Green Card Attorney in Austin: Adjustment of Status or Consular Processing?
There are two ways to get a family based green card, and choosing the wrong one can cost you years. Adjustment of status happens inside the United States. Consular processing happens at a U.S. consulate abroad. Which one you use depends on how you entered, who is sponsoring you, and your history.
For more than 20 years, the Law Offices of Michael Ponder has helped families in Austin and throughout Central Texas get their green cards through both paths. We handle green cards through marriage, parents, children, and siblings, from the first I-130 petition to the day your card arrives. You work directly with an experienced green card attorney who speaks English and Spanish.
Step One for Every Family: The I-130 Petition
Almost every family green card starts with Form I-130, Petition for Alien Relative. Your U.S. citizen or permanent resident family member files it to prove the relationship. The I-130 does not give you status, a work permit, or permission to stay. It establishes the family relationship and holds your place in line. What happens next depends on which path you take.
Path One: Adjustment of Status (Inside the United States)
With adjustment of status, you file Form I-485 with USCIS and get your green card without leaving the country. You can usually work while you wait, and your case ends with an interview at a local USCIS office.
Best for: people who entered legally with a visa or parole, especially spouses, parents, and minor children of U.S. citizens, and some people protected by section 245(i)
Where you wait: in the United States, with a work permit
Interview: at a USCIS office in the United States
Learn more on our adjustment of status page.
Path Two: Consular Processing (Through a U.S. Consulate Abroad)
With consular processing, your approved I-130 goes to the National Visa Center, you submit your documents and Form DS-260, and you attend an immigrant visa interview at a U.S. consulate abroad. For Mexican nationals, that interview is at the U.S. consulate in Ciudad Juárez. You enter the United States as a permanent resident and your green card is mailed to you.
Best for: relatives living outside the United States, and people in the United States who cannot adjust status, such as many who entered without inspection
Where you wait: outside the United States for the interview, and sometimes longer
Interview: at a U.S. embassy or consulate abroad
Main risk: leaving the United States after unlawful presence can trigger a 3 or 10 year bar, so many applicants need a provisional I-601A waiver approved before they travel. Some nationalities also face current travel and visa restrictions.
Learn more on our waiver and consular processing page.
Which Path Is Right for You?
We look at five questions to choose the right path:
How did you enter the United States, and do you have proof of it?
Who is your sponsor: a U.S. citizen or a permanent resident, and what is the relationship?
Have you ever left the United States after living here without status?
Have you ever been arrested, deported, or turned away at the border?
Are you from a country affected by current travel or visa restrictions?
Choosing wrong is one of the most expensive mistakes in immigration. Filing an I-485 when you are not eligible wastes fees and can expose you to removal. Leaving the country for a consular interview without the right waiver can keep you outside the United States for years. We answer this question before you file anything.
Family Green Card Categories We Handle
Marriage based green cards for spouses of U.S. citizens and permanent residents
Parent based green cards for parents of U.S. citizens who are 21 or older
Child based green cards for children of U.S. citizens and permanent residents
Sibling based green cards for brothers and sisters of U.S. citizens (long waits apply)
Fiancé(e) visas (K-1) for people coming to marry a U.S. citizen
Removal of conditions (I-751) for two year green cards through marriage. See our I-751 page.
Green card renewal (I-90) for cards that are expiring, lost, or damaged. See our I-90 page.
What Can Go Wrong
USCIS denials over preventable mistakes are common. Filing fees are not refunded, years of waiting can be lost, and in some cases a denial can put a family member at risk of deportation. The most common errors we see include:
Choosing the wrong path: filing an I-485 when consular processing is required, or the reverse
A missing or incorrect Affidavit of Support (Form I-864)
Weak evidence of a real marriage in marriage based cases
Failing to disclose criminal history correctly, even minor issues
Missing biometrics or interview appointments
Already prepared your forms and want a professional check before you file? Our $950 Document Review Service gives you a flat fee review by an experienced attorney.
Why Choose the Law Offices of Michael Ponder
Personal attention from a senior immigration attorney, not a paralegal or a first year associate
Bilingual service. Attorney Michael Ponder is fluent in Spanish, and every member of our team speaks English and Spanish.
20+ years of experience in family based immigration
200+ five star Google reviews from clients we have helped
A clear, honest assessment of your case, including the risks
Payment plans. The first payment for most cases is $700 to $1,000, with monthly payments after that.
How the Process Works When You Hire Us
Schedule a paid consultation ($75 paid in advance or $100 at the appointment). We review your history and tell you which path fits your case.
You decide whether to hire us. No pressure and no obligation.
We prepare your petition and application for adjustment of status or consular processing, including any waiver you need.
We file and track your case through USCIS and, if needed, the National Visa Center.
We prepare you for your interview in the United States or at the consulate.
You receive your green card.
Frequently Asked Questions
How long does the green card process take? It depends on the path and your category. Marriage cases for spouses of U.S. citizens often take a year or more. Other family categories can take several years because of visa backlogs. We will give you an estimate based on similar cases we have filed recently.
How much does it cost to hire your office? Fees depend on the type of case and its complexity. We offer payment plans, and the first payment for most cases is $700 to $1,000. Government filing fees are separate.
Can I get a green card if I entered the country without papers? Sometimes. It depends on when you entered, who is sponsoring you, whether you have left since, and whether a waiver is available. Many people in this situation qualify for consular processing with an I-601A waiver. Do not assume you have no options until you talk to an attorney.
Do you handle green cards for same sex couples? Yes. Same sex marriages are recognized for all federal immigration purposes.
Do you handle green card cases in Spanish? Yes. Attorney Michael Ponder and our whole team speak Spanish. Vea esta página en español.
Ready to Start Your Green Card Case?
Schedule a free 15 minute guidance session to talk through your situation, or book a full consultation for detailed legal advice. Call or text (512) 300-0810, or schedule through our website.
Your green card is not the end of the journey. After five years as a permanent resident, or three years if you are married to and living with a U.S. citizen, you can apply for citizenship. Learn about U.S. citizenship and naturalization here.