Consular Processing

By Editorial Team , 16 December 2006

Chargeability: how to determine which country’s quota you will be counted under for green card purposes.

What chargeability means. Chargeability is the rule that decides which country’s annual allotment of immigrant visas your case is counted against. Most green card categories are capped twice over, once worldwide and again for each individual country, so the chargeability area assigned to you is what determines which queue you stand in and how long that queue is. The governing provisions are 8 U.S.C. § 1152 and the Department of State regulation that implements it, 22 C.F.R. § 42.12.

Work Authorization While an Adjustment of Status Application Is Pending

Two different permissions. Filing Form I-485 does not by itself authorize employment, and it does not by itself cancel employment authorization that already exists. Those are separate permissions with separate sources, and an adjustment applicant may hold one, both or neither. The question is therefore not whether an Employment Authorization Document has arrived, but which permission is being relied on at any given moment.

Adjustment of Status

What adjustment of status is. Adjustment of status is the procedure for becoming a permanent resident without leaving the United States. It is governed by 8 U.S.C. § 1255 and by the regulations at 8 C.F.R. part 245. The alternative is consular processing, in which the immigrant visa is issued at a post abroad and permanent residence begins on admission at a port of entry.