0x0.jpg

VISAS & ADJUSTMENT OF STATUS

There are many ways an immigrant can enjoy temporary or permanent stay in the U.S.  In order to live and work in the U.S, a foreign national will need a work visa or have a permanent residency card called in simple terms “green card.”

 

Immigration laws are complex and change frequently. If you are seeking legal advice, don’t look further. De Maio Law will assist you in completing your application and guide you through the process with care and expertise.

 

Visa applications

Visas are permissions to enter and stay in the U.S for a specified period. The purpose of the visit will determine the type of visa that you will need. 

 

There are several visa categories. This is not an exhaustive list.

  • Tourism

  • Fiancée 

  • Business

  • Exchange visitor

  • Study or training

  • Temporary worker

  • Employment

  • Investors

 

Visa applications have conditions and restrictions. It is important to discuss your situation with De Maio Law, so that you have the best chance of approval.

The American Visa in a passport page (USA) background - selective focus.jpg

Adjustment of Status & Consular Processing

Adjustment of Status

There are two ways in which you can become a legal permanent resident based on an approved I-130 petition. If you are the beneficiary of a green card’s petition and you are in the U.S, you may apply for adjustment of status in the U.S. However, if you are residing outside the U.S, then you will need to apply for consular processing.

 

Adjustment of status is the process that you can use to apply for lawful permanent resident status (also known as applying for a Green Card) when you are present in the United States. This means that you may get a Green Card without having to return to your home country to complete visa processing.

  • If you are already in the United States, you can apply for permanent resident status without having to return to your home country to complete processing. This process is called adjustment of status.

 

Consular processing: Once you are the beneficiary of an approved immigrant petition and an immigrant visa number is immediately available to you, there are two ways to apply for lawful permanent resident status (a Green Card). 

  • If you are outside of the United States, you may apply at a U.S. Department of State consulate abroad for an immigrant visa in order to come to the United States and be admitted as a permanent resident. This pathway is referred to as consular processing.

 

Differences between the adjustment of status and the consular processing:

Adjustment of Status

  • Quicker processing time. 

  • You may able to work and apply for travel benefits. 

  • You may obtain a social security number and driver’s license. 

  • You may have an attorney present during a Green Card interview.

  • If you application is denied your adjustment of status may be appealed.

 

Consular Processing

  • Can be a lengthy process while your application is processed.

  • You will not be able to have a work authorization.

  • You will not be able to travel to the U.S during processing which can be emotionally difficult for families.

  • This process involves the U.S. Consulate office, National Visa Center, and USCIS.

 

If you want to adjust your status or request consular processing, please call De Maio Law at (786) 100-7411.