This final stage of the permanent resident, commonly referred to as the green card, process in all cases is either an adjustment of status (AOS) to permanent residence or a consular processing (CP) for an immigrant visa. The AOS process includes filing form I-485 with the USCIS, accompanied by supporting documents. If approved, the applicant adjusts status to that of permanent resident from within the United States.
Consular processing for an immigrant visa involves a visa application at an appropriate U.S. consulate. This option is used by applicants outside the United States, or who otherwise are ineligible for adjustment of status from within the United States. In some instances, applicants choose the consular processing option for strategic reasons. The process typically includes a prior USCIS approval, processed through the U.S. Department of State National Visa Center, followed by a scheduled immigrant visa interview at the appropriate consulate. The immigrant visa permits travel to and admission into the United States as a permanent resident.
Requirements for Adjustment of Status & Consular Processing
- Each case has prerequisites including either employment- or family-based petition approval, a grant of asylum, or selection under the diversity lottery.
- A visa number must be available at the time of filing.
- The applicant undergo criminal background check.
- The applicant submit to an immigration medical examination.
- The applicant must not be likely to become a public charge.
Additional Requirements for Adjustment of Status
- The applicant must be present in the United States at the time of filing.
- The applicant needs to be admitted or paroled into the United States
- Generally, the applicant must be in status at the time of filing. Exceptions exist in some case types and circumstances.
How We Can Help You
Murthy Law Firm attorneys provide advice and representation on a full range of complex, as well as more routine AOS and CP cases, and issues related to these legal matters. We provide assistance with the preparation and submission of both AOS and CP cases, and representation throughout either process. Our attorneys can provide advice as to the most appropriate option and the eligibility and documentary requirements for each one.
In certain instances, we can take over representation after an AOS or CP case has been initiated to address requests for evidence (RFEs) or job changes under AC21 portability. If appropriate, we can file motions to reopen after an AOS denial. Our attorneys can advise as to when it may be appropriate to apply for employment and travel authorization documents and can represent individuals at local USCIS office interviews. Our experience in AOS and CP cases also includes: Child Status Protection Act for children who are “aging out” and inadmissibility waivers.
For AOS/CP news, information, complexities, and options, as well as Murthy Law Firm success stories in such cases, see the Employment-Based, Permanent Resident page. You may also search the site for a particular topic, and narrow your search by category.