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Alien A is outside the U.S. Alien A is not eligible to apply for adjustment of status. A may only apply for consular processing.
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Alien B is in the U.S. and is in a valid nonimmigrant status. After B's immigration petition is approved, B may apply for either consular processing or adjustment of status.
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Alien C is in Texas. C's family-based immigration petition is approved and a visa number is available. Because the time frame for adjustment of status based on a family-based immigration petition is long, C chooses to apply for consular processing for strategic reasons.
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Alien D's National Interest Waiver petition is approved, but D's H-1B is going to expire. D may apply for either consular processing or adjustment of status. Because applying for adjustment of status has the benefit of a work permit, D chooses to apply for adjustment of status.
For other information about Consular Processing,
please click on one of the following topics below:
Description
For Whom
Examples
Procedures
Benefits
Documents Needed
Consular Processing vs. Adjustment of Status
Age Out in Consular Processing
Attorney Fees
Services that We Provide
Frequently Asked Questions about Consular Processing |