When applying for a green card, immigrants must choose between two processes: adjustment of status or consular processing. Each option has different requirements, processing times, and advantages depending on the applicant’s situation. Understanding the key differences can help determine the right approach.
What is adjustment of status?
Adjustment of status allows individuals already in the United States to apply for lawful permanent residency without leaving the country. This process is typically available to those with a valid visa who meet eligibility requirements under a family-based, employment-based, or humanitarian category. Applicants file Form I-485 with U.S. Citizenship and Immigration Services (USCIS) and can often remain in the U.S. while their application is processed.
What is consular processing?
Consular processing is the method for applying for a green card from outside the United States. After receiving an approved petition, applicants must schedule an interview at a U.S. embassy or consulate in their home country. The consular officer reviews the application, conducts an interview, and decides whether to approve the visa. If approved, the applicant enters the U.S. as a lawful permanent resident.
Key differences in processing time and costs
Adjustment of status can take several months to over a year, depending on USCIS backlogs. Applicants may be eligible for a work permit while waiting. Consular processing often takes less time overall, but delays may occur due to embassy workloads. Fees for both processes are similar, but adjustment of status applicants may incur additional costs for work permits and travel documents.
Individuals with legal status in the U.S. who want to stay during processing often prefer adjustment of status. Those outside the U.S. or ineligible to adjust due to visa violations may need to go through consular processing. Researching eligibility requirements and application procedures can help determine the right path based on personal circumstances.
