Adjustment of Status v. Consular Process

Whether you want to petition for your family, you are in deportation proceedings, want to renew your green card, become a citizen or you want to find out if you qualify for a visa, gives us a call, we would answer all your questions. 

Many people take advantage that undocumented immigrants do not call the police due to fear from deportation. Women are sexually molested, people are extorted, assaulted or forced to work without pay. 

United States knows this situation and created the U-Visa to encourage immigrants to call the police and provide information if they were victims or witness of a crime.

The U-Visa is a very special visa since it waives many grounds of inadmissibility and gives you the possibility to obtain a green card.

If you have victim of a crime and you provided information to law enforcement (police, child protective services or the prosecutor's office) you may qualify for a U-Visa.

Please go to our "Results" page and see some of our U-Visa cases.  


Moreno Law Firm​ PLLC.



The deportation process does not have to be the end of your immigration story. There are many options available to obtain relief from deportation through an immigration judge. The following is a list of deportation relief applications that could be filed with the court depending your case, to avoid deportation and to remain in the United States.

  • Cancellation of Removal for Lawful Permanent Residents Form 42A
  • Cancellation for Non-lawful permanent residents Form 42B
  • Asylum, Withholding or Protection Under the Convention Against Torture, Form I-589
  • Adjustment or Re-Adjustment of Status, Forms I-130, I-485 and 212 (h) Waiver
  • Consular Process and 601A or 601 Waiver
  • Naturalization, Derivative Citizenship
  • 212 (C) relief for criminal convictions prior 1997
  • U-Visa

Many times ICE place lawful permanent residents in removal proceedings after coming back from a  trip because of a criminal case they had after they obtained their green cards. Marlyn Moreno has terminated deportation cases of returning green card holders with criminal cases. Once you have a green card, is the government's job to prove you are deportable.

As a general rule, if you have been a lawful permanent resident for 5 years, or if you have been residing with your U.S. Citizen spouse for 3 years you would meet the residence requirement to file a N-400 to become a citizen.


There are other requirements that you should pay special attention before applying for citizenship. If you have been arrested or had a criminal conviction, you may want to consult with an attorney before applying with USCIS. If your offense makes you deportable, USCIS may place you in deportation proceedings.

Not all criminal convictions make a person deportable, yet it is best to wait 5 years after your last offense's sentence (probation or jail time) to be finished before applying for citizenship. This is called the "good moral character" requirement.

Lastly, do not fear the citizenship test! You would be given 2 months to prepare. All of our clients agree that the test was easier than they thought it would be. In our office, we would provide you with a mock test so you know what to expect.


Once you have an approved I-130, you may be able to apply for your green card inside or outside the U.S. Applying inside the U.S. is called "Adjustment of Status." Only those whose last entry was with a visa, were paroled in the past or had an I-130 filed before 2001 can adjust. Adjustment is done by filling an I-485 form with USCIS.

All others are considered to be outside the U.S. and have to obtain their green card through the U.S. Embassy  in their home country. This is called "consular process." 


  Call and Schedule a consultation now ( 210 ) 907-1011  


Attorney for Immigrants

The U.S created the Parole for Military Spouses and military family members  to help service members with the immigration of their family. Normally, to be able to obtain a green card inside the U.S. and avoid having to go to your home country, you have to had come to the U.S. with a visa or to have been paroled in the past.  The parole in place allows the service men and women to adjust the status of their immediate relatives without having to leave the U.S.

This parole is not only for active military service members' family. Family members of retired or reservist service members qualify for the parole.

The form is I-131 and has no cost for the military. You can learn more in the USCIS website or you can contact us to find out if you may benefit from these parole.

If you cannot go back to your home country due to fear of persecution under a protected ground or if it is more likely than not you would be tortured by your government or someone acting with your government's acquiescence, you can apply for Asylum, Withholding of Removal or protection under the Convention Against Torture. 

All these applications can be made with the form I-589. Of these three types of relief, asylum is the most generous since asylum allows you file application for your immediate family. You must file for asylum within 1 year from you arrival in the U.S. After that, you would have to show you fall within an exception to this rule, or apply for the other two types of relief already mentioned above. 

You can file affirmative asylum if you are not in removal proceedings. You can also apply for asylum as a defense to deportation in removal proceedings. While your asylum is pending, you would be able to apply for an employment authorization after 150 days from filing your asylum application. 

Renewing your green card is a fairly simple process. You can do it online or submit your I-90 form on paper. The government fee is $450. Make your check or money order payable to "U.S. Homeland Security."

If you choose to hire an attorney to help you with your renewal, it should be really inexpensive. Again, it is a fairly simple process.  In fact, USCIS San Antonio Field Office is offering to help you preparing your renewal at no cost.  You still have to pay the I-90 fee.

If you have been convicted of a crime since the last time you renewed your green card, you may want to consult an attorney before applying for the renewal yourself. Just as in the citizenship cases, USCIS may place you in deportation if your offense made you deportable.

Lastly, maybe is time for you to become a citizen instead of renewing your green card. If your have any question you can make an appointment with us, we will be happy to respond any questions your have for free.


​CITIZENS can bring their spouses, children and parents without having to wait for a visa to be available. Meanwhile, siblings and sons and daughters of U.S. citizens must wait until their visa becomes available.

LAWFUL RESIDENTS can only bring their spouses and children, but they have to wait until a visa becomes available for them.

Same Sex Marriages 

are now recognized by USCIS, therefore, U.S. citizen and lawful residents can petition their spouses, regardless of their gender. As in any other immigrant application based on marriage, you must prove the marriage is not fraudulent. 

Do You Have a Question? Tiene Una Pregunta?

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(210) 907-1011

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