There are two main routes for obtaining permanent residence (a Green Card) in the United States: Adjustment of Status and Consular Processing. Each of these can be used in different circumstances and it is important to know the difference.
Adjustment of Status is the “Holy Grail” of the immigration process. This is what people usually prefer if they can get it. However, not everyone can qualify.
The main advantage of Adjustment of Status is that it allows the person seeking the Green Card to stay here in the United States while his Green Card is processing. If a person is in the United States when the opportunity opens for him to apply for a Green Card, and he satisfies certain conditions, he may qualify for Adjustment of Status. You generally need to already be here when the opportunity opens for you to apply. For example, a person who is here on a tourist visa for six months may meet an American and decide to get married and stay here; he would normally be able to apply for Adjustment of Status. He will not immediately be allowed to work, but he can request employment permission which will usually be granted after about four months. Another situation could be a person who is here on a temporary work visa and who qualifies for an employment-based immigrant visa. He will often be able to file for Adjustment of Status so that he can stay here and work while he waits for his green card to be processed.
The disadvantage of Adjustment of Status is that it will not work for everyone. You are not allowed to come to the US with the intent to apply for a green card. If you do that, it might work, and it might result in major immigration problems. If you have entered illegally, you cannot adjust status. For everyone except spouses, parents and children of US citizens, you cannot adjust status if you have been here illegally at all. In cases like these the applicant has to leave the U.S. and try to obtain permanent residence through Consular Processing.
Consular processing is for people who can’t, or don’t want to, adjust status. Consular processing requires that the petitioner file a visa petition in the US and, after the USCIS processes the petition, it gets transferred to the consulate or embassy in the home (or residence) country of the visa applicant. This whole process can easily take over a year for spouses, parents and children of US citizens. The process for other visa applicants who might be on a waiting list can take years. Then when it is time, the visa applicant is given an appointment for a visa interview at the consulate. After the interview, assuming he is approved, he is given a visa which gives him six months to come to the U.S. to live.
I hope this is interesting and helpful. Remember that this is not legal advice. It is just a summary of certain aspects of immigration law which may or may not apply to your situation. I encourage you to consult an attorney if you think any of this may apply to your situation.
Gunnar Armstrong