When you are going through the immigration process, you may hear the term “consular processing” quite a bit. It’s important to understand what this means and whether or not it applies to your circumstances. If you’re unfamiliar with this process and want to know if it is right for you, keep reading. The following blog explores what you must know about these matters and why it is in your best interest to connect with an experienced New York immigration lawyer who can assist you through these times.
Is Consular Processing Different from an Adjustment of Status?
If you are already in the United States on a visa and you wish to apply for a green card, you must submit a Form I-485, Adjustment of Status. This is done while you are physically present in the country.
Consular processing is a term used to describe the action of applying for a United States green card when you are not in the country. This is most commonly used when applying for a green card for marriage but is also commonly used for those who qualify for a green card via employment or other means.
What Happens During Consular Processing?
Despite sharing almost identical requirements and outcomes, the process of consular processing is much different than applying for an adjustment of status. Aside from the fact that you cannot be inside the United States to pursue consular processing, one of the significant differences in this process is the form in which you must file. As mentioned, if you are in the United States and want to pursue a green card, you must file an Adjustment of Status form. This is because you are already in the country on a visa.
However, if you are outside of the country, you will file a Form I-140, Petition for Alien Immigrant, just like you would when filing for an Adjustment of status. Instead of filing a Form I-485 in addition, you will instead file a DS-260, Immigrant Visa and Alien Registration Application.
Consular processing generally begins by submitting the aforementioned forms to your local United States Consular or embassy. Once you submit the necessary paperwork, the appropriate agency will approve or deny the application. If it’s approved, you will receive a letter in the mail informing you of your interview, at which you will meet with a consular officer who will take your fingerprints and determine whether or not you are eligible.
As you can see, consular processing can be incredibly complex. As such, it’s in your best interest to connect with an experienced attorney from the Law Office of Jason A. Dennis who can assist you through these complicated matters. Our firm will do everything possible to help you receive a favorable outcome during this process. Contact our team today to learn more.
