ADJUSTMENT OF STATUS + CONSULAR PROCESSING + WAIVERS

Adjustment of status is the process of applying for lawful permanent resident status (also known as applying for a green card) when you are already present in the United States. This means that you may get a green card without having to return to your home country to complete visa processing.

Adjustment of status is available through family petitions, employer petitions, fiancé visas, a grant of asylum, VAWA, T visas, U visas, and other methods. The process involves several steps, several petitions with the Court or USCIS, and often a series of fees. A person’s immigration history and their method of entering the U.S. can be a serious challenge to adjustment of status. Consult with an experienced attorney regarding your eligibility for adjusting status within the U.S.

Unlike adjustment of status (which happens within the U.S.), when an immigrant uses consular processing, they are seeking U.S. immigration benefits through a U.S. embassy or consulate. With consular processing, you will process paperwork and often attend an interview while waiting in your home country (or some other appointed third country).

There are many immigrants who are actually within the U.S. and would like to apply for adjustment of status while they are here, but they are prohibited from doing so because their most recent entry did not include a formal inspection or admission. In many of these cases, the only way to procure permanent residency is to do so via consular processing. 

PLEASE NOTE: leaving the U.S. to consular process can trigger bars or penalties for those who have accrued unlawful presence in the U.S. or otherwise violated immigration regulations. Be sure to consult an experienced immigration attorney before leaving the U.S.

When immigrants apply for benefits with USCIS, the consulate, or the court, they may find that factors from their life or past make them “inadmissible” or ineligible.

General categories of inadmissibility include certain criminal histories, certain medical diagnoses, accruing unlawful presence in the U.S., certain immigration violations, and other situations. Before you go through the hassle and expense of applying for benefits, be sure to review your case history with an experienced immigration attorney who can help you identify any possible inadmissibility issues.

In many cases, a person can apply for a “waiver” of the inadmissibility issue (or issues). The type of waiver and the evidence required in support requires a case-specific analysis. Many waivers are available for overstaying visas, fraud or misrepresentation, criminal issues, etc. Reach out to Encanto Law to discuss your particular concerns and evaluate your waiver eligibility.