Family Immigration: Two Paths to a Green Card

Family Immigration there are two main paths to getting a green card: adjustment of status and consular processing. Both processes start with a family petition. U.S. citizens and legal residents may file petitions to obtain legal residency for certain relatives. A permanent resident can file a petition to get permanent residence for his or her spouse and single children. A U.S. citizen can file for his or her spouse, children, parents or siblings. The length of the entire process depends on many factors, all of which can be explained in detail at your consultation. 

Adjustment of Status vs. Consular Processing

A person who is getting a green card is either going to have their final interview here in the U.S. (adjustment of status) or in the country of their birth (consular processing). In general people who have petitions that were filed for them before May of 2001 or whose last entry into the United States was with inspection may be able to file for adjustment of status. Those applicants who don’t qualify to adjust status in the United States will have to go through consular processing. The more desirable option is adjustment of status, for several reasons. The process is much faster, taking months instead of years. The applicant can avoid the hassle and uncertainty of having to leave the country to immigrate through a U.S. consulate in a foreign country. An applicant for adjustment status can also avoid the expense and uncertainty of having to file an unlawful presence waiver. In evaluating a case, the first thing we want to do is see if the applicant can qualify to adjust status.

Evaluating Potential Issues in Your Case

One of the things that needs to be considered in every case is whether or not there anything in the applicant’s history that could potentially be a problem. For example, if a person has ever been detained by immigration authorities, or deported, or sent back to their country voluntarily those factors need to be evaluated carefully to make sure they don’t make the person ineligible. The same is true of a person’s criminal history, or any past use of false documents, or verbal misrepresentations to an immigration official. Every case needs to be examined with great attention to detail because applying for adjustment of status is like going through a minefield. I want to guide you through the minefield and make sure we don’t get blown up in the process. 

We want to know exactly what issues might come during your immigration process and be able to adequately address those issues and make sure that they do not derail the process. Filing for adjustment of status is a big step, and we have to be reasonably confident of success before even jumping into the process. That has always been the case but in the present environment it is more true that it ever has been before. That is because under present DHS policy a failed adjustment of status or even a withdrawn adjusted application will generally result in the applicant being placed in deportation proceedings. Right now it is more important than ever to have good legal representation guide you through the process to give you the greatest chance of success. 

Getting a Green Card – Adjustment of Status

Family Immigration: Two Paths to a Green Card

Family Immigration there are two main paths to getting a green card: adjustment of status and consular processing. Both processes start with a family petition. U.S. citizens and legal residents may file petitions to obtain legal residency for certain relatives. A permanent resident can file a petition to get permanent residence for his or her spouse and single children. A U.S. citizen can file for his or her spouse, children, parents or siblings. The length of the entire process depends on many factors, all of which can be explained in detail at your consultation. 

Adjustment of Status vs. Consular Processing

A person who is getting a green card is either going to have their final interview here in the U.S. (adjustment of status) or in the country of their birth (consular processing). In general people who have petitions that were filed for them before May of 2001 or whose last entry into the United States was with inspection may be able to file for adjustment of status. Those applicants who don’t qualify to adjust status in the United States will have to go through consular processing. The more desirable option is adjustment of status, for several reasons. The process is much faster, taking months instead of years. The applicant can avoid the hassle and uncertainty of having to leave the country to immigrate through a U.S. consulate in a foreign country. An applicant for adjustment status can also avoid the expense and uncertainty of having to file an unlawful presence waiver. In evaluating a case, the first thing we want to do is see if the applicant can qualify to adjust status.

Evaluating Potential Issues in Your Case

One of the things that needs to be considered in every case is whether or not there anything in the applicant’s history that could potentially be a problem. For example, if a person has ever been detained by immigration authorities, or deported, or sent back to their country voluntarily those factors need to be evaluated carefully to make sure they don’t make the person ineligible. The same is true of a person’s criminal history, or any past use of false documents, or verbal misrepresentations to an immigration official. Every case needs to be examined with great attention to detail because applying for adjustment of status is like going through a minefield. I want to guide you through the minefield and make sure we don’t get blown up in the process. 

We want to know exactly what issues might come during your immigration process and be able to adequately address those issues and make sure that they do not derail the process. Filing for adjustment of status is a big step, and we have to be reasonably confident of success before even jumping into the process. That has always been the case but in the present environment it is more true that it ever has been before. That is because under present DHS policy a failed adjustment of status or even a withdrawn adjusted application will generally result in the applicant being placed in deportation proceedings. Right now it is more important than ever to have good legal representation guide you through the process to give you the greatest chance of success.