[0:01] Welcome to Moving Forward Together, Family and Immigration Law Podcast.
[0:06] Welcome back to Moving Forward Together, Family and Immigration Law Podcast.
[0:11] I'm Lisa Mosbyer-Host and today we're here with attorney Magdalena Wilk of Zuma Law.
[0:17] Magda focuses on family-based immigration and deportation defense,
[0:21] representing clients before multiple federal immigration agencies.
[0:26] As an immigrant herself, she combines personal perspective with years of experience,
[0:30] helping individuals and families navigate complex immigration matters.
[0:35] Today we're talking about adjustment of status as counselor processing.
[0:40] Magda will explain how these options differ when each one may apply
[0:45] and what families should understand before making important immigration decisions.
[0:49] Welcome Magda, thank you so much for joining me again.
[0:52] Of course, thanks for having me.
[0:54] Magda, can you explain the difference between adjustment of status and counselor processing
[1:01] when someone is trying to obtain a green card?
[1:03] Yes, so it's a pretty complex area of the law.
[1:08] The ultimate goal is obtaining a green card, but how you obtain it is very different.
[1:15] So while adjustment of status is the process for obtaining your green card,
[1:20] while you are here in the United States without having to leave the country,
[1:25] counselor processing involves you leaving the United States and attending an interview at a consulate abroad,
[1:34] or if you're applying straight from abroad, attending your interview at the US consulate,
[1:40] and then receiving your green card upon entry to the United States.
[1:45] Two separate agencies handle the paperwork involved while USCIS is the agency
[1:53] that handles all the paperwork involved in adjustment of status.
[1:58] When you do consulate processing, while the initial petition is filed with USCIS,
[2:04] the subsequent petitions and document collection is with the National Visa Center,
[2:10] and then you work with the consulate abroad to actually attend the interview.
[2:15] The process can vary in terms of length of time.
[2:21] Oftentimes, counselor processing is the longer route, and potentially more risky
[2:29] because you are leaving the country if you're already here.
[2:32] And Magda, who's typically eligible to apply for a green card from inside the United States
[2:37] instead of going through the US consulate abroad?
[2:39] So, generally speaking, individuals who have been inspected, admitted, and paroled into the United States,
[2:48] for example, individuals who enter here on some type of humanitarian parole, or a work visa, a tourist visa,
[2:58] and they are then have a relationship with an individual who's a US citizen or lawful permit resident
[3:06] who can petition for them, and there's an immediate visa available to them,
[3:14] and they also must not be inadmissible in the sense that they must have a clean immigration
[3:23] and criminal history that wouldn't pose any risks.
[3:29] Outside of that context, there are a few alternative routes that would allow an individual
[3:37] to do adjustment of status here in the United States.
[3:41] For example, if they have a spouse or child in the US military, and they complete parole in place first,
[3:50] and then become eligible for adjustment of status, or under section 245i, which goes back to an earlier petition
[4:02] that might make them eligible to apply now with a new petitioner.
[4:08] And I know recent US CIS policy changes have created new discussion around councillor processing.
[4:16] Why is this process become part of the conversation right now?
[4:20] So in announcing this new memorandum on how officers are to evaluate adjustment of status cases here in the United States,
[4:31] US CIS did a press release that basically stated that adjustment of status should be only granted
[4:42] in extra order near circumstances, and that most individuals should be forced to leave the country
[4:51] and complete councillor processing abroad.
[4:54] And that is how councillor processing kind of made its way into the top of conversation right now.
[5:01] And then from a practical standpoint, how does the overall process look different
[5:06] when someone applies from the inside the United States versus applying through a councillor abroad?
[5:13] So the biggest difference, especially for individuals who are already here in the United States,
[5:18] is that if they complete adjustment of status, everything is completed here in the United States.
[5:26] The paperwork is collected and submitted to US CIS.
[5:30] There is usually an interview involved here at a US CIS field office.
[5:38] Versus with councillor processing, while the initial petition is filed with US CIS,
[5:47] once that is granted, the petition is forwarded to the National Visa Center,
[5:54] which collects further documents and subsequently schedules the interview at a US Consulate abroad.
[6:03] Now, depending on once immigration history, there might be an additional staff waiver that needs to be filed before the individual even leaves the country
[6:14] as a lot of immigration consequences are triggered once you do leave the United States.
[6:22] So generally speaking, adjustment of status tends to be slightly less risky because you're not leaving the country.
[6:31] Both can carry significant consequences if they result in a denial.
[6:36] But with adjustment of status, the whole process is completed here in the US.
[6:41] Can we elaborate on that a little bit more why leaving the United States can interfere or create unexpected complications?
[6:50] According to the law, if you have been in the United States for more than 180 days and you have accrued more than 180 days of what we call unlawful presence,
[7:04] once you leave the United States, you triggered the third year bar.
[7:09] If you have accrued more than a year of unlawful presence and you leave the United States, you triggered a 10-year bar.
[7:17] There are also some additional bars.
[7:20] For example, if you have removal orders, if you have an absentia removal order that was granted without you being in court.
[7:29] For some of these, there are waivers available, but not for all, for example, in an absentia removal order.
[7:38] So leaving the United States triggers those issues that would not arise if the process is completed here in the United States.
[7:49] And if you're not adequately prepared or informed and you leave the country triggering those bars, you will might not be coming back to the United States at all or anytime soon and will be separated from your family.
[8:06] And make certain situations leaving the country can trigger inadmissibility issues.
[8:11] That's what you just said. They may not be able to come back at all.
[8:14] Can you explain what that means and why it can create such serious complications?
[8:20] Yes, so there are standards for being admissible to the United States that differ from deportability or the reasons that you can be deported.
[8:33] And in order to be granted a green card, you have to be admissible to the United States.
[8:42] And individual who overstates a visa, for example, and has been here for two years past their authorized stay has accrued more than a year of on law for presents.
[8:58] If they leave the United States, they will trigger the 10 year bar versus if they complete the process here in the United States via adjustment of status, they never trigger that bar because it's only triggered when you physically leave the country.
[9:18] So you would never want to make the significant decision to leave the country without first consulting with an immigration attorney because of how severe the consequences can be on you and your family.
[9:36] And do families always have a choice between adjustment of status and counselor processing or are there situations where immigration law limits those options?
[9:47] So while we would explore both options in a practical sense, no, not both are available to all individuals.
[9:58] And it's really important to make sure to determine the correct path that you are eligible for because of these consequences.
[10:09] A lot of individuals assume if they need parts of the eligibility requirements for adjustment of status that they can complete the process here.
[10:19] But things like number of entries, contact with immigration, criminal history, all those factors go into assessment, whether or not one is eligible for adjustment of status versus counselor processing.
[10:35] And we talked a lot about particular details. Can you share an example that helps illustrate how choosing between these two immigration paths can significantly affect a family's case?
[10:45] For sure. So one, I think would be the one I mentioned. So for example, if someone is a visa over stay and they miss conceive the information that has been put out that they have to leave the country and do a counselor processing.
[11:04] They will trigger one of the inadmissibly bars once they leave depending on the unlawful presence that they accrued here in the United States.
[11:15] And that could result in family separation that could take years in reality because of the processing times, et cetera, for waivers and for visas versus doing the process here in the United States.
[11:31] On the other hand, there are individuals who have too many entries in and out of the United States who are in the practical sense, not even eligible for adjustment of status, or sometimes not even for counselor processing as well.
[11:51] And if they submit an application or the wrong application, they really put themselves in danger of not coming back to the United States or being placed in deportation proceedings.
[12:05] And why is it so important for families to understand the legal consequences before deciding to leave the United States during the green card process? Do you want to elaborate on that for us?
[12:16] So again, because of so many of these bars are triggered when you do leave the United States, you would really want to consult with someone who has years of experience and knowledge and these type of cases.
[12:36] I've seen recently the immigrant population is a very vulnerable population and there are many individuals out there who take advantage of that vulnerability.
[12:50] So it's again, because of the consequences that may imply separation from your family for a long period of time or forever, you really should consult with someone before making any of these decisions or submitting any type of application.
[13:09] Words of wisdom, Magda, thank you so much for sharing them with us today and walking us through this process. We appreciate it.
[13:16] Of course, thank you very much. That wraps up today's episode of Moving Forward Together, Family and Immigration Law Podcast.
[13:23] To learn more about Magda and the legal services she provides at Zuma Law, visit ZumaLeagle.com.
[13:31] Thank you so much for listening and don't forget to like, leave a review and share this episode. If you know someone who might need it, we'll see you next time.
[13:39] Thanks for watching. Be sure to hit that like and subscribe button and leave us a review in the comments.
[0:06] Welcome back to Moving Forward Together, Family and Immigration Law Podcast.
[0:11] I'm Lisa Mosbyer-Host and today we're here with attorney Magdalena Wilk of Zuma Law.
[0:17] Magda focuses on family-based immigration and deportation defense,
[0:21] representing clients before multiple federal immigration agencies.
[0:26] As an immigrant herself, she combines personal perspective with years of experience,
[0:30] helping individuals and families navigate complex immigration matters.
[0:35] Today we're talking about adjustment of status as counselor processing.
[0:40] Magda will explain how these options differ when each one may apply
[0:45] and what families should understand before making important immigration decisions.
[0:49] Welcome Magda, thank you so much for joining me again.
[0:52] Of course, thanks for having me.
[0:54] Magda, can you explain the difference between adjustment of status and counselor processing
[1:01] when someone is trying to obtain a green card?
[1:03] Yes, so it's a pretty complex area of the law.
[1:08] The ultimate goal is obtaining a green card, but how you obtain it is very different.
[1:15] So while adjustment of status is the process for obtaining your green card,
[1:20] while you are here in the United States without having to leave the country,
[1:25] counselor processing involves you leaving the United States and attending an interview at a consulate abroad,
[1:34] or if you're applying straight from abroad, attending your interview at the US consulate,
[1:40] and then receiving your green card upon entry to the United States.
[1:45] Two separate agencies handle the paperwork involved while USCIS is the agency
[1:53] that handles all the paperwork involved in adjustment of status.
[1:58] When you do consulate processing, while the initial petition is filed with USCIS,
[2:04] the subsequent petitions and document collection is with the National Visa Center,
[2:10] and then you work with the consulate abroad to actually attend the interview.
[2:15] The process can vary in terms of length of time.
[2:21] Oftentimes, counselor processing is the longer route, and potentially more risky
[2:29] because you are leaving the country if you're already here.
[2:32] And Magda, who's typically eligible to apply for a green card from inside the United States
[2:37] instead of going through the US consulate abroad?
[2:39] So, generally speaking, individuals who have been inspected, admitted, and paroled into the United States,
[2:48] for example, individuals who enter here on some type of humanitarian parole, or a work visa, a tourist visa,
[2:58] and they are then have a relationship with an individual who's a US citizen or lawful permit resident
[3:06] who can petition for them, and there's an immediate visa available to them,
[3:14] and they also must not be inadmissible in the sense that they must have a clean immigration
[3:23] and criminal history that wouldn't pose any risks.
[3:29] Outside of that context, there are a few alternative routes that would allow an individual
[3:37] to do adjustment of status here in the United States.
[3:41] For example, if they have a spouse or child in the US military, and they complete parole in place first,
[3:50] and then become eligible for adjustment of status, or under section 245i, which goes back to an earlier petition
[4:02] that might make them eligible to apply now with a new petitioner.
[4:08] And I know recent US CIS policy changes have created new discussion around councillor processing.
[4:16] Why is this process become part of the conversation right now?
[4:20] So in announcing this new memorandum on how officers are to evaluate adjustment of status cases here in the United States,
[4:31] US CIS did a press release that basically stated that adjustment of status should be only granted
[4:42] in extra order near circumstances, and that most individuals should be forced to leave the country
[4:51] and complete councillor processing abroad.
[4:54] And that is how councillor processing kind of made its way into the top of conversation right now.
[5:01] And then from a practical standpoint, how does the overall process look different
[5:06] when someone applies from the inside the United States versus applying through a councillor abroad?
[5:13] So the biggest difference, especially for individuals who are already here in the United States,
[5:18] is that if they complete adjustment of status, everything is completed here in the United States.
[5:26] The paperwork is collected and submitted to US CIS.
[5:30] There is usually an interview involved here at a US CIS field office.
[5:38] Versus with councillor processing, while the initial petition is filed with US CIS,
[5:47] once that is granted, the petition is forwarded to the National Visa Center,
[5:54] which collects further documents and subsequently schedules the interview at a US Consulate abroad.
[6:03] Now, depending on once immigration history, there might be an additional staff waiver that needs to be filed before the individual even leaves the country
[6:14] as a lot of immigration consequences are triggered once you do leave the United States.
[6:22] So generally speaking, adjustment of status tends to be slightly less risky because you're not leaving the country.
[6:31] Both can carry significant consequences if they result in a denial.
[6:36] But with adjustment of status, the whole process is completed here in the US.
[6:41] Can we elaborate on that a little bit more why leaving the United States can interfere or create unexpected complications?
[6:50] According to the law, if you have been in the United States for more than 180 days and you have accrued more than 180 days of what we call unlawful presence,
[7:04] once you leave the United States, you triggered the third year bar.
[7:09] If you have accrued more than a year of unlawful presence and you leave the United States, you triggered a 10-year bar.
[7:17] There are also some additional bars.
[7:20] For example, if you have removal orders, if you have an absentia removal order that was granted without you being in court.
[7:29] For some of these, there are waivers available, but not for all, for example, in an absentia removal order.
[7:38] So leaving the United States triggers those issues that would not arise if the process is completed here in the United States.
[7:49] And if you're not adequately prepared or informed and you leave the country triggering those bars, you will might not be coming back to the United States at all or anytime soon and will be separated from your family.
[8:06] And make certain situations leaving the country can trigger inadmissibility issues.
[8:11] That's what you just said. They may not be able to come back at all.
[8:14] Can you explain what that means and why it can create such serious complications?
[8:20] Yes, so there are standards for being admissible to the United States that differ from deportability or the reasons that you can be deported.
[8:33] And in order to be granted a green card, you have to be admissible to the United States.
[8:42] And individual who overstates a visa, for example, and has been here for two years past their authorized stay has accrued more than a year of on law for presents.
[8:58] If they leave the United States, they will trigger the 10 year bar versus if they complete the process here in the United States via adjustment of status, they never trigger that bar because it's only triggered when you physically leave the country.
[9:18] So you would never want to make the significant decision to leave the country without first consulting with an immigration attorney because of how severe the consequences can be on you and your family.
[9:36] And do families always have a choice between adjustment of status and counselor processing or are there situations where immigration law limits those options?
[9:47] So while we would explore both options in a practical sense, no, not both are available to all individuals.
[9:58] And it's really important to make sure to determine the correct path that you are eligible for because of these consequences.
[10:09] A lot of individuals assume if they need parts of the eligibility requirements for adjustment of status that they can complete the process here.
[10:19] But things like number of entries, contact with immigration, criminal history, all those factors go into assessment, whether or not one is eligible for adjustment of status versus counselor processing.
[10:35] And we talked a lot about particular details. Can you share an example that helps illustrate how choosing between these two immigration paths can significantly affect a family's case?
[10:45] For sure. So one, I think would be the one I mentioned. So for example, if someone is a visa over stay and they miss conceive the information that has been put out that they have to leave the country and do a counselor processing.
[11:04] They will trigger one of the inadmissibly bars once they leave depending on the unlawful presence that they accrued here in the United States.
[11:15] And that could result in family separation that could take years in reality because of the processing times, et cetera, for waivers and for visas versus doing the process here in the United States.
[11:31] On the other hand, there are individuals who have too many entries in and out of the United States who are in the practical sense, not even eligible for adjustment of status, or sometimes not even for counselor processing as well.
[11:51] And if they submit an application or the wrong application, they really put themselves in danger of not coming back to the United States or being placed in deportation proceedings.
[12:05] And why is it so important for families to understand the legal consequences before deciding to leave the United States during the green card process? Do you want to elaborate on that for us?
[12:16] So again, because of so many of these bars are triggered when you do leave the United States, you would really want to consult with someone who has years of experience and knowledge and these type of cases.
[12:36] I've seen recently the immigrant population is a very vulnerable population and there are many individuals out there who take advantage of that vulnerability.
[12:50] So it's again, because of the consequences that may imply separation from your family for a long period of time or forever, you really should consult with someone before making any of these decisions or submitting any type of application.
[13:09] Words of wisdom, Magda, thank you so much for sharing them with us today and walking us through this process. We appreciate it.
[13:16] Of course, thank you very much. That wraps up today's episode of Moving Forward Together, Family and Immigration Law Podcast.
[13:23] To learn more about Magda and the legal services she provides at Zuma Law, visit ZumaLeagle.com.
[13:31] Thank you so much for listening and don't forget to like, leave a review and share this episode. If you know someone who might need it, we'll see you next time.
[13:39] Thanks for watching. Be sure to hit that like and subscribe button and leave us a review in the comments.
