Permanent Residence
Adjustment of Status | Consular Processing

Adjustment of Status
Adjustment of Status is the process by which an immigrant applies for permanent residence while in the United States pursuant to a nonimmigrant visa, most commonly H-1B, L, or TN visa. The adjustment of status application is submitted concurrently with the underlying employment based visa petition. Applicants will be able to obtain work authorization and travel permission while they await approval of the underlying visa petition and subsequent approval of the adjustment application.

Adjustment of status applications are filed with the USCIS Service Center having jurisdiction over the applicant's place of residence. The application includes several different USCIS forms, a completed medical examination, and submission of documentation of the applicant’s immigration history. Applications for work authorization and permission to travel, while the application is pending, are submitted with the adjustment of status application.

In addition to adjustment of status, some applicants may also have the option of consular processing in order to obtain permanent residence. There are advantages and disadvantages to both methods of processing. The primary advantage of consular processing is that it tends to be faster than adjustment of status. Average processing times for persons to pursue consular processing are generally 6 -9 months for completion of the process, while applicants seeking adjustment of status normally wait between 9-15 months.

Fingerprinting: After the USCIS has received the application, the applicants will be instructed to visit an Applications Support Center (ASC) to have their fingerprints taken. The appointment notice will provide applicants with a seven-day time period in which to visit the ASC. If an applicant is unable to visit the ASC within the appointed time period, the person may visit the ASC on any Wednesday to complete processing. However, if an applicant fails to visit the ASC within 6 months of the appointment notice, their application for permanent residence may be denied. Once an applicant’s fingerprints have been recorded, they will be compared with the FBI fingerprint database to determine whether the applicant has a criminal record.

Adjustment Interviews: On rare occasions (less than 5%), applicants for permanent residence will be required to attend an adjustment interview at their local USCIS office. Often, interviews will be scheduled when the USCIS perceives problems with the documentation provided in the application, or when the applicant has entered or remained in the United States illegally. The USCIS also conducts random interviews as a quality control measure.

Approvals of Permanent Residence: When the USCIS has completed processing, applicants will receive an approval notice in the mail. Applicants then take the approval notice to their local USCIS office to have their passports stamped with evidence of their newly acquired permanent residence. At the same time, the local office will assist the applicants in preparing the application required to get the actual green card. Once the applicants have visited their local office to obtain their immigrant visa stamp, they should expect to wait another three to six months before receiving their green card in the mail.

Consular Processing
Employment based immigrants with approved visa petitions may opt to obtain their permanent residence through consular processing rather than adjustment of status. Consular processing requires the immigrant to travel abroad usually to their home country to attend a visa interview at the US Consulate there. Consular processing is generally faster than adjustment of status.

Consular processing is the process by which foreign nationals with an approved visa petition may complete their visa processing by traveling to the US Consulate in their home country or last country of residence. Applications are filed with the National Visa Center and sometimes directly with the consulate where the application will be adjudicated.

Advantages and Disadvantages of Consular Processing: The advantages of Consular Processing have largely been eliminated with the advent of concurrent filing for I-140/I-485 applicants. In the past both applicants for Consular Processing and for adjustment of status had to wait for approval of the underlying I-140 petition before filing. Now, only Consular Processing applicants must wait for approval of the I-140 petition before filing. Due to the long processing delays for I-140s, there is now little time saved by Consular Processing. Most applicants choose Consular Processing due to its inherent advantages.

The primary disadvantage to consular processing is that applicants, including all family members who are accompanying the principal applicant, are required to travel overseas to obtain their immigrant visa (permanent residence). Another disadvantage is that if the immigrant visas are not approved, the applicants will not be able to return to the United States, unless they have an alternative method for entry, such as H visas. Adjustment of status, on the other hand, allows applicants to remain in United States, work in the United States, and travel while awaiting the adjudication of their applications in the United States

If the applicant desires to consular process, it is best to notify the USCIS at the time of filing the I-140 Petition. If this notification has been made, the USCIS will forward the approval of the I-140 petition to the National Visa Center (NVC) immediately upon its approval. If not, the applicant is required to file an additional form with the USCIS requesting that the National Visa Center be notified of the I-140 approval. Once the I-140 has been approved, the USCIS will send the file to the National Visa Center in New Hampshire.

The NVC office will process the applicant's file and send an application packet. The package consists of several informational forms, which should be completed for each family member who will apply for an immigrant visa. This application should be completed by the applicant as soon as possible and returned to the National Visa Center. Once the National Visa Center has received this application, it will forward this information to the U.S. Consulate in the applicant’s home country or country of last residence.

Once the U.S. Consulate has received information from the NVC, it will send notice to the applicant informing the applicant of their interview date and providing them with instructions on how to obtain the required medical examination and police certificate in the Consular country. After receiving notice, the applicants must make arrangements to travel to the consular country and complete the required to documentation prior to attending interview.

Consular Interview: It is imperative that all documentation be complete on the day of the interview. This will greatly increase the likelihood of swift approval of the immigrant visa petition. All family members seeking permanent residence must attend the interview. During the interview, the applicants will be required to present their original identity documents, completed medical exam, police certificates and proof of how they will support themselves in the United States. Usually a letter verifying employment for the principal applicant will suffice.

Arrival in the United States: Once the consular interview has been completed and the applications approved, the applicants will receive an immigrant visa stamp in their passports, and a packet of information for presentation to USCIS officials at the airport. Upon arrival in United States, applicants will present their visa stamp and information packet to USCIS officials at the airport. USCIS officials will process the applicants for their green cards and give each applicant a permanent residence stamp in their passport. Immigrants entering in this way should expect to receive their green card in the mail within three to six months after their first day of entry into the United States.