I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.
Here are some information I found from a law professor, and below that I have included a link to the INS site and have given you their customer services number:
Adjustment of Status and the Consular Process
Immigrant visas, or "green cards," entitle aliens to lawful permanent residence status in the United States. There are two methods of obtaining an immigrant visa: Either through adjustment of status or the consular process.
ADJUSTMENT OF STATUS
Aliens meeting the requirements set below may be eligible for permanent residency by applying to adjust their status while still in the United States.
The requirements for adjustment of status are generally:
· Legal entry into the United States:
The alien seeking adjustment of status must have been admitted or paroled into the U.S. after being inspected
by an INS officer at the port of entry. There is a 'Grandfather' exception to this rule, in which he/she can pay a penalty of $1,000
if the 'petition' was submitted to the INS before January 14, 1998., when the law "sunset".
· Continuous lawful status:*
It is required that the adjustment applicant has never violated his/her status in any way. There are a few exceptions to this 'basic
rule.' Otherwise, he/she has to pay a penalty (if petition was submitted before January 14, 1998), as explained above.
· Legal status at filing time *
· Further miscellancious requirements:
(a) not admitted into the U.S. as an alien crewman
(b) not entered the U.S. in transit without a visa
(c) not entered under the Visa Waiver Pilot Program ( except immediate relatives )
(d) not admitted to the U.S. as a conditional permanent resident based on a spousal relation-
ship or an investment
(e) adjustment application is not based upon marriage enterd into during pendency of
removal or related judicial proceedings
Please not that these are just a few common requirements and are only intended for general information.
There may be more requirements depending on the individual immigration case of an applicant. Besides,
some requirements allow exceptions and waivers.
· Eligibility ( through an approved petition ):
The alien is eligible for immigration as an immediate relative of a U.S. citizen, as a person selected
under the diversity program or as a preference immigrant sponsored by family or employer.
· No inadmissibility grounds
The alien mustn't be subject to inadmissibility grounds.
· No foreign travel:
While the application is pending, the alien shouldn't leave the U.S. unless an advance parole is
approved. Otherwise, his/her application won't be valid anymore.
The advantages of adjustment of status:
· Time and expense of returning to applicant's home country for consular processing are avoided.
· The alien may receive a temporary work permit at the time of filing.
The adjustment of status procedure:
Each INS office has its own procedure for filing the application. Generally, however,
· The applicant must file an application with the local INS office either in person or by mail.
· INS will review the application and may interview the applicant at time of filing or on a later date. Some INS offices may waive the interview.
· Applicant receives a visa number upon a satisfactory interview.
Aliens who do not qualify for adjustment of status may apply for an immigrant visa at a U.S. consulate.
THE CONSULAR PROCESS
This is the process of obtaining an immigrant visa from U.S. consulates abroad. Eligibility will be determined by priority dates and numerical limits of eligible persons based upon applicant's home country. According to a recent law change, aliens staying unlawfully in the U.S. may be barred from re-entering the U.S. This law starts counting the days of unlawful status from April 1, 1997. Thus, persons leaving before September 27, 1997 won't be affected by this law. Otherwise, an illegal stay for more than 180 days will bar the alien from re-entering the U.S. for three years. A ten year bar applies if the alien stays illegal in the U.S. for one year or more.
The Procedure:
· Applicant must file at a consulate in the consular district in which the applicant resides or last resided. In a few cases, a consulate in a third country, i.e. a country where the applicant neither resides nor last resided, could be used.
· Application will be sent to the Immigrant Visa Processing Center where the preferential order in which consideration will be given is determined.
· If it is determined that a visa is not available for immediate processing, the applicant will receive a letter stating when they may anticipate an appointment.
· If a visa is available for processing, the applicant will receive a Packet III which includes a request for biographical information and a showing of the applicant's financial support. Some consular posts may even require fingerprints.
· If the request is satisfied, the applicant will receive a Packet IV which includes a request for a medical examination. The applicant must appear in person at the proper consulate with the requested items.
· A visa interview will be held at the consulate, at which time the appropriate fees will be due.
* Immediate relatives of U.S. citizens, "special immigrant" physicians, diplomats or their family members, juvenile and Armed Forces service persons are exempt from the penalty requirement.
Consular Process:
Applying for a nonimmigrant work visa
at a U.S. Consulate
YOUR TRIP TO THE CONSULATE:
When applying for a nonimmigrant work visa (such as H-1 , H-2A , H-3 or L-1) at a U.S. consulate abroad, keep the following in mind:
Approval Notice.
The single most important part of your application is the original approval notice issued by the Immigration and Naturalization Service. After receiving your visa, be sure that the consular officer gives the original notice back to you. The approval notice should be returned to your employer immediately upon entry to the U.S.
Original Documents.
In addition to the "consular kit" which your immigration attorney will have provided to facilitate your application, you should bring with you to the consulate your original credentials (diplomas, certificates, transcripts, etc.) A consular officer may want to see them, or they may not.
Passports.
It is advisable to have a passport that is valid for at least six months beyond the expiration of the visa. Upon entering the U.S., you will only be admitted for the time/length of your visa or the time your passport is valid, whichever is shorter. Also, you are required to keep your passport valid for six months beyond the duration of your visa throughout your stay in the U.S.
Processing Time.
The processing time for a visa may vary dependent upon where the application is filed. Be advised that you may be required to return to the consulate a day or two later to retrieve your passport with the visa or depending on where you live you may have to send your application and documents by mail or put them into a drop-box.
Fees.
There is no fixed fee schedule common to all U.S. consulates around the world. Some consulates do not charge any fee at all. However, you should be prepared to pay a fee of US$50 to US$200 (which you may pay with U.S. or local currency.)
Photograph.
You will need to submit a recent passport-type photograph. It must be 1½ inches square (37 X 37 mm) with your usual signature on the reverse.
Dependents.
If you have a spouse and/or child(ren) applying for derivative visas, you must present to the consulate proof of your relationship (marriage certificate and/or birth certificate.) Be sure to have certified copies of these documents with you.
Consular Hours.
Before going to the consulate, please remember to check their business hours. Many consulates only accept applications in the mornings.
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