Adjustment of status or consular processing? How to know which one applies
When a U.S. citizen sponsors a spouse, an unmarried child under 21 or their parents, there are two paths to the green card. Which one applies depends mainly on where your relative is and how they entered the United States.
Consular processing: your relative is outside the United States
You file the I-130 with USCIS.
Once USCIS approves it, the case moves to the National Visa Center (NVC).
At the NVC the fees are paid, your relative completes the DS-260 and the civil documents and the affidavit of support (I-864) are uploaded.
Your relative has the medical exam with the embassy doctor and attends the interview at the consulate.
If approved, they receive the immigrant visa, travel, and the green card arrives by mail.
Adjustment of status: your relative is inside the United States
Your relative stays in the United States and completes the whole process there. Usually these are sent together in one package:
The I-130, the petition, and the I-130A if the beneficiary is your spouse.
The I-485, the application for permanent residence.
The I-864, the affidavit of support.
The I-693, the medical exam in a sealed envelope, done by a civil surgeon.
The I-765, the work permit, which is optional.
Then come the biometrics appointment, sometimes an interview, and the decision.
The key question: how did your relative enter?
To adjust status, your relative generally must have entered legally: with a visa or a parole, going through immigration inspection. For immediate relatives of a citizen, having stayed longer than allowed usually does not prevent adjustment.
On the other hand, if your relative entered without inspection, they generally cannot adjust. And if they leave the country to go through consular processing, they may be barred from returning for 3 or 10 years, depending on how long they were out of status. In that case, talk to an immigration attorney before your relative leaves the United States. There are waivers, such as the I-601A, that are requested before traveling, not after.
Other situations to review with an attorney
Your relative entered on a tourist visa and married or applied for residence very soon after arriving.
There are removal orders, immigration court cases or criminal records.
Your relative had already lived in the United States without status, left and entered again.
Which one is faster or cheaper?
Consular processing costs less in government fees, but your relative waits outside the country. Adjustment of status costs more, but your relative waits in the United States and can apply for a work permit. Processing times vary a lot by office and can be checked at uscis.gov/processing-times.
This is not a matter of preference. Before choosing the path, have your relative's passport, their I-94 entry record and their travel history at hand: with those three documents it is almost always clear which path applies.
Informational content only. It is not legal advice and does not create an attorney-client relationship; each case depends on its own facts.
Responsible for this content: Camila Giraldo Bolívar, attorney admitted in New York and Colombia. GB Partners, Calle 5 A # 39-93, oficina 702, Medellín, Colombia. Phone and WhatsApp +57 305 234 6543. www.gbpartnersllc.com
Comments