Adjustment of Status vs. Consular Processing: What’s the Difference?

by | Feb 11, 2025 | Blogs

Consular Processing vs Adjustment of Status

Obtaining immigration in the United States can be a complex process, especially when deciding between Adjustment of Status (AOS) vs. Consular Processing.

Both are viable options for obtaining lawful permanent residency in the United States, but the choice depends on factors such as the applicant’s location, whether they have maintained legal status in the U.S., and how they initially entered the country. Each process comes with its own set of benefits, requirements, and timelines.

Understanding the differences between Adjustment of Status (AOS) vs. Consular Processing is crucial in making the right decision for your immigration journey.

In this blog, we’ll explain each process, who qualifies for it, and how to determine which option is best suited to your specific situation.

If you are seeking a green card (lawful permanent residency) in the United States, you have two main pathways:

  • Adjustment of Status (AOS) 
  • Consular Processing

Choosing the right process is crucial, as each has its benefits, requirements, and timelines. 

This guide will clarify the differences between Adjustment of Status vs. Consular Processing, helping you make an informed decision.

What Is Adjustment of Status (AOS)?

Adjustment of Status allows individuals already in the United States to apply for a green card without leaving the country. This process is handled by U.S. Citizenship and Immigration Services (USCIS).

Who Qualifies for Adjustment of Status?

To apply for AOS, you must meet specific eligibility criteria, such as:

  • You are physically present in the U.S.
  • You entered the U.S. legally (with a valid visa or through a recognized entry program).
  • You are eligible for a green card based on family sponsorship, employment, asylum, or another category.
  • If applying through family sponsorship, you must have an immediate relative who is a U.S. citizen or a qualifying sponsor.

Pros of Adjustment of Status

  • You Can Stay in the U.S.: No need to travel abroad for your green card interview. 
  • Work Authorization & Travel Benefits: While your AOS application is pending, you can apply for a work permit (EAD) and a travel document (Advance Parole). 
  • Potential for Waivers: If you have certain inadmissibility issues, you may be eligible to apply for a waiver while in the U.S.
  •  In many cases, Adjustment of Status (AOS) is quicker than Consular Processing.

Cons of Adjustment of Status

  • Long Processing Times: Due to USCIS backlogs, AOS can take months or even years. 
  • Strict Eligibility Requirements: If you entered the U.S. unlawfully, you might not qualify unless you have special circumstances.

What Is Consular Processing?

Consular Processing is for individuals outside the U.S. or those inside the U.S. who choose to complete their green card application at a U.S. embassy or consulate abroad. The National Visa Center (NVC) and the U.S. Department of State oversee this process.

Who Needs to Use Consular Processing?

  • Individuals living outside the U.S. who have been approved for a green card.
  • Applicants who are ineligible for AOS due to unlawful presence or other immigration violations.
  • Employment-based green card applicants who are processing their applications from their home countries.

Pros of Consular Processing

  • Avoids Certain Inadmissibility Issues: If you are unlawfully present in the U.S., leaving and processing from abroad might be your best option. 
  • Higher Approval Rates: Some cases are processed more smoothly through consular offices than USCIS.
  • Lower filing fees: Government filing fees for Consular processing are lower than the ones associated with Adjustment of Status.

Cons of Consular Processing

  • Must Leave the U.S.: If you are already in the U.S., you will need to return to your home country for the interview. 
  • Backlogs: In many cases, Consular Processing may take years.
  • No Travel Authorization During Processing: In most cases, you cannot apply for a non-immigrant visa and travel to the United States while waiting for the visa to be processed. 
  • Risk of Visa Denial: If your application is denied, you may not be able to re-enter the U.S.

Adjustment of Status vs. Consular Processing: Which Option Is Best for You?

The decision between Adjustment of Status vs Consular Processing depends on your specific situation. Here are some general guidelines:

  • If you are already in the U.S. through a legal channel, AOS might be the better choice since you can stay while your application is processed.
  • If you are outside the U.S. or have immigration violations, Consular Processing may be required or more practical.
  • If time is a concern, Consular Processing is often faster, but it involves travel and potential risks.

Get Legal Help from Christine Nsajja Law Firm

Obtaining a green card in the U.S. is challenging and can be overwhelming. Making a wrong choice can result in delays or denials.

At Christine Nsajja Law Firm, we have extensive experience helping clients determine the best path to lawful permanent residency. We provide personalized legal guidance to ensure a smooth and successful process.

📞 Contact us today to schedule a consultation and take the next step toward your green card. You can reach us at [email protected] or by directly scheduling a consultation.