Consular Processing vs. Adjustment of Status: What is the Difference?
When you are applying for a green card, one of the first decisions you will have to make is whether to go through consular processing or adjustment of status. Both are paths to the same destination, getting your green card, but they work in very different ways.
Adjustment of Status (AOS)
Adjustment of status allows you to apply for your green card while you are in the United States. An application for Adjustment of Status is made on Form I-485 and is filed with U.S. Citizenship and Immigration Services (USCIS).
Who qualifies for Adjustment of Status? Typically, people who were admitted and inspected into the U.S. and have maintained their non-immigrant status, such as immediate relatives of U.S. citizens or certain other eligible applicants. Notably, you can apply for a work permit and a travel document while your case is pending. This is an important feature of the adjustment of status process, as it allows you to continue to pursue the day-to-day demands of your life situation, rather than having to wait in place while your application is being processed.
It’s also very important to know that not everyone qualifies for adjustment of status and that there are various grounds of inadmissibility that could lead to a denial of your application. In that case, you may risk being placed in removal proceedings and having to appear before a U.S. Immigration Judge.
Consular Processing
On the other hand, Consular processing takes place outside of the U.S. through a U.S. embassy or consulate in your home country. Once your immigrant petition (for example, Form I-130) is approved, your case will be sent to the National Visa Center (NVC) for further processing. Then you would file an online DS-260 Application for an Immigrant Visa, provide supporting documentation, and attend an interview abroad. If your application is approved, you will be given an immigrant visa to travel to the U.S. Once you arrive in the U.S., you will need to complete some additional paperwork and pay a fee to get your green card, which will be sent to you in the mail shortly after you arrive.
Which Path is Right for You?
The right choice depends on your current situation, immigration history, and eligibility. It will also depend upon your personal circumstances and the timing of your immigration journey. For instance, some people decide to consular process because they have to attend to family matters or a business in their home country and they cannot afford the luxury of being able to wait in the U.S. during the application process. Others find exactly the opposite – that they want or need to remain in the U.S. in order to pursue a relationship or academic goals, for example. In sum, Adjustment of status can be more convenient if you’re already in the U.S., but consular processing may be the only option if you’re abroad – or if your circumstances don’t allow adjustment here.
Ultimately, both paths lead to the same green card, but each has unique requirements and risks. An experienced immigration lawyer can help you decide which option fits your situation best and guide you through the process with confidence.
If you have questions about whether adjustment of status or consular processing is the right path for you, contact the Law Office of Sean D. Hummel for a consultation. We are here to help you navigate every step of the U.S. immigration process.
