For many immigrants, a green card is a lifeline to a stable future and life in the United States. Green card holders (also known as US permanent residents) have rights that other foreign nationals do not. It is also a prerequisite for citizenship.
If you or your relative is an immigrant, obtaining one can ease fears. Those looking to receive permanent residency status have two primary ways to accomplish this:
- Adjustment of Status (AOS)
- Consular Processing
The road to obtaining a green card may look different depending on your circumstances. Evaluate your family’s situation and see which fits you best. Two paths, different timelines and risks: let’s briefly compare.
Adjustment of status
Individuals already present in the United States can apply via the AOS process. The agency that handles AOS applications is the US Citizenship and Immigration Services (USCIS). You must fulfill the specific eligibility requirements of your immigrant category for AOS.
If you are physically in the country and fit a green card eligibility category, you may apply via AOS. Your close family members may qualify for family categories if you or a loved one are citizens.
Keep in mind that AOS applications may take longer to process due to USCIS backlogs. And without temporary work or travel permits such as the Employment Authorization Document or Advance Parole, you risk your application. It results in automatic abandonment of your application and forces you to restart the process outside the US.
Consular processing
Those who are outside the United States can apply via consular processing. Through this method, a US citizen, lawful permanent resident or US national, can act as a sponsor. For example, a relative will need to file an I-130, Petition for Alien Relative. For example, if you are a US citizen with a spouse abroad, you can sponsor them.
Consular processing allows you or your loved ones to sponsor eligible relatives in home countries. Immigrants with US company sponsors also use this pathway to obtain a green card. The USCIS requires filed petitions in nearly every category except certain humanitarian programs.
Once approved by the USCIS, the National Visa Center (NVC) will process your application. Consular processing is typically faster, with lower upfront filing fees than AOS.
Best choices
The “best pathway” for your family depends on your specific situation. If you are physically in the United States, filing for adjustment of status makes sense. If you are hoping to help your non-citizen relative in another country, then consular processing can help.
Visit the USCIS.gov website to learn more about specific forms, eligibility requirements and immigration categories. Consulting an immigration law professional can help you identify the best pathway and ensure accuracy in compiling forms.