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Adjustment of status vs Consular processing for Texas immigrants

San Antonio, TX – If you’re a foreign national wanting to make Texas your permanent home and you have a relative who is a legal permanent resident in the US you can use family-based immigration laws to get a Green Card. There, you have two options. If you’re in your native country you will have to apply for a family-based immigration visa at the local consulate. However, if you’re in Texas you can choose between consular processing and adjustment of status. To go through consular processing you’ll have to return to your country, which may not sound very appealing. Yet, you may have a better chance of obtaining a Green Card through consular processing. 

If you’re wondering how to go about getting a Green Card, you should reach out to a knowledgeable immigration lawyer in San Antonio.

Consular processing works faster

The main difference between the two immigration processes is that for adjustment of status you must apply with the U.S. Citizenship and Immigration Services (USCIS). If you choose consular processing, your application will go to the US Department of State. The USCIS has a huge backlog of applications of various kinds, so you’re in for a long wait. 

If you use consular processing, you may get your visa in 5 and 12 months. With adjustment of status, you’ll have to wait at least 2 years, and that’s being optimistic.  

Adjustment of status has higher denial rates

USCIS officials can use their discretion to decide the fate of an applicant. As Texas is full of illegal immigrants, USCIS officers are not too inclined to be sympathetic to foreign nationals looking for a way to get a Green Card. Still, if your application for adjustment of status is wrongfully denied you can reach out to experienced Texas immigration lawyers and they can help you appeal the decision.

On the other hand,  consular personnel are not allowed to deny an immigration visa at their discretion, which explains why through the State Department the application denial rates are lower than with the USCIS. The problem is that you cannot appeal a decision made by a consular officer so you need to be very careful. Before choosing an immigration route, talk to experienced immigration lawyers. They will review your family situation and the likelihood of obtaining a Green Card before advising you to choose consular processing or adjustment of status. 

With adjustment of status, you don’t have to leave Texas

If you’re already living in Texas you can remain in the US while your adjustment of status application is processed. You can also apply for advance parole. This is a document that allows you to travel outside the US, for a limited number of reasons, and return to Texas without problems, although you don’t have a Green Card yet.

With consular processing, you will have to be back in your country to attend the consular interview and the medical exam. You may not be able to return to Texas for the time it takes them to process your application. 

Consular processing is cheaper

The cost of obtaining an immigration visa through Consular processing costs around $1,200 spread over time. When you apply for adjustment of status, you must pay all the fees to the USCIS at the same time, for a total of $1,750.

If you have family in Texas and you want to apply for a Green Card, get in touch with an experienced lawyer at the Law Office of J. Joseph Cohen in San Antonio. They’ll review your situation and tell you which immigration route to choose. They can also help you with the paperwork so you get your visa faster. 

Contact info:

Law Office of J. Joseph Cohen

206 East Locust Street

San Antonio, TX 78212

Phone: (210) 769-32

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