Immigrant Visa “Green card”
There are two ways to get a green card: inside the United States through adjustment of status or outside of the United Stated through consular processing. When you obtain the green card, you will become a legal permanent resident.
Adjustment of Status
In order to obtain a green card through adjustment of status, you need to have a lawful entry into the United States. For example, if you entered the United States on a tourist, student, or business visa and then married a United States Citizen, you are eligible to adjust status from a visitor to a legal permanent resident.
Although you may be eligible to adjust status, you still need to be admissible into the United States. If inadmissible, you will be unable to adjust status. There are numerous inadmissibility grounds, for instance, if you were convicted of smuggling someone into the United States, convicted of trafficking drugs, or committing fraud to obtain immigration benefits, then you may be inadmissible. However, waivers do exists for prior convictions and other inadmissibility grounds. If a waiver is granted, it can remove your inadmissibility making you admissible and eligible to adjust status and get your green card inside the United States.
You should speak with a qualified and experienced immigration attorney to determine if you are eligible to obtain a green card through adjustment of status.
Consular Processing
If you do not have a lawful entrance into the United States, then you most likely will have to go through consular processing. Consular processing is done in your country of origin. If you immigrated from Guetemala without a lawful entrance then your consulate meeting will be in Guetemala
There are various exceptions and complexities with who can do consular processing. In addition, if you depart the United States to go to your consulate processing meeting, this may have detrimental, negative effects for your immigration case.
