Adjustment of Status vs Consular Processing

What are the advantages and disadvantages of each? Which one is better?

It's important to note that non everyone has a selection. But a small percentage of intending immigrants has the choice between adjustment of status and consular processing.

The requirements for adjustment of condition greatly limit the number of people that may exist eligible. By and large, the applicant must exist in the United states through a lawful entry and a visa must be immediately available. Only immediate relatives (spouses, unmarried children nether historic period 21 and parents of U.South. citizens) always have a visa available. For this reason, typically but immediate relatives in the U.S. fifty-fifty have the opportunity to adjust condition. Family unit preference categories generally cease up going through the consular procedure.

green card holder compares adjustment of status vs consular processing

Processing Times

If you use adjustment of status to utilize for a greenish card, your application will get to U.S. Citizenship and Clearing Services (USCIS). But if you use consular processing, the U.Southward. Department of State is responsible for processing your immigrant visa application. Processing times will vary for each path. However, the time it takes to adjust status to permanent residence will more often than not take longer than applying for an immigrant visa through consular processing. For an immediate relative, typical processing times may look like this:

Consular Processing

5-12 Months

Although information technology may take more time to obtain permanent residence through adjustment, the obvious benefit is that the bidder completes the process in the The states. This allows the applicant to exist with U.S. family members and even piece of work (with the employment authorization) while waiting for a green card.

Travel Considerations

During the expect for a greenish card, many applicants want the ability to visit family in dissimilar countries. For case, the intending immigrant may reside in the United states, but demand to see extended family members in some other land. In that location are different travel restrictions with adjustment of condition vs consular processing.

Adjustment of Status

While waiting for USCIS to approve the I-485 application, the adjustment of status bidder may travel outside the U.Southward. provided he or she has obtained the correct authorization.

The applicant must obtain an accelerate parole document before departing the U.S. This is easily done by filing Grade I-131, Application for Travel Certificate, meantime with Form I-485 or at whatsoever fourth dimension while the application is awaiting.

By and large, an adjustment applicant that leaves the U.s.a. without advance parole is automatically considered to have abandoned the I-485 application and may not be able to re-enter the U.S. Then obtaining the advance parole document prior to departing the U.Southward. is extraordinarily important.

Annotation: Applicants who take any menses of unlawful presence in the U.S. should consult with any chaser earlier departing.

Consular Processing

Information technology is typically more hard to visit the United States while an immigrant visa petition is awaiting. Though information technology's possible to go a B-ane/B-two visa, it shouldn't be expected. When the I-130 petition is filed, it signals to the U.S. government that the casher intends to live in the U.S. permanently at some indicate in the future. As a result, your awarding for a nonimmigrant visa (such as a visitor visa) will receive additional scrutiny. Nonimmigrant visas are by and large simply issued to travelers that provide sufficient evidence that the visit will be temporary. Y'all'll demand evidence of your not-immigrant intent if you lot program to enter the U.S. with a visitor visa and awaiting I-130 petition.

Spouses of U.S. citizens may be able to apply for a G-3 visa. The K-3 visa (and K-4 for kid dependents) allows the visa holder to enter the U.Due south. while awaiting the case. 1000-three spouses may adjust status to permanent resident once they enter the U.S. In practice, the Department of State rarely issues Thou-3 visas.

Although it may take more time to obtain permanent residence through adjustment, the obvious benefit is that the applicant completes the procedure in the United States. This allows the applicant to exist with U.S. family unit members and even piece of work (with the employment authorization) while waiting for a green card.

Forms & Expenses

The gear up of forms that yous'll file for a family-based adjustment of condition bundle is generally more extensive than consular processing. And consular path is almost always less expensive than adjustment.

Aligning of Condition

USCIS Fees Fee (USD)
Form I-130, Petition for Alien Relative $535
Form I-130A, Supplemental Information for Spouse Beneficiary one $0
Course I-485, Application to Adjust Status 2 $ane,140
Form I-864, Affirmation of Support $0
Course I-693, Report of Medical Exam and Vaccination Tape $0
Class I-765, Application for Employment Authority 3 $0
Form I-131, Awarding for Travel Document 3 $0
Biometrics (applicants ages 14-78) $85
Total for Typical Developed Applicant $1,760

1 Form I-130A is only necessary if the beneficiary is a spouse.
two USCIS has a reduced fee for a child (nether xiv) if the application is filed with the I-485 of at least ane parent.
3 This is an optional form, but USCIS waives the fee if y'all file information technology together with the I-485 awarding.

Consular Processing

Fees for USCIS, NVC or U.South. Consulate Fee (USD)
Course I-130, Petition for Alien Relative $535
Form I-130A, Supplemental Information for Spouse Beneficiary ane $0
DS-260, Immigrant Visa Application $325
Form I-864, Affidavit of Support 2 $120
Form I-693, Report of Medical Examination and Vaccination Tape $0
USCIS Immigrant Fee $220
Total for Typical Developed Applicant $i,200

ane Class I-130A is just necessary if the beneficiary is a spouse.
ii The Affidavit of Support processing fee is paid along with the DS-260 application fee.

If adjusting status, you'll pay USCIS all fees up forepart with the application. On the other mitt, consular process fees are by and large spread out during the procedure. There are other costs associated with both paths. Every applicant must take a medical test. The physician will charge a fee for the exam, but the toll varies. The cost of the required medical exam will vary by country, medico, and whatsoever additional vaccinations that may be required. Other costs may include photos to submit with the awarding, postage, and any transportation fees associated with travel to your USCIS or consular interview.

Yous'll likewise need consider the costs to prepare the applications and supporting documents. Typical attorneys' fees for a green carte application range from $ii,000 to $5,000. Individuals with straight frontwards situations tin use CitizenPath. Our service is for the do-information technology-yourselfer that wants the reassurance you're doing everything correctly. We even guarantee information technology. Take a closer look at the consular processing costs and the fees for adjustment of status.

Decisions & Appeals

In add-on to the time and financial requirements, some applicants may need to consider immigration officials' adjudication guidelines. In other words, USCIS and the U.S. Department of Land follow a unlike controlling process. Some factors in an applicant's history may exist evaluated differently for adjustment of status vs consular processing.

Adjustment of Status

If an applicant is found to be ineligible, USCIS must consequence a denial notice. But in some situations USCIS may deny an adjustment of status case for discretionary reasons. That is, the USCIS officer may deny your adjustment of status application even if yous are otherwise eligible to suit status but have negative factors that outweigh positive factors. Negative factors may include:

  • Fraud in your initial application
  • Misrepresentation in your initial awarding
  • Preconceived intent to remain in U.S. when coming as a nonimmigrant
  • Unlawful entry into the United States
  • Overstaying the period you lot were legally allowed to be in the U.S.
  • Criminal background, including any misdemeanors or felonies
  • Other ineligibility factors

If USCIS denies your example, you may challenge the deprival through the authoritative and/or judicial appellate processes. In addition, you may more often than not stay in the U.S. while waiting for the appeal.

Consular Processing

Consular processing has a lower hazard of refusal. Unlike USCIS officers, consular officers cannot refuse to issue an immigrant visa based on discretion. This means that the consular officer must have specific, factual evidence for denying an awarding.

If you accept immigration violations on your tape, a criminal record, or other negative factors, consular processing may be a more favorable path to a light-green menu. Consult with an immigration chaser if your history includes negative factors.

However, consular cases for an immigrant visa that are denied are generally not-reviewable. This ways that consular processing decisions for a dark-green menu are concluding.

When comparing adjustment of status vs consular processing, it's impossible to say that i is improve than the other for every person. Each path has its own advantages and disadvantages. What's best for you depends on your specific situation. Only an immigration chaser tin thoroughly analyze your case. This comparing is for advisory purposes only and shouldn't be considered advice in your immigration journey.

Aligning of Status vs Consular Processing

When comparison aligning of status vs consular processing, it'south impossible to say that ane is better than the other for every person. Each path has its own advantages and disadvantages. What's best for you lot depends on your specific situation. Only an immigration chaser can thoroughly analyze your instance. This comparison is for informational purposes only and shouldn't be considered advice in your immigration journey.

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