Key takeaways
- Adjustment of status is for individuals already in the U.S., while consular processing is for those applying from abroad.
- Adjustment allows you to remain in the country during processing, but often takes longer and limits travel.
- Consular processing can be faster but requires leaving the U.S. and completing an interview at a U.S. embassy or consulate.
- The right choice depends on your location, immigration status, urgency, and whether family separation or travel restrictions are a concern.
When you’re applying for a green card, you’ll need to choose between two main paths: adjustment of status or consular processing. Both lead to lawful permanent residence, but they work in very different ways depending on where you are and what your immigration history looks like.
If you’re already living in the United States and meet certain eligibility requirements, you may be able to adjust your status from inside the country. This process lets you stay in the U.S. while your application is processed. On the other hand, if you’re living abroad or are ineligible for adjustment, consular processing might be your only option, and it means applying through a U.S. embassy or consulate.
Each path comes with its own pros and cons. Adjustment of status often takes longer and limits travel, but it lets you stay near your family and job while you wait. Consular processing can be faster, but it may require you to leave loved ones behind and prepare for an overseas interview.
Choosing the right option depends on your specific situation; your location, status, goals, and how quickly you want or need a decision. Understanding the differences will help you make the best move for your future.
What is adjustment of status?
Adjustment of status (AOS) is the process of applying for a green card from within the United States. If you’re already here legally, on a visa, for example, you can submit Form I-485 to adjust your status without leaving the country.
This option is most commonly used by people who are married to U.S. citizens, have an approved immigrant petition, or have been granted asylum or refugee status. One of the main benefits is that you can remain in the U.S. during processing, and in many cases, you can apply for work and travel authorization while you wait.
To qualify, you usually need to show that you entered the country lawfully and have maintained a valid immigration status. It’s also important that your underlying visa petition remains current and valid. Adjustment of status helps avoid international travel and separation from your home, but the trade-off is that the process can take longer than consular processing.
What is consular processing?
Consular processing is the green card application process for people living outside the United States or those in the U.S. but not eligible to adjust their status. Instead of filing from within the country, you’ll apply for an immigrant visa at a U.S. consulate or embassy in your home country.
Once your immigrant petition is approved (often through a family member or employer), you’ll complete the DS-260 online application, attend a medical exam, and attend an in-person interview abroad. If approved, you’ll get a sealed visa packet to present when you arrive in the U.S.
Consular processing is often faster than adjustment of status. Still, it involves travel and separation from family in the U.S. It’s also more rigid. If there’s an issue at the interview, you might face delays or complications before you can re-enter the country.
Adjustment of status vs consular processing: How do they differ?
While both options lead to a green card, your process can vary depending on your situation. The main differences come down to where you’re applying from, how long it takes, what you can do while you wait, and how strict the travel or work rules are. Here’s a breakdown of the key differences to help you compare.
Process locations
Adjustment of status happens entirely within the U.S. and is handled by USCIS. Consular processing takes place abroad at a U.S. embassy or consulate.
Travel restrictions
With adjustment of status, you usually can’t travel outside the U.S. unless you get special permission (Advance Parole). In consular processing, you remain abroad until your visa is issued.
Timeline lengths
Adjustment of status can take longer, sometimes over a year, but you stay in the U.S. during processing. Consular processing may be faster, but you must wait outside the country until your green card is approved.
Employment authorization opportunities
If you apply for adjustment of status, you can request a work permit while your case is pending. With consular processing, you must wait to enter the U.S. as a permanent resident before starting work.
Eligibility requirements
Adjustment of status generally requires that you’re in a lawful immigration status. Consular processing may be available to people who are out of status or have certain immigration violations.
Interview processes
Adjustment interviews take place at USCIS offices. Consular interviews are held abroad, often with stricter documentation review and fewer chances to appeal.
Eligibility requirements and documents for each pathway
Whether you choose adjustment of status or consular processing, you’ll need to meet different requirements and gather specific documents. While both paths lead to a green card, the steps and standards can vary a lot.
Current lawful status
To qualify for adjustment of status, you usually need to have entered the U.S. legally and stayed in lawful immigration status. Consular processing may be the only option if you’re currently outside the U.S. or out of status.
Physical U.S. presence
Adjustment of status requires you to already be in the U.S. when you apply. Consular processing is the only route available if you’re applying from outside the country.
Valid entry record
You’ll need proof that you entered the U.S. legally to adjust status, like an I-94 record or visa stamp. This isn’t needed for consular processing, since your entry hasn’t happened yet.
Financial support evidence
In both cases, you’ll have to show that you won’t become a public charge. That usually means submitting an Affidavit of Support (Form I-864) from a sponsor or showing enough personal assets.
Medical examination results
You must get a medical exam from an approved doctor. Adjustment of status happens in the U.S. with a USCIS-certified civil surgeon. For consular processing, you’ll need to visit a panel physician approved by the U.S. embassy or consulate abroad.
Biometric appointment completion
Both processes involve fingerprints and background checks. Adjustment applicants go to a local USCIS Application Support Center, while consular applicants complete this step at their local U.S. consulate.
Qualifying relationship documentation
In either case, you’ll need to prove the relationship that qualifies you for a green card, whether it’s through marriage, family sponsorship, a job offer, or a humanitarian claim.
Can you switch from consular processing to adjustment of status?
Only in some instances. If you plan to apply through consular processing and legally enter the U.S. on a valid visa, you may become eligible to adjust status instead.
However, switching isn’t always simple. You’ll need to make sure your immigrant petition is still valid and that your priority date is current if applicable. The timing and method of your entry into the U.S. play a big role in whether you can switch pathways.
Making this kind of change can affect your processing timeline, costs, and immigration options, so it’s something you should discuss with an experienced attorney before making any moves.
How an immigration law attorney can help you
Choosing between adjustment of status and consular processing can be complicated. An immigration attorney can help you evaluate your options, avoid mistakes, and ensure your application is prepared correctly.
They’ll guide you through eligibility rules, prepare your forms, help respond to requests from USCIS or consulates, and make sure you’re ready for interviews. Legal guidance is especially important if you face complications like visa overstays or inadmissibility.
Marble’s immigration attorneys offer personalized support to help you choose the right path and move forward with confidence, whether you’re applying from within the U.S. or abroad.
