How to Change from Consular Processing to Adjustment of Status

If you’re seeking permanent resident status in the United States, switching from the consular processing pathway to the adjustment of status procedure is an option. However, getting lost in the details is easy without knowledgeable legal assistance. Working with an experienced attorney provides peace of mind that your immigration journey is proceeding smoothly and in line with all requirements.

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Eligibility for Adjustment of Status

The first step to switch from consular processing to the adjustment of status procedure is to see if you meet the eligibility requirements for an adjustment of status case. According to U.S. Citizenship and Immigration Services (USCIS), you must meet the following requirements to qualify for an adjustment of status case:

  • Living in the U.S. on a Valid Visa – To qualify for adjustment of status, you must be physically present in the U.S., have entered the country with a valid visa, and possess documentation proving your lawful entry.
  • Maintaining Lawful Immigration Status – You must have maintained a lawful immigration status since your arrival. You cannot have overstayed your visa or violated the terms of your stay in any way.
  • Entry on a K-1 Visa and Marriage – If you entered the U.S. on a K-1 visa, you must have married your U.S.-based fiancé(e) while your visa was still valid.
  • Waiting Period After Asylum or Refugee Status – If you were granted asylum or refugee status, you must wait at least one year before applying for adjustment of status. This waiting period allows you to demonstrate that you meet all the necessary conditions to adjust your immigration status.
  • Approved Form I-130 or Form I-140 – If you are not filing a petition concurrently, you need an approved Form I-130 (Petition for Alien Relative) or Form I-140 (Immigrant Petition for Alien Worker). These forms establish your eligibility based on family ties or employment.
  • Current Priority Date – If you belong to one of the preference categories for family-based or employment-based immigration, your “priority date” must be current. The priority date is the date when your petition was filed, and it determines your place in line for an available visa. Your priority date must be current, meaning a visa is available for your category and country of origin, for you to apply for adjustment of status.

Should you have questions about whether you meet the qualifications for an adjustment of status, an immigration attorney can review your case and advise you on your next steps.

Benefits of Switching

Switching from consular processing to adjustment of status offers several benefits. One significant advantage is that you can stay in the U.S. while USCIS processes your application, avoiding traveling back to your home country for visa approval. This allows you to maintain your current life and work in the U.S. without disruption. Additionally, you may be eligible to apply for a work permit and travel authorization while your application is pending, giving you more flexibility and stability.

However, there are potential drawbacks to consider. The adjustment of status process can be slower compared to consular processing, leading to longer wait times for a decision. Also, the application fees for adjustment of status can be higher, which might concern some applicants.

Despite these drawbacks, many find the convenience and continuity of staying in the U.S. outweigh the potential downsides. Consulting with an experienced immigration attorney can help you weigh these factors and make the best decision.

Steps to Change from Consular Processing to Adjustment of Status

If you are already in the U.S. on a valid visa, switching from consular processing to the adjustment of status procedure is relatively straightforward. You can submit Form I-485 and proof of your lawful entry into the country to USCIS. They’ll request your file from the National Visa Center (NVC) and move your case into the adjustment of status pathway to permanent residency.

Assuming USCIS approves your petition, you’ll then have to go through the rest of the adjustment of status process. You’ll have already skipped a few of the early steps in the process, but here are the remaining steps you’ll need to complete:

  • Biometrics Appointment – First, you must attend a biometrics appointment at a local Application Support Center. During this appointment, USCIS will collect your fingerprints, photograph, and signature to conduct background checks and verify your identity.
  • USCIS Interview – Next, you may be required to attend an interview at a USCIS office. During the interview, a USCIS officer will review your application and ask questions to verify your eligibility for an adjustment of status. It’s important to bring all necessary documents and properly prepare for any questions about your application and background.
  • Respond to Additional Requests – Finally, USCIS might request additional information or documents to support your application. Respond promptly and accurately to any requests to avoid delays in processing your case.

After completing these steps, USCIS will let you know whether they have accepted or rejected your adjustment of status request. If they accept your petition, you’ll receive your green card and become a permanent U.S. resident. If they deny it, our attorneys can help you file an appeal with USCIS.

Timeline Expectations

Completing a consular processing application generally takes about six months to a year. An adjustment of status case may take several years, depending on the circumstances. However, you may be able to stay in the U.S. while the government is processing your adjustment of status case. Which path is right for you depends on the specifics of your situation, and you may not always have the option to choose which process to use.

Contact a Las Vegas, NV Immigration Attorney Today

De Castroverde Law Group has extensive experience with both consular processing and adjustment of status cases, and we can guide you through whichever process best suits your situation. Our firm routinely handles complicated immigration law cases and has the experience necessary to manage your case effectively. We pride ourselves on our family values and dedication to our clients. We understand the pressures and challenges the U.S. immigration system creates and are here to provide the support you need. Call us today or reach out online for a consultation.