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Where Was Your Immigrant Visa or Adjustment of Status Granted? The Definitive Guide

The answer to where your immigrant visa or adjustment of status was granted depends entirely on the specific pathway you took to become a lawful permanent resident (green card holder) in the United States. Simply put, an immigrant visa is granted outside the United States at a U.S. embassy or consulate, while adjustment of status is granted within the United States by U.S. Citizenship and Immigration Services (USCIS). Let’s delve into the specifics.

Understanding the Two Pathways to Legal Permanent Residency

There are fundamentally two routes to securing a green card:

Immigrant Visa Processing (Consular Processing)

This process involves applying for an immigrant visa at a U.S. embassy or consulate abroad. This is typically for individuals who are currently living outside the United States.
The granting of your immigrant visa happens at the end of a successful consular interview process. You’ll receive your immigrant visa affixed to your passport.
Upon entering the United States with that immigrant visa, you officially become a lawful permanent resident. Your green card will subsequently be mailed to your address.

Adjustment of Status

Adjustment of status is an option for individuals who are already physically present in the United States, typically with a valid non-immigrant visa (like a student visa, work visa, or tourist visa).
You apply to USCIS to change your status to that of a lawful permanent resident without having to leave the country.
The adjustment of status is granted after USCIS approves your application and you successfully complete an interview (if required). You will receive a notice of approval, and your green card will be mailed to you.

Key Differences and Determining Your Situation

The fundamental difference lies in location: Consular processing happens outside the U.S., and adjustment of status happens inside the U.S. To determine where your immigrant visa or adjustment of status was granted, consider these points:

Were you living abroad when you started the green card process? If yes, it’s likely you went through consular processing, and your immigrant visa was granted at the U.S. embassy or consulate where you had your interview. The location of that embassy or consulate is the answer.
Were you already in the United States when you applied for a green card? If yes, you likely went through adjustment of status, and it was granted by USCIS within the U.S. In this case, the exact location of the USCIS office that approved your application is typically not specifically relevant. What matters is that it was granted within the United States. The approval notice will indicate the USCIS service center that processed your case.
Check your documents: Your passport should have the immigrant visa stamp if you went through consular processing. Your USCIS approval notice (Form I-797) will confirm the adjustment of status approval.

Common Scenarios

Here are some examples to illustrate the points above:

Scenario 1: You are from Germany and applied for a family-based immigrant visa. You attended an interview at the U.S. embassy in Berlin. Your immigrant visa was granted in Berlin, Germany.
Scenario 2: You are from Canada and were in the U.S. on an H-1B visa and applied for adjustment of status based on employment. Your I-485 application was approved by the USCIS Texas Service Center. Your adjustment of status was granted within the United States.
Scenario 3: You are from Mexico and married a U.S. citizen. You returned to Mexico and applied for an immigrant visa through consular processing at the U.S. Consulate in Ciudad Juarez. Your immigrant visa was granted in Ciudad Juarez, Mexico.

Why This Matters

Knowing where your immigrant visa or adjustment of status was granted is crucial for several reasons, including:

Applications for naturalization (citizenship): The location may be relevant in certain complex cases relating to physical presence requirements or continuity of residence.
Renewing or replacing your green card: While the location of the initial grant is not usually required for a green card renewal, it might be helpful in situations with complex immigration history.
Subsequent immigration applications: For example, sponsoring family members.
Legal and administrative purposes: Various government forms and legal processes may require this information.

Frequently Asked Questions (FAQs)

1. What if I don’t remember exactly where my immigrant visa was granted?

Check your passport for the immigrant visa stamp. The stamp usually indicates the city and country of the U.S. embassy or consulate where it was issued. If you cannot locate your passport, you may need to request your immigration file from USCIS (using Form G-639, Freedom of Information Act/Privacy Act Request) to obtain this information.

2. What if my adjustment of status was approved while I was temporarily outside the United States?

Even if you were temporarily outside the U.S. when your adjustment of status was approved, it is still considered to be granted within the United States. The approval happened by USCIS, which is a U.S. agency.

3. Does it matter which USCIS service center approved my adjustment of status?

While the specific USCIS service center (e.g., Texas Service Center, California Service Center) is generally not critically important for most purposes, it’s useful information to have. It can be found on your I-797 approval notice.

4. Can I choose between consular processing and adjustment of status?

Generally, you can only choose if you are eligible for both options. Eligibility for adjustment of status requires you to be physically present in the United States and to meet other specific requirements. If you are outside the U.S. and do not have a valid visa to enter, consular processing is your only option. Speak with an immigration attorney to determine the best route for your particular situation.

5. What are the advantages and disadvantages of consular processing vs. adjustment of status?

Consular processing can be faster in some cases, but it requires you to be physically outside the U.S., which can be disruptive. Adjustment of status allows you to remain in the U.S. while your application is pending, but it can take longer, and you may face travel restrictions. There are also specific eligibility requirements for each.

6. What happens if my consular processing application is denied?

If your immigrant visa application is denied, you may be able to reapply if your circumstances change or you can provide additional evidence. You may also be able to appeal the decision in certain situations.

7. What happens if my adjustment of status application is denied?

If your adjustment of status application is denied, your legal status in the U.S. may be affected, and you may be subject to deportation proceedings. It is critical to consult with an immigration attorney immediately if your application is denied.

8. How does the location of my immigrant visa or adjustment of status affect my eligibility for naturalization?

The location where your immigrant visa or adjustment of status was granted doesn’t directly impact your naturalization eligibility in most cases. However, maintaining continuous residence and physical presence in the U.S. are essential for naturalization, and prolonged absences outside the U.S. can be problematic.

9. Can I change my mind and switch from consular processing to adjustment of status, or vice versa?

Potentially, yes, but this can be complex and depends on your individual circumstances. If you start consular processing and then enter the U.S. with a valid non-immigrant visa, you might be able to apply for adjustment of status. Similarly, if you start adjustment of status and then leave the U.S., you may need to pursue consular processing. Consult an immigration attorney for guidance.

10. Where can I find more information about immigrant visas and adjustment of status?

USCIS website (uscis.gov): Provides detailed information, forms, and instructions.
U.S. Department of State website (travel.state.gov): Contains information about immigrant visas and consular processing.
Immigration attorneys: Offer legal advice and representation.

11. What is the role of the National Visa Center (NVC) in consular processing?

The National Visa Center (NVC) plays a crucial role in consular processing. Once your immigrant visa petition is approved by USCIS, it is sent to the NVC for processing. The NVC collects fees, gathers necessary documents, and schedules interviews at the appropriate U.S. embassy or consulate.

12. Do I need an attorney to apply for an immigrant visa or adjustment of status?

While it is not legally required, it is highly recommended to consult with an experienced immigration attorney. Immigration law is complex, and even seemingly minor errors can lead to delays or denials. An attorney can help you navigate the process, ensure that you meet all eligibility requirements, and represent you before USCIS or the U.S. embassy or consulate.

This information is intended for general guidance only and should not be considered legal advice. Always consult with a qualified immigration attorney for advice tailored to your specific situation.