank you all, blessings to you. especially Khiabett
We are incredibly grateful for the help and support we received from this office. From the very beginning, they understood the urgency of our situation and treated our case with real care, professionalism, and speed. They were extremely responsive, clear, and compassionate throughout the entire process. They moved quickly when timing was critical, kept us informed, and helped us navigate a very stressful immigration situation with confidence. Thanks to their…
Kevin Raica and his team handled my immigration application and i can other recommend them enough. They made a stressful process very easy. They are very knowledgeable in this area and helped us at every stage from beginning to end.
Brittni Rivera She is my Attorney from 2017 Thank you so, so much. This truly wouldn’t have been possible without you, Brittni. Can’t wait to file for the green cards.
We hoped and prayed for this day, not knowing if it would ever come. Deportations are incredibly scary and overwhelming. We wanted to give a very special thank you to Jennifer Peyton of Chicago for securing this victory for us! With Jennifer on our side we were able to get our loved one back. On behalf of our family, thank you. When we started this journey, we had hoped and…
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