Consular Processing EB-3 is one of two paths to complete the final step of an immigration case, alongside adjustment of status. Which path you follow depends on where you currently are. This article compares the two paths clearly so you know which case applies to you.
Both paths lead to the same result, a Green Card, but the process and location differ. Understanding the difference helps you prepare correctly.
What is Consular Processing EB-3
This is the path for people outside the US, for example an applicant currently in Vietnam. According to U.S. Department of State, the case is processed through the consulate or embassy in the home country.
The applicant completes the steps, attends a consular interview, and after being issued a visa, enters the US as a permanent resident. For the majority of Vietnamese applicants currently in the country, this is the most common path.
What is Adjustment of Status
Conversely, adjustment of status is the path for someone lawfully inside the US at the time their priority date becomes current. According to U.S. Citizenship and Immigration Services (USCIS), this person files Form I-485 to transition to permanent resident status without having to leave the country.
This path suits someone who previously entered the US under a different category, such as a temporary work category. They do not need to return home to process the case, but complete it right where they are.
Comparing the two paths
The two paths differ in a few key ways. In terms of location, one is processed abroad, the other inside the US. In terms of the agency, one is handled by the Department of State through the consulate, the other by the domestic immigration authorities.
In terms of benefits while waiting, the adjustment of status path can come with a work permit and a re-entry permit. With the consular path, the applicant remains abroad until issued the visa. Each path has its own pros and cons depending on circumstances.
Who should take which path
The choice of path is usually not a free choice but is determined by circumstances. Someone currently in Vietnam will almost by default take the consular path. Someone already lawfully in the US may take the adjustment of status path.
In some complex cases, where the person currently is and what status they hold will affect the choice. This is when it is worth researching carefully or consulting a professional to avoid mistakes that could affect the case.
Summary
Consular Processing EB-3 and adjustment of status are the two paths to complete the final step, differing mainly in where the applicant currently is. Those in Vietnam usually take the consular path, while those already lawfully in the US may adjust status in place. You should determine your own circumstances to know which path fits.
— —
References
- U.S. Department of State – https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process.html
- U.S. Citizenship and Immigration Services (USCIS), Form I-485 – https://www.uscis.gov/i-485
Read more: Overview of the EB-3 visa for US immigration · Common EB-3 Filing Mistakes and How to Avoid Them
