Adjustment Of Status Or Consular Processing

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Permanently Residing In The United States

About 1,000,000 people immigrate to the United States every year. More than have of those immigrate through an Adjustment of Status (AOS) process, wherein they are already in the United States under a different visa (a non-immigrant visa, such as a student or visitors visa) and then elect to change their status to an immigrant visa. Other immigrants go through Consular Processing, meaning that they apply through the U.S. Consulate, usually in their home country, to become a permanent U.S. citizen and then enter the United States as a permanent resident. Both paths are valid options for permanent residency, and which one you choose often depends on your personal circumstances, your current location, and whether or not you are already in the United States on a visa at the time. Speaking to an immigration lawyer about your options can help you determine a clear path to residency and get the process started.

Knowing which path is right for your situation is vital. Applying through the incorrect path could result in a refusal and end up delaying or even preventing your move to the United States as a permanent resident.

The Two Paths to Permanent Residency

The Immigration and Nationality Act, INA, provides an individual with two primary paths to obtain permanent resident status in the United States, as discussed above:

Adjustment of Status (AOS)

Applying for adjustment of status is the final step in getting a Green Card. In order to file an Adjustment of Status (AOS), an alien must be physically present in the United States, with a non-immigrant visa and be able to change this status to an immigrant status (i.e. permanent resident status, without having to return to their home country).

Consular Processing

is an alternate process for an individual outside the United States (or who is in the United States, but is ineligible to adjust status) to obtain a visa abroad at a U.S. Consulate and enter the United States as a permanent resident.

Knowing which path is right for your situation is vital. Applying through the incorrect path could result in a refusal and end up delaying or even preventing your move to the United States as a permanent resident.

Which Immigration Option is Right for You?

When you work with our immigration lawyer in the Bronx, our office will start by determining your basis to immigrate. We’ll then file an Immigrant Petition and ensure that you fit into one of these categories:

  • Family-based categories
  • Employment-based categories
  • Special Classes of Immigrants (widower or Battered Spouse)
  • Qualify under a Humanitarian Program

Our office will also make you aware of the benefits of applying for an I-485 (sometimes called a “green card”). While your I-485 application is pending, we’ll also discuss the benefits of applying for Advance Parole, EAD Work Permit and the opportunity for you to have a legal stay in the US without maintaining your non-immigrant status. Our immigration lawyers assist you in understanding if you were inspected, admitted, or paroled into the United States, and whether you meet all of the required qualifications for a green card (permanent residence).

For those who are entitled to the concurrent filing of an I-485, adjustment of status application with an I-140, immigration petition (typically, EB-1, and EB-2 petitions), we will take you through the steps necessary to obtain an adjustment – if visa numbers are available to the beneficiaries at the time of filing.

Working With an Immigration Lawyer
Can Put Your Mind at Ease

Immigration is a constantly changing field of law, especially in today’s political climate. The rules for certain immigration paths can change on a weekly basis, and for someone who is trying to legally obtain permanent residency, it can feel confusing and overwhelming when you attempt to go through the process on your own. That’s why so many people who have gone through the process recommend to others that they hire an immigration lawyer. Our team will make sure that you understand all of the steps involved in becoming a permanent resident of the United States and help you create an application that gives you the best chance of a positive outcome for your case. You’ll have someone on your side who can answer your questions and who understands the intricate details of the law, giving you an advantage when it comes to applying for your Adjustment of Status or when going through Consular Processing.

The Law Offices of Diron Rutty, LLC may be able to help you find the clear path to legal permanent residency. If you want to move to the United States or remain here as a legal citizen, start by getting a consultation with our team. We’ll discuss your current status and what options you have to move forward with your application. The consultation is confidential and can give you valuable information about the next steps you need to take in order to remain in the United States.

If you have questions on attaining permanent residency, please do not hesitate to contact the immigration and family lawyers at Law Offices of Diron Rutty, LLC  at (718) 324-0404 or (845) 849-9201. We’re looking forward to speaking with you soon.

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