CONSULAR PROCESSING VS. ADJUSTMENT OF STATUS (AOS)
CONSULAR PROCESSING
(PROCESSING THROUGH AN AMERICAN CONSULATE ABROAD)
PROCESS:
1. I-140 is filed with INS.
2. Upon approval, INS sends the approval notice to the National Visa Processing Center (NVC).
NVC will send Baker Law Corporation (BLC) a Visa Packet III on your behalf, and forward
your file to the Consulate office in your country of nationality. BLC will send the Visa Packet
III to you for you to complete.
3. You will complete the Visa Packet III and return it to BLC. BLC will forward the completed
packet to the National Visa Processing Center (NVC)
4. Your consulate will send Appointment Package for Immigrant Visa Applicants (Formerly Visa
Packet IV) to you. BLC may also receive a copy, but in many cases you will receive this
Appointment Package for Immigrant Visa Applicants, containing information regarding your
interview date, before the law firm does. In many instance BLC will not receive the
Appointment Package at all, therefore we strongly advise you to contact our offices promptly
on receipt of this package, so that we may assist you fully through the last steps of your
Permanent Residency process.
Note: The processing time is unclear, as each U.S. Consulate differs in scheduling. (If you want
the file to be set up in Canada, you must be a Canadian citizen or current legal landed
immigrant).
PROS

Processing time may be quicker than through the traditional “Adjustment of Status” process in
the U.S. At present Consular Processing times vary from 6 WEEKS – 24 MONTHS.
CONS

Any person not a U.S. citizen runs the risk of entry denial anytime they leave and attempt to
reenter the United States.

Consular processing requires an interview. You would not have an attorney to represent you
during the interview stage, since the interview would occur overseas. As a result, we have
less control over the process. If documents are missing, or the Consular Officer wants
additional documentation that you do not have readily available (i.e., foreign police clearance,
etc.), the process may be delayed, which may require you to remain overseas until the
process is complete.

There is no formal appeal process, and travel to the U.S. is forbidden, if the application is
denied. The chances of appeal are very small.

Medical Exams and Fingerprints would be done at the Consulate office. Please visit the
Embassy web site at http://travel.state.gov/links.html for additional information on
processing as each Consular office has its own process.

All family members would be required to apply with you overseas; therefore there are
additional expenses.

The Consular Process is costly due to travel and lodging expenses. Most Employers will not
pay for travel expenses associated with this process. Ask your immigration specialist on your
company policy.

Because often the Consulate office does not provide us with much notice on the interview
date and time, last minute travel plans may be required.

No EAD card is available to employee or family members. Your spouse may not work,
and your H-1 status may expire without possibility of extension.

You must obtain a police clearance from every place you have lived for longer that six
months.

If you change your mind and would like to process via the Adjustment of Status process in
the U.S., it is possible, however, INS may request the file from the American Embassy before
adjudicating the application. Processing time will be delayed because only governmental
entities can request files.
ADJUSTMENT OF STATUS (AOS)
(PROCESSING THROUGH A REGIONAL OFFICE IN THE UNITED STATES)
PROCESS:
1. Application is filed with a Service Center in the United States, once the I-140 is approved.
2. Baker Law Corporation (BLC) mails you a copy of the I-140 Approval Notice, along with
medical exam forms (I-693) and several blue “Notices of Appearance” (G-28).
3. You will complete Permanent Resident Status Application Questionnaires for yourself and
each family member (downloadable from our website), and return them to BLC, so that we
can complete the necessary forms for filing.
(Alternatively, you can expedite the process by downloading the forms and completing them
yourself, then returning the completed forms to BLC)
4. You will gather the documents shown in the AOS checklist and return them to BLC.
5. BLC will complete the process of filing your application.
PROS

More control over the case and everything is handled within the U.S.

Employment Authorization Documents (EAD cards) are available to you, your spouse, and
children 16 years or over, and are annually extendable.

Effective 7/1/99 – international travel allowed with:
Valid H-1B or L-1 visa and original AOS receipt; or
Special Advance Parole (required if you are working on an EAD card).

H-1B extensions may be available beyond the 6th year with company approval.

An appeals process is available, and you are able to stay in the U.S. during the appeals
process.

Portability of Visa is available, however INS has not finalized its rules on this issue. Contact
BLC before using this option.

Filing a valid AOS application allows you to maintain valid status in the U.S.

No police clearances are required for previous residences in the U.S.

Age-out process may be expedited.
CONS

INS is currently taking from 6 months to two years to process Adjustment of Status
applications. Priority processing of other types of non-immigrant benefits may take
precedence over Adjustment of Status processing.

If you change your mind and want to file your application for permanent residency status via
Consular processing as discussed above it is possible, however, to do so your employer
must file Form I-824 to have the file transferred from the INS Service Center in the U.S. to the
Consulate in your country of residence. Processing time of Form I-824 may be 12 months or
more. Please consult with your attorney before filing form I-824.
You will be eligible to apply for “Adjustment of Status” to permanent residence within the
U.S. if you have worked in the U.S. without INS authorization, or have failed to maintain
your non-immigrant status in the U.S. for six months or longer. If this applies to you or
one of your dependents, please contact our office at (408) 971-0282, as you will be
required to apply for residency status using the “Consular Processing” option at the
American Embassy in your home country.