When pursuing a green card through the EB-3 Unskilled visa program, there are two main pathways: adjustment of status and consular processing
Consular Processing (CP) involves completing the immigration process outside the U.S. at the U.S. consulate in the applicant's home country, while Adjustment of Status (AOS) allows an individual to file their application within the U.S.
AOS applicants can receive a work permit a few months into the process (Form I-765), whereas CP applicants cannot work during the processing period.
Once approved in CP, an EW3 Visa is issued, serving as a temporary green card valid for one year before the physical green card is mailed upon the applicant's arrival in the U.S.
Adjustment of status is available to individuals who are already present in the United States under a nonimmigrant visa status or other qualifying circumstances. To apply for adjustment of status, applicants file various forms, including the I-485 (Application to Register Permanent Residence or Adjust Status), I-765 (Application for Employment Authorization), and I-131 (Application for Travel Document). These forms are filed with the United States Citizenship and Immigration Services (USCIS). Adjustment of status allows applicants to remain in the US while their green card application is being processed.Applicants typically include Form I-765 (Employment Authorization Document) to obtain a work permit during the process, allowing them to begin working for their sponsor before the green card is finalized.
On the other hand, consular processing is applicable to individuals who are outside the United States or are ineligible for adjustment of status. With consular processing, applicants file the DS-260 (Online Immigrant Visa Application) through the Department of State's Consular Electronic Application Center (CEAC). This process involves attending an interview at a US embassy or consulate in their home country or country of residence.After successful processing, applicants are issued an EW3 Visa, which serves as a temporary green card valid for one year. The physical green card is then mailed to the address provided after entering the U.S.
Both adjustment of status and consular processing are methods to obtain a green card, but they differ in terms of location and filing procedures. Adjustment of status is for individuals already present in the US, while consular processing is for those outside the country. Understanding the specific requirements and procedures associated with each process is crucial to determine the most appropriate approach for an individual's circumstances. Circumstances such as running out of valid status in the U.S., needing to leave the U.S., or timeline delays due to retrogression might prompt individuals to consider switching to consular processing. For this transition, consulting with an immigration attorney and understanding the expected timeline of 2-4 years for consular processing are critical.
Steps to Switch to Consular Processing
Switching from AOS to CP typically involves the following actions:
Consult an Attorney: Before making the decision, discuss your case's specifics, such as eligibility and potential outcomes, with a qualified immigration attorney.
File Form I-140 as Consular Processing: If the petition has been previously filed as AOS, coordinate with your legal team to update the case strategy.
Prepare for Additional Costs: Be prepared for any legal fees or administrative steps required to finalize the switch.