It’s no secret that the United States immigration process is incredibly overwhelming, with many different forms and documents to submit, appointments to attend, and documentation to provide. As such, if you are navigating this process, you’ll likely come across the phrase “consular processing” quite a bit. It is critical to understand what this means and whether or not it applies to your unique circumstances. The following blog explores what you should know about these matters, including the importance of working with a consular services attorney to assist you through these complicated times.
What Is Involved in Consular Processing?
In general, consular processing occurs when someone outside of the United States seeks entry into the country as an immigrant. While it can be used for non-immigrant visas, this process is not as common for these categories. As such, if you wish to enter the United States, you’ll need to file a Form I-480, Petition for Alien Immigrant. In addition, you must file a DS-260, Immigrant Visa and Alien Registration Application.
Typically, this process begins by submitting the aforementioned forms to your local United States Embassy or Consulate. Once you submit the necessary forms, the agency will either approve or deny your application. If approved, you will then get a letter in the mail with information regarding the interview you must sit for. At this interview, you’ll also have your fingerprints taken, and the officer will determine whether or not you are eligible.
How Does This Differ from an Adjustment of Status?
It is important to understand that, despite the fact that consular processing and an adjustment of status have nearly identical requirements and outcomes, these are two drastically different processes. As explained, consular processing occurs outside of the country, while you are still waiting to enter the United States.
An adjustment of status, on the other hand, occurs when you are inside the United States and wish to change your status from its current state to something else. For example, you may apply for a change of status if you are currently on a student visa, but you receive a permanent job offer following your graduation from college.
While the requirements are almost the same, the only difference is the forms you must file. While both consular processing and adjustment of status require you to file Form I-140, you must submit Form I-485, Adjustment of Status, if you are looking to change your status as an immigrant currently in the United States.
As you can see, navigating this process can be incredibly difficult. That is why it’s in your best interest to connect with an experienced attorney with Goel & Anderson to help you navigate these difficult matters. Our team understands how complicated these issues can be, which is why we will do everything in our power to help you fight for the best possible outcome for your unique needs. Contact us today to learn more.
