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Consular Processing and Adjustment of Status

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Immigration Lawyers in Chicago Can Help You Apply for Your Green Card Through Consular Processing or Adjustment of Status

The immigration process in the United States can be complex. Obtaining lawful permanent residency (a green card) may require multiple steps and coordination between several agencies. Our experienced consular processing and adjustment of status lawyers in Chicago can help you navigate the process.

There are three primary pathways to getting a green card:

Within each of these categories, there are often different strategies or pathways to apply for a green card. Typically, applicants outside the United States use “Consular Processing” (sometimes referred to as “Immigrant Visa Processing”) to obtain a green card, and applicants inside the United States use a process known as “Adjustment of Status.” However, there are always exceptions – many people inside the United States are not eligible for adjustment of status, but consular processing could still be an option for them. Working with an experienced attorney can help ensure that you are taking the best approach in your case to avoid costly mistakes.

Our team of immigration attorneys in Chicago has a wide range of experience in numerous case types, and we can help evaluate and explain the best option for you. We have helped thousands of clients worldwide navigate consular processing and adjustment of status applications to obtain their green cards. Getting your application right the first time can greatly expedite the process.

Our Immigration Lawyers Can Help You Coordinate with Your U.S. Sponsor

Several types of green card applications — including family-based and employment-based immigration — require the applicant to coordinate with a sponsor. This is usually a family member who is already a citizen or permanent resident or an employer operating in the United States. Your sponsor must file certain documentation with U.S. Citizenship and Immigration Services (USCIS), an agency within the Department of Homeland Security. For employment-based immigration, the prospective employer may also be required to file documents with the U.S. Department of Labor. After those initial processing steps, consular processing entails working with the Department of State and a designated U.S. consulate abroad to apply for the immigrant visa needed for someone to immigrate to the United States and receive a green card. In the adjustment of status pathway, applicants continue working with USCIS to apply for their green card from inside the United States.

Our Attorneys have been Guiding Clients through Consular Processing and Adjustment of Status cases since 1975.

Minsky, McCormick & Hallagan, PC has been helping people worldwide address immigration issues since 1975. Call our Chicago, IL office at (312) 427-6163 or contact us online to discuss your immigration issue with an experienced and dedicated attorney.

 

 

FAQs about Consular Processing & Adjustment of Status in Illinois

How do I know if I am eligible for consular processing or adjustment of status?

Eligibility depends on your immigration status and location. Consular processing is for individuals outside the U.S., while AOS is for those legally present in the U.S. on a valid visa or other status.

What documents do I need for consular processing?

Key documents include a valid passport, your approved immigrant petition (e.g., I-130 or I-140), financial support forms, medical exam results, and civil documents like birth and marriage certificates.

What documents are required for adjustment of status?

You’ll need Form I-485, proof of lawful entry (I-94), medical exam results, financial support documents, and any required evidence for your specific visa category.

Can I work while my adjustment of status application is pending?

Yes, if you apply for and receive an Employment Authorization Document (EAD) by filing Form I-765 along with your AOS application.

Do I need a sponsor for consular processing or adjustment of status?

Yes, most green card applications require a financial sponsor who files Form I-864, Affidavit of Support, to show they can support you financially.

What happens during the consular interview for a green card?

The consular officer will review your application, verify your documents, and ask questions to confirm your eligibility before deciding to approve or deny your visa.

Can family members be included in my consular processing or adjustment of status application?

Yes, eligible family members (e.g., spouse or children) can be included as dependents on your application.

What happens if my consular processing application is denied?

If denied, you may be given a reason and instructions to address the issue. Some denials can be appealed or reconsidered, depending on the circumstances.

What happens if my adjustment of status application is denied?

Denials are typically explained in writing, and you may be able to file a Motion to Reopen or Reconsider or appeal the decision. Consult an immigration lawyer for guidance.

Can I travel outside the United States while my adjustment of status application is pending?

Yes, but only if you apply for and receive advance parole (Form I-131). Traveling without it could result in your AOS being denied.

Can I apply for consular processing if I overstayed my visa in the U.S.?

Yes, but overstaying may trigger penalties like a ban on reentry, unless you qualify for a waiver or other exception.

How can an immigration lawyer help with consular processing or adjustment of status?

An immigration lawyer can guide you through the process, ensure your forms and documents are correct, address legal issues, and represent you in case of complications.

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