818-850-3080
If you live near Glendale and dream of securing permanent residency in the U.S., you’re at a crucial crossroads. It is more than a legal decision; it’s about keeping your family together and building a stable future in Southern California. Choosing the right legal path prevents unnecessary delays or complications.
How do you decide between Adjustment of Status (AOS) and Consular Processing (CP)? Our Law Office of Nancy Reyes Guarderas, A.P.C. team provides the compassion and clarity you need. We want you to fully understand both options so we can choose the best route together.
Understanding Your Two Paths to a Green Card
Choosing the correct pathway to permanent residency in the United States, whether through Adjustment of Status (AOS) or Consular Processing (CP), is a critical decision that hinges on an individual’s current location, immigration history, and eligibility criteria. Understanding the nuances of each process is essential for a successful outcome.
Adjustment of Status (AOS): The Domestic Path to a Green Card
AOS is for those in the U.S. who meet legal requirements to change their non-immigrant status to a lawful permanent resident, allowing them to get a Green Card without leaving the U.S. Benefits include staying in the U.S. throughout the process, applying for work authorization (EAD), and obtaining travel permits (Advance Parole). Eligibility generally requires lawful entry and maintained status, with exceptions. Certain bars, like criminal convictions, can disqualify an applicant.
Consular Processing (CP): The International Route
CP is for individuals outside the U.S. or those in the U.S. who don’t qualify for AOS. It involves working with a U.S. Embassy or Consulate abroad, requiring international travel and potentially causing family separation due to delays or re-entry bars. CP is mandatory for those residing abroad who entered the U.S. illegally, have significant immigration violations, or are legally required to process their visa abroad. Waivers for inadmissibility exist but are complex.
Making the Right Choice: Key Considerations
An experienced immigration attorney should always decide AOS and CP. Factors include current location, manner of U.S. entry, immigration history, approved immigrant petition, processing timelines, and family impact. The choice is highly individualized, requiring a thorough assessment of personal circumstances and legal history.
The Critical Question: Location, Eligibility, and Risk
The decision between AOS and CP is not always simple; sometimes, the law chooses you. When you have a choice, we guide you to consider location, eligibility, and risk.
Why Your Location and Travel Matter
AOS allows you to maintain your established life if you reside with your family in Glendale or work in Burbank. Consular Processing requires you to leave the United States. For clients who have lived in the U.S. for many years, the journey can feel daunting, creating emotional and financial strain and separating you from your Southern California home.
The Problem of Inadmissibility and Risk
It is the most important distinction. To secure permanent residency, you must prove you are “admissible” to the U.S. Issues like certain criminal offenses, prior immigration fraud, or long periods of unlawful presence can make you inadmissible.
If you are inadmissible and pursue AOS, USCIS may deny your I-485 application. This denial could lead to you being placed in removal proceedings before the Los Angeles Immigration Court. While you can often fight your case or apply for waivers from within the U.S., denial is a serious setback.
If you are inadmissible and pursue CP, you must seek an inadmissibility waiver before your interview. If the consular officer denies your visa, you remain outside the U.S., and appealing that decision is extremely difficult. The risk of separation from your California home is immediate and severe.
Our Approach to Complex Cases
Because our team handles complex cases, including those with criminal backgrounds, we assess your potential inadmissibility issues before filing. We scrutinize your history to determine if a waiver is needed and whether it should be filed with USCIS or the consulate. This preparation is critical to helping you avoid a denial and keeping your family’s goals on track.
Why Thoughtful Guidance Matters in Southern California
Navigating federal immigration law can feel overwhelming, particularly when the choice affects your family. The Law Office of Nancy Reyes Guarderas, A.P.C., is rooted in the immigrant experience, allowing us to approach your case with the help and compassion you deserve.
We recognize that our community in Glendale, the San Fernando Valley, and throughout Los Angeles County depends on accurate, dedicated legal support. We apply our knowledge of the federal system to your local circumstances, whether your case requires engagement with the Los Angeles USCIS Field Office, the National Visa Center, or a consulate abroad. We promise to listen carefully to your story and select the pathway that provides you and your loved ones the highest stability and security. We are siempre lista, always ready, to help you achieve your goals.
We encourage you to talk with our team if you weigh the risks and rewards of an Adjustment of Status versus Consular Processing. We offer a chance to review your specific facts and provide the necessary clarity. Contact us today to discuss your path to permanent residency by calling us at 818-850-3080.
