Consular Processing Versus Adjustment of Status
If a person is outside the U.S., the only way to immigrate is to go for consular processing. However, a person already in the U.S. can go for either consular processing or adjustment of status.
Consular Processing is a much shorter processing time overall, several months, compared to several years in adjustment of status. Consular processing also has a much lower risk as a consular officer may not deny an immigrant visas based on discretion, as it may in the case with adjustment of status.
For some people already present in the U.S., adjustment of status may be the preferred method since the adjustment of status applicant whose case is denied may challenge such denial through the administrative and/or judicial appellate process. Denial of a visa at a U.S. consular post, however, is essentially unreviewable, unappealable, except in the smallest of cases.
In addition, visa processing at a consular post abroad also involves the additional time and expense of travelling overseas and may further prolong the separation between family members.
The adjustment of status applicant may reside in the U.S., obtain employment authorization, and a travel document until his/her case is processed, reviewed, and completed by U.S. Immigration.
The Adam Sanders law Office can assist you in obtaining an advisory opinion about which immigration path is best for you and assist in the preparation of your application packet and supporting documentation.
These are some of the visa situations that we have helped clients with in the past. Once you tell us the specifics of your family and individual situation and goals, we will be able to develop a plan that hopefully takes account of your specific facts.