Adjustment of Status and Consular Processing

Our immigration laws allow qualified individuals to enter the United States as lawful permanent residents (green card holders) after they obtain immigrant visas from a consulate or embassy outside the United States or, for many immigrants already lawfully in the United States, through a process called adjustment of status. If you entered the United States unlawfully, if you entered with permission but did not stay in lawful status, or if you worked without permission, you normally would have to leave the United States in order to apply for an immigrant visa. Special rules under section 245(i) may allow you to apply to adjust status without leaving the United States. Consular processing and the Adjustment of Status process is begun by the filing of an I-130 Petition for Alien Relative by the U.S. citizen petitioner. The I-130 petition pertains to the sponsoring of family members -- siblings, parents, and children. Parents, spouses and unmarried children under 21 years of age of U.S. citizens are considered immediate relatives which means they may receive authorization to adjust their status at any time. Family members excluding parents, spouses and unmarried children under 21 years of age of U.S. citizens are not immediate relatives and are placed into preference categories which determines the level of priority they are given to either obtain an immigrant visa abroad or adjust their status within the United States. The preference categories are as follows: (a) First preference: Unmarried adult (21 years of age or older) sons/daughters of U.S. citizens. (b) Second preference: Spouses of lawful permanent residents and unmarried sons and daughters of lawful permanent residents. (c) Third preference: Married sons and daughters of U.S. citizens. (d) Fourth preference: Brothers and sisters of adult U.S. citizens. Depending on the preference category, and by consulting the U.S. Department of State Visa Bulletin, the amount of time it takes in order for a specific category to come "current" (i.e., a visa is now available) is dependent on the country of chargeability. Bear in mind, that immediate relatives do not have to "wait in line" for a visa and can obtain an immigrant visa or adjust their status subsequent to the approval of the petition for alien relative.