Adjustment of Status vs. Consular Processing

Which one to choose?

Two common ways to obtain a green card are through Adjustment of Status and Consular Processing. While both methods serve the same ultimate purpose, there are some significant differences between them.

Adjustment of Status

Adjustment of Status is the process by which a foreign national who is already in the United States can apply to adjust their status to that of a lawful permanent resident. To be eligible for Adjustment of Status, the applicant must meet certain criteria, including:

• Being physically present in the United States
• Having been inspected and admitted or paroled into the United States
• Having an immigrant visa immediately available
• Not having violated any immigration laws or regulations

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The Adjustment of Status process typically involves submitting a form I-485, along with supporting documentation, to the United States Citizenship and Immigration Services (USCIS). After receiving the application, USCIS may request additional information or conduct an interview with the applicant. If the application is approved, the applicant will receive a green card, which grants them permanent residency in the United States.

Consular Processing

Consular Processing, on the other hand, is the process by which a foreign national applies for a visa at a U.S. consulate or embassy outside of the United States. Consular Processing is typically used by individuals who are not eligible for Adjustment of Status or who prefer to apply for their green card from outside the United States. To be eligible for Consular Processing, the applicant must have an approved immigrant visa petition and an available immigrant visa.

The Consular Processing process typically involves submitting online a DS-260 form, along with supporting documentation, to the National Visa Center (NVC). The NVC will then schedule an interview at a U.S. consulate or embassy abroad. During the interview, the consular officer will review the application and determine whether the applicant is eligible for a visa. If the application is approved, the applicant will receive an immigrant visa, which allows them to travel to the United States and apply for a green card.

What are the key differences?

One of the main differences between Adjustment of Status and Consular Processing is the location where the application is processed. Adjustment of Status is processed within the United States, while Consular Processing is processed outside of the United States at a U.S. consulate or embassy.

Another significant difference is the processing time. Adjustment of Status applications typically take several months to process, while Consular Processing applications can take significantly longer, often taking several years to complete.

Finally, the application requirements and documentation for Adjustment of Status and Consular Processing may differ. For example, Adjustment of Status requires an I-485 form, whereas Consular Process typically involves submitting DS-260.