CONSULAR VISA PROCESS
Adjustment of Status vs. Consular Processing
After you have an approved family petition and there is a visa number available, the next step is determining whether the beneficiary of the approved petition can Adjust Status in the United States, or will the beneficiary have to process the immigrant visa through the U.S. consulate outside of the United States.
Some Beneficiaries Must Consular Process
Intending immigrants who are already overseas are expected to consular process. Some beneficiaries have attempted to enter the U.S. on the Visa Waiver Program, or using a tourist visa, thinking that they will then be able to adjust status. However, VWP entrants are (with only a few exceptions) prohibited from applying to adjust status. Using a tourist visa with the intent of entering the U.S. in order to apply for a green card is considered visa fraud, and may make you ineligible for the green card or for any other visa or U.S. entry.