Do I Need Consular Processing for Permanent Residency?

You may obtain permanent residency in the United States in one of two ways: through an adjustment of status or consular processing. An adjustment of status allows you to remain inside the country during your application process. However, you may be unqualified for this option under certain circumstances. If so, you may have to petition through consular processing, which takes place abroad. With that being said, please read on to discover whether you need to undergo consular processing to obtain permanent residency and how one of the seasoned Lancaster, PA consular processing lawyers at Lupton Law LLC can help you better understand your eligibility before moving forward.

When do I need consular processing for permanent residency?

For one, if you are currently residing outside of the United States, gaining permanent residency through consular processing may be your only avenue. This is because you must petition abroad for an immigrant visa through a U.S. Department of State embassy or consulate in your home country or where you currently legally reside. This is only after your sponsor files Form I-130, Petition for Alien Relative, or Form I-140, Immigrant Petition for Alien Worker, on your behalf and earns the approval of the United States Citizenship and Immigration Services (USCIS).

Secondly, though, you may still need to undergo consular processing even if you currently reside in the U.S. This is if it is discovered that you initially entered the country without proper inspection by an Immigration and Customs Enforcement (ICE) official at a port of entry. Or, if your priority date is not current, meaning your place in line for a green card is not yet available due to annual visa number limits.

Can my eligibility for an adjustment of status be preserved?

Before you resign to the fact that you must exit the United States to pursue consular processing, you must seek counsel from your lawyer. This is especially true if you must depart because it was found that you entered the country illegally or committed an immigration violation during your stay. As with this, you may be hit with a three- to 10-year re-entry ban, making your opportunity for permanent residency more delayed and overall challenging.

At this time, your lawyer may advise you on potential opportunities to remain eligible for the adjustment of status process. For example, the Immigration and Nationality Act (INA) allows individuals who had qualifying immigration petitions or labor certifications filed for them on or before April 30, 2001, to adjust their status from the U.S. Also, the Violence Against Women Act (VAWA) exempts you from adjustment of status barriers if you experienced battery or extreme cruelty from a U.S. citizen or lawful permanent resident family member.

Lastly, if you are the spouse, unmarried child under 21, or parent of a U.S. citizen, you may be granted more forgiving grounds for an adjustment of status. If all else fails, though, and consular processing is necessary, your lawyer may guide you on whether you need to file a waiver of inadmissibility before leaving for your consular processing. This is so you may effectively eliminate the possibility of a re-entry ban.

You should not let the pressure of obtaining permanent resident status rest solely on your shoulders. Please allow one of the competent Lancaster, PA consular processing lawyers from Lupton Law LLC to assist you through your legal strategy. We look forward to helping you build a case. Give us a call today.