Family-Based Adjustment of Status Options

A noncitizen can pursue lawful permanent residence through a family member in two different ways—one, through consular processing at a U.S. consulate abroad,  or two, through adjustment of status at a U.S. Citizenship and Immigration Services (“USCIS”) office or Immigration Court in the United States.  For people who are already in the United States, adjustment of status is preferable if they are otherwise eligible. The adjustment process is completed entirely in the United States and thus unlawful presence bars are not triggered by a departure to attend the consular interview. It also avoids the travel costs, family separation resulting from completing the process abroad, and provides an appeal or review process, unlike consular processing.  This advisory focuses on family-based adjustment of status through INA § 245(a) and INA § 245(i).