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Consular Processing v/s Adjustment of Status

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  • Consular Processing v/s Adjustment of Status

    When Can I file adjustment of Status?

    You can file adjustment of status when you are already present in the United States and you meet the requirements to file. For example for a marriage case, if you entered on a valid visa (limited in some visas), even you overstay you can file for adjustment of status through marriage. However, this is not true in employment based adjustment of status unless you can benefit from the provisions of INA 245(i)

    When am supposed to file through consular processing?

    Whenever you are outside the United States, and are not eligible for a dual intent visa such as H, L, etc visas, you should file for consular processing. There might be other reasons when you should go through consular processing.

    Can I chose adjustment of status over consular processing or vice versa?

    Yes, sometimes you can chose which one you want. However, in case you overstayed in the US, consular processing can be devastating. Talk to a good immigration lawyer before you leave. Other times, you just cannot adjust status in the United States.


    Deciding whether you should opt for adjustment of status or consular processing can be decisive in any case. I will recommend that you talk to a good immigration lawyer before you make any decision on the matter. The above guide is very limited just to warn on the importance of deciding between the two options. Our law firm has handled many adjustment of status and consular processing cases successfully. We are located in the Bay Area California.


    Disclaimer: One should not act or refrain to act based on the legal guide above. Each case is different, and you should contact a licensed attorney before you decide which option to take. No attorney-client relationship is created unless an agreement is signed by both parties.

    For more information visit
    Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal ****yst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques.

    For updates follow us onYoutube, Radio, Facebook, Twitter and LinkedIn. Shah Peerally Law Group PC deals in immigration law - and
    Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on
    Information provided above is for educational purposes only. One should not act or refrain to act solely based on the information provided. You should consult an attorney to assess your case before proceeding.

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