Once your petition for green card is approved, you can either opt for consular processing or adjustment of status. Consular processing is generally done at the US Embassy/Consulate outside the US whereas adjustment of status is done while you are inside the US.
Green Card Petition
Generally, the petition for green card must be filed by your US sponsor – relative or employer with the USCIS in the US. The date on which the USCIS receives the petition will your priority date. If the petition is filed by your employer and requires labor certification, the priority date will be the date on which the Department of Labor receives the application for labor certification. When your priority date becomes current, you can apply for your green card either through consular processing or through adjustment of status.
Consular Processing
In consular processing, you must apply for your green card or immigrant visa at a US Embassy/Consulate outside the US, generally in the country of your residence or your birth. You will be required to undergo an interview and medical examination as part of consular processing. When you apply for consular processing, you must submit the following documents:
- DOS Form DS-230, Application for Immigrant Visa and Alien Registration Form
- USCIS Form I-864, Affidavit of Support (completed by the sponsor). This requirement may not apply to you if you are applying for immigrant visa based on an employment petition
- Copy of the USCIS Form I-130 or the USCIS Form I-140 as filed and notice of approval.
- Police certificates from every country where you resided for more than one year since the age of 16
You cannot apply for a work permit prior to your green card if you are using consular processing.
Adjustment of status
Adjustment of status refers to the procedure for becoming a lawful permanent resident without having to leave the US. The application for adjustment of status must be made on Form I-485 Application to Register Permanent Residence or Adjust Status. The application must be submitted to the USCIS office having jurisdiction over your place of residence in the US. You must also submit a copy of the notice of approval. Adjustment of status takes longer time compared to consular processing. Adjustment of status is considered discretionary. USCIS may deny an application for adjustment of status even where none of the statutory bars apply. You can apply for a work permit while your application is pending. You can also leave the US while your application is pending if you have applied for and obtained parole.
Getting Legal Help
Consult with an experienced US immigration attorney. The attorney can study your case and assist you choose the best option.
