Obtaining an immigrant visa or an adjustment of status are the two ways one can get a green card in the United States. Both of these processes can take a while and require a lot of effort on the part of the immigrating individual, but they can each be appropriate in their own ways for different people in different situations.
What Is Adjustment of Status?
According to the U.S. Citizenship and Immigration Services, adjustment of status is the process by which an individual can apply for a lawful and permanent residence in the United States if they are already present in the country. Through this process, an individual can apply for a green card and will not have to return to their home country in order to legally obtain it. Everything can be done from inside the United States.
The steps for an adjustment of status are as follows:
- Step One: Determine if you are eligible for a green card.
- Step Two: File an immigrant petition.
- Step Three: Check visa availability.
- Step Four: File form I-485.
- Step Five: Go to your application support center appointment.
- Step Six: Go to your interview.
- Step Seven: Respond to any requests for any additional evidence.
- Step Eight: Check your case status.
- Step Nine: Receive a decision.
What Is an Immigrant Visa?
Also known as consular processing, the process of getting an immigrant visa is the way in which you can obtain legal status to reside in the United States from outside the country. According to the USCIS, you must first become the beneficiary of an approved immigrant petition, and you must obtain an immigrant visa number, which will occur immediately afterward. Then, you may apply for an immigrant visa and go through consular processing.
The steps for consular processing are as follows:
- Step One: Determine your basis to immigrate.
- Step Two: File the immigrant petition.
- Step Three: Wait for a decision on your petition.
- Step Four: Wait for notification from the National Visa Center.
- Step Five: Go to your appointment.
- Step Six: Notify the National Visa Center of any changes.
- Step Seven: Receive your Visa Packet.
- Step Eight: Pay your USCIS immigration fee.
- Step Nine: Arrive in the United States.
- Step Ten: Give your Visa Packet to the boarder protection officer at your port of entry.
- Step Ten: Be admitted.
- Step Eleven: Receive your green card.
What Are the Main Differences Between Adjustment of Status and an Immigrant Visa?
The biggest difference between these two processes is that the first can be carried out by someone who is already inside the United States and wants to obtain a green card. The second is specifically for individuals who are outside the United States and want to obtain a green card so they can come to the country. Both are legal means of obtaining the status necessary to legally live and work in the United States.
Those who are already in the United States may not want to leave the country in order to gain the necessary information and status to legally live here. As such, they can apply for an adjustment of status that requires them to do everything necessary to receive a green card (receive a health examination, go through the interview process, etc.) while still in the country. For an individual who is outside the United States, the only way they can legally immigrate is through consular processing, according to the American Immigration Center.
Some individuals may also need to wait for their immigrant petitions to be approved in order to apply for their adjustment of status. Those who have relatives who are United States citizens, however, and who have immediately available visa numbers can sometimes ask their relatives to file their immigrant petitions and their applications for adjustment of status at the same time.
Which Is Right for Me?
If you are already in the United States and you want to receive your green card, you can do so legally through the adjustment of status process. However, if you are not currently in the United States, the only way you can legally enter is through consular processing or applying for an immigrant visa. These are the two choices, and the one that is best for you is most easily based on whether or not you are currently in the country.
Of course, there are many more specifics associated with each process, but based on your current living situation, you can pick the one that best suits you.