Gloria J. D'Souza, Esq.

US Green Card (Permanent Residence)- Adjustment of Status (AOS)/Consular Processing

The last step leading up to obtaining a Green Card and lawful permanent residence in the United States is actually filing an application for a Green Card or permanent residence through a process based on the individual’s location.

Adjustment of Status and Consular Processing are two pathways through which individuals can obtain a US Green Card (permanent residence.

 

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Adjustment of Status (AOS):

This process is for individuals already physically present in the United States.

It allows eligible individuals to apply for permanent residence without leaving the US.

Eligibility for AOS typically requires that the individual entered the US legally, has an approved immigrant petition (such as Form I-130, I-140, I-360), and is not otherwise ineligible for adjustment.

The process involves applying to Register Permanent Residence or Adjust Status) along with supporting documents and attending a biometrics appointment and an interview.

If approved, the individual receives their Green Card without leaving the US.

Consular Processing:

This process is for individuals outside the United States or ineligible for Adjustment of Status.

It requires the applicant to attend an immigrant visa interview at a US consulate or embassy in their home country or another country where they have legal status.

Consular processing typically starts with filing an immigrant petition (such as Form I-130, I-140, or I-360) by a qualifying relative or employer in the US.

Once the petition is approved and a visa becomes available (if applicable), the National Visa Center (NVC) coordinates with the applicant to gather the required documents and schedules an interview at the appropriate consulate or embassy. If approved at the interview, the applicant receives an immigrant visa, which allows them to travel to the US and obtain their Green Card upon entry.

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