Consular Processing vs. Adjustment of Status

Generally, the process begins by a US sponsoring employer filing an application
for a Labor Certification from the US Department of Labor. Once the labor certification is issued by the US Department of Labor, the Sponsoring Employer files forms with USCIS at a Regional Service Center, and if USCIS approves the visa classification and a visa number is immediately available(sometimes a visa number can take a
year or longer to become available), the approval notice is sent to the National Visa Center which in turns sends the approval to the US Embassy or Consulate where
the foreign national is located. After the foreign national fills out the proper State Department forms, and provides documentation that he or she has a clean record
for no criminal convictions and the foreign national appears at the US Embassy or Consulate and is interviewed, the US Consul issues the foreign national an
Immigrant Visa and package and the foreign national is then authorized to travel to the US and seek admission at a port of entry from a US Immigration Official there
(US Border and Customs Protection). If the US Immigration Officer at thePort of
Entry approves the admission of the foreign national at the port of entry, the foreign national is ‘inspected and admitted’ for Lawful Permanent Residence in the United States.

A parallel process is followed for adjustment of status for foreign nationals who are already lawfully in the U.S. and are sponsored by a US Employer. The employer applies for a Labor Certification from the US Department of Labor and if issued,
then files forms with USCIS for approval of the visa classification. The foreign
national may also simultaneously file for adjustment of status with proper forms.
If the visa classification is approved and a visa number is immediately available for
the visa classification which has been approved, USCIS will also proceed to decide whether the foreign national should be admitted into lawful permanent residence.
An interview can be required or waived. If the visa classification or adjustment of status are denied by USCIS, administrative or court review is sometimes  possible.

Generally speaking, it is often a better choice to adjust status in the US than it is
to utilize consular processing because more administrative review or appeal options are available.

For example, it may be advantageous for a US Citizen to bring her or his fiancée to the US, marry them here within 90 days, and then seek to adjust their status here
in the U.S. Likewise, the foreign national spouse of a US Citizen can come here on
a visa(K-3) and adjust status here, rather than waiting abroad for a year or longer, while the US Embassy or Consulate works through its backlogs to grant the visa.

 Although administrative review and appeal  rights are limited, they do exist. In
some limited circumstances , the foreign national  in the U.S. seeking to adjust status may even  have  access to US Federal Courts . Appeal rights and access
to US Courts is virtually non-existent if the foreign national decides to Consular Process.

Advice from an experienced, competent immigration attorney is important in
deciding which options and which visas to pursue.

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