Step 2 - Obtain Residency
The second step is establishing for the USCIS or the Department of State that the person who has the visa available to them is actually admissible to the United States.
Adjustment of Status - If the person trying to adjust their status is already in the United States, they may be eligible to adjust their status. This means that they would be able to file both their I-130 and their I-485, Application to Adjust Status, at the same time. However, there are some important factors in determining whether the individual is eligible to file for adjustment of status. The most important factor is whether the person entered the United States with inspection, but there are several other factors that should be discussed with an experienced immigration attorney, to determine whether you are able to adjust your status while here in the United States.
Consular Processing - If the person is not located in the United States, or is not eligible to adjust their status in the United States, the way the individual will obtain their residency is through consular processing. This means that once the I-130 from Step 1 is approved, they will submit their documents to the National Visa Center, and then physically attend an interview at their local foreign consulate. If the visa is approved, the individual will receive a visa foil in their passport, and receive their physical residency card once they enter the United States.