Wednesday 9 May 2012

An Immigration Law firm in New York talks about the various aspects of Consular Processing

Every year there are different people who are in the various stages of applying for the green card that makes them lawful permanent residents. Many applicants seek guidance from various immigration law firms in the New York City to build up a strong case in their favor. Those applicants who have applied for a green card from overseas may have to undergo the procedure of consular processing. An immigration law firm New York services can be useful for an applicant filing applications for consular processing and adjustment of status.

In the section below, an immigration law firm New York helps to educate us on the topic of consular processing

Understanding the difference between consular processing and adjustment of status

It is common for an immigrant to be confused about the difference between consular processing and adjustment of status. It is quite common for an immigrant who has any approved visa petition by filing I-130 and I-140 to find that his/her priority date has emerged along with a visa number. In such conditions due to the geographical constraints, the applicant submits the application along with appearing for the interview in his/her home country. On the other hand, adjustment of status means that the green card portion of the application is given to the applicant by immigration authority such as U.S. Citizenship and Immigration Services (USCIS) only within the United States of America.

Who all can opt for the consular processing?

The consular process is applicable in the case of applicants they are oversees. This is the routine procedure overseas applicants and the best route for getting themselves a green card. It needs to be understood that a mere physical presence in the United States will not accelerate the green card process and avoid consular processing that has the waiting time of many months. In the past, various applicants have arrived in the US looking to avoid the consular processing on tourist and other types of visas. However, this has only acted as impediments in the routine procedure of green card process.

What are the pros and cons of consular processing? There are various advantages of this procedure, an important one is that it provides a lawful stay to the applicant until a decision is given on the application. This is applicable even in cases where the visa has expired. The other advantages of this process include a work permit for the applicant and the permit to leave the US if applied for an “advance parole.” On the downside if the application is rejected, the applicant faces removal proceedings if he/she has an expired status.

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