Managing Attorney
When you apply for a green card, you will choose between two pathways based on where you live, how you entered the United States, and the type of visa you qualify for. Adjustment of status lets you apply for permanent residence from inside the United States, while consular processing requires you to complete the immigration interview at a U.S. consulate abroad. Each option has different timelines, risks, and eligibility rules, and choosing the wrong one can lead to long delays or avoidable denials. This guide explains how both processes work, how they differ, and when to get legal help.
Adjustment of Status and Consular Processing: The Core Differences
What Is Adjustment of Status?
Adjustment of status (AOS) lets eligible applicants apply for a green card without leaving the United States. You usually file Form I-485 after an approved immigrant petition, though some categories allow concurrent filing.
You may qualify for AOS if you:
- Are physically present in the U.S.
- Entered lawfully, even if your current status has expired in some cases.
- Have an available visa category and meet admissibility requirements.
For example, a spouse of a U.S. citizen who entered the country with a valid visa but overstayed may still adjust status in the United States.
What Is Consular Processing?
Consular processing requires applicants outside the U.S. or those ineligible for AOS to complete the final step of the immigrant visa process at a U.S. consulate abroad.
It is usually required when:
- The applicant is outside the country.
- The applicant entered the U.S. without inspection.
- The applicant does not qualify for an exception that would allow them to adjust status.
- The immigrant visa petition is approved, and a visa number is available.
An example is a sibling of a U.S. citizen waiting overseas for an immigrant visa interview after their priority date becomes current.
Eligibility: Who Qualifies for Each Path?
Adjustment of Status Eligibility
You can usually adjust status if:
- You entered the country legally.
- You have a qualifying family or employment petition.
- You do not trigger bars to adjustment, such as certain unlawful entries or immigration violations.
- A visa number is available.
Adjustment of status is often the preferred choice for immediate relatives of U.S. citizens because visa numbers are always available and unlawful presence waivers may not be required.
Consular Processing Eligibility
Consular processing applies when:
- You live abroad.
- You entered the United States without inspection and cannot qualify for a provisional waiver.
- You fall under a visa category where AOS is not permitted.
- You are processing based on employment, and the employer filed an immigrant petition while you remained abroad.
Timelines and Processing Experience
Adjustment of Status Timeline
Adjustment cases vary by local USCIS field office but often take 10 to 24 months. Applicants may also apply for work authorization and travel permission while the case is pending.
Consular Processing Timeline
Consular processing may be faster once a visa number is available, often taking 6 to 12 months after approval through the National Visa Center. However, delays can occur due to background checks, document issues, or consulate backlogs.
Pros and Cons of Each Option
Benefits of Adjustment of Status
- You stay in the U.S. during the process.
- You can usually request work and travel permits.
- There is no need to attend an interview abroad.
Drawbacks
- Long wait times in some jurisdictions.
- Not available to applicants who entered unlawfully, except in limited situations.
Benefits of Consular Processing
- Often faster once your priority date is current.
- Available to people who cannot adjust status inside the U.S.
- No need to maintain ongoing lawful status inside the U.S.
Drawbacks
- You must travel abroad.
- Unlawful presence bars may apply once you leave the United States.
- Consular decisions do not have a formal appeal process.
Common Mistakes That Lead to Delays or Denials
Some of the most frequent errors include:
- Filing for adjustment of status despite being ineligible.
- Forgetting to submit the required civil documents or translations.
- Misunderstanding unlawful presence bars before leaving the country.
- Missing deadlines from the National Visa Center.
- Attending a consular interview without preparing for questions about prior immigration history.
These mistakes often lead to long delays, additional waivers, or a denial that could have been avoided with guidance.
When to Get Legal Help
You should contact an immigration attorney if:
- You entered the United States without inspection.
- You previously overstayed or worked without authorization.
- You are unsure whether you must leave the country.
- You need help choosing the faster or safer option for your situation.
An attorney will help you avoid triggering bars, prepare the correct forms, and address any issues in your immigration history before you file.
Ready to Move Forward With Your Immigration Process?
If you are deciding between adjustment of status and consular processing, we will help you understand your options, prepare your case, and avoid unnecessary delays. Contact Zepeda Law Firm to discuss the right strategy for your situation and get support at every step.