Call today to schedule your immigration consultation 954-385-0157 or email: BAlvarado@Blandon-Law.com.

Blandon Law Immigration

Wednesday, April 7, 2010

Consular processing v. adjustment of status

     Consular processing is the method by which a foreigner obtains a visa – either to come to the United States temporarily or permanently – in an embassy or consulate abroad. Although the Citizenship and Immigration Service (CIS) handles aspects of some visas, the Department of State generally controls whether a visa is issued. Consular processing is the preferred method of becoming a legal permanent resident when a foreigner is living abroad, is ineligible to adjust status, or the person prefers processing at the consulate for strategic or convenience reasons. For example, the Dept. of State schedules interviews at some consular posts much faster than CIS schedules adjustment interviews.
     Adjustment of status is a term used for becoming a legal permanent resident when the foreign national lives in the United States. That process is entirely controlled by CIS. Some persons are ineligible to adjust, including persons who were not legally admitted or persons who are not lawfully in the country. Of course, there are exceptions to every rule. Laws such as 245(i) permit foreigners to adjust status even if they entered illegally or remained without permission. Although these laws expired many years ago, some foreigners can still obtain the benefits as “grandfathered aliens.”
    To determine whether you are eligible for either consular processing or adjustment of status, call Blandon Law at 954-385-0157.

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