There are two ways to get a green card in the U.S. One is through consular processing and the other one is through adjustment of status. Consular processing is the process of applying for and getting an immigrant visa from an overseas U.S. embassy or consulate and then going to the U.S. with that visa. But a person can go through adjustment of status while in the U.S. However, they need to be on a valid nonimmigrant status in the U.S. at the time of applying to adjust status.
For a prospective immigrant who is outside the U.S., the only way to immigrate to the U.S. is by going through consular processing. But those in the U.S. can go for adjustment of status that will not require them to leave the U.S. to get immigrant status.
One can apply for consular processing when the From I-130, Petition for Alien Relative, filed on behalf of them by their relative, has been approved and when their priority date is current. They will be notified when a visa number becomes available and that is when they can apply for an immigrant visa at the overseas consulate or embassy.
Those who go through consular processing will not be able to get U.S. work permits or advance parole while their applications are being processed. However, they may be allowed to travel to the U.S. on temporary nonimmigrant visas like the visitor visa, while their applications are being processed. Consular processing applicants will have to attend an immigrant visa interview, submit a police report and undergo a medical examination at an overseas U.S. consulate before getting their visas through consular processing.
Prospective immigrants going through adjustment of status will need to attend interviews in the U.S. and submit biometrics information. They also need to have a health examination by a USCIS certified doctor. Adjustment of status applicants can complete their whole green card process in the U.S. and need not return to their home countries for the same.
Some categories of applicants will need to wait for the approval of their immigrant petitions and priority date to become available to apply for adjustment of status. However, immediate relatives of U.S. citizens, for whom visa numbers are immediately available, can file the immigrant petition and the applications to adjust status concurrently.
