Consular Processing vs. Adjustment of Status

Adjustment of Status refers to the process before United States Citizenship and Immigration Services(USCIS) through which non-citizens obtain Lawful Permanent Residence(green cards).

Non citizens can seek to come to the United States either through applying abroad for an Immigrant Visa or if they are in the United States can apply for Adjustment of Status.

Consular Processing refers to the process through which a U.S. citizen or Lawful Permanent Resident relative of a non-citizen of the United States, is able to bring that relative to the United States by applying within the United States to the United States Citizenship and Immigration Service(USCIS) of the Department of Homeland Security(DHS) for a visa number and classification that allows the non-citizenrelative to appear in the U.S. Embassy or Consulate abroad, and following a personal interview, receive a visa which allows the non-citizen relative to come to the United States, and apply for admission at a port of entry such as New York, Houston, Dallas, Philadelphia, San Francisco, Miami, or other international entry point.

The non-citizens can usually bring their minor(under 21) unmarried children with them. Typically, the way such non-citizens come to the U.S. is that their spouse or parent files a Petition with USCIS for an immediate relative classification and visa number. Once USCIS approves the Petition, the visa approval is sent to the National Visa Center in New Hampshire which sends the visa approval to the US Embassy or Consulate abroad.

The U.S. Embassy or Consulate abroad then notifies the foreign national/beneficiary that a visa number and visa classification has been approved and that the person must fill out many forms and obtain a medical exam and vaccination and come to the U.S. Embassy or Consulate for a personal interview. If the U.S. Consul approves, the foreign national/beneficiary is issued a visa which is placed into the person’s passport along with a sealed packet of materials that must be presented to U.S. Immigration Officials when the person lands at an airport in the United States(port of entry).