Consulate Processing
Overview
Consular Processing
is the process in which the beneficiary of an immigration petition (either
family-based
or
employment-based)
is outside the
The following aliens may need Consular Processing:
a) Persons who are
outside the
b) Persons who are
in the
Consular Processing v. Adjustment of Status
The differences between Consular Processing and called Adjustment of Status:
Consular Processing has the following characteristics:
a) The time frame for Consular Processing is quicker than Adjustment of status. From the date the immigrant visa is available, an average of 5 to 13 months processing time is expected;
b) Consular Processing must process in the foreign country of residence or country of birth;
c) An alien who chooses to apply for Consular Processing has no benefits of work permit and advance parole; and
d) If an alien chooses
to apply for Consular Processing, he must go back to the country of last residence
or country of birth for an interview and medical exam at a
Adjustment of Status has the following characteristics:
a) Adjustment of status
may be slow. For adjustment of status based on employment-based immigration petition,
an average of 1 to 2 years processing time is expected. For example, the processing
time in
b) If an alien applies
for adjustment of status, he must reside in the
c) An alien who chooses to apply for adjustment of status has the benefits of work permit and advance parole. and
d) An alien who chooses to apply for adjustment of status needs to take fingerprints and a health exam
Benefits
Needless to say, the
basic benefit of applying for Consular Processing is that the alien has reached
the final step in getting the green card. Once the Consular Processing application
is approved, the alien is able to gain permanent resident status in the