Adjustment of Status vs Consular Processing
Adjustment of Status
This process allows someone to file for the green card here in the U.S. The most common ways to do this:
Consular process
The vast majority of people here came “illegally”. Our government allows those people to still get a “green card” but they have to do so outside the U.S. Thanks to a law passed under the Obama administration, they can win a required waiver for their illegal entry by proving “extreme hardship” to a qualifying relative (like a US citizen spouse or parent but not a child!). These cases take a lot longer than they used to…usually 4-5 years at least. They require several different applications with USCIS, the NVC, the consulate and a waiver. DO NOT TRY TO DO THIS ALONE. I have won hundreds of these cases and to date only had one single denial in the consulate ever (and it was because he had a crime he never told us about). I can and do win hard cases…if you have a US citizen or LPR family member come see me and we can see if you are eligible to file for your green card through them.