Immigrants seeking permanent residency in the United States often face a critical choice: Adjustment of Status (AOS) or Consular Processing. Both lead to a green card but differ significantly in process, timeline, and location. Choosing the right path depends on your current immigration status, location, and eligibility.
What Is Adjustment of Status?
Adjustment of Status is the process of applying for a green card from within the U.S. It allows certain immigrants to stay in the country while their application is processed.
To be eligible, you must:
- Be physically present in the U.S.
- Have entered legally (in most cases)
- Be eligible for an immigrant visa
Most common scenarios:
- Family-based green cards (e.g., spouse of a U.S. citizen)
- Employment-based green cards
- Asylum or refugee adjustment
What Is Consular Processing?
Consular Processing is when an immigrant applies for a green card from outside the U.S. through a U.S. consulate or embassy in their home country.
Steps include:
- USCIS approves the I-130 or I-140 petition.
- The case is sent to the National Visa Center (NVC).
- The applicant completes the DS-260 form and submits required documents.
- An interview is scheduled at a U.S. consulate.
Pros and Cons
| Factor | Adjustment of Status | Consular Processing |
|---|---|---|
| Location | In the U.S. | Outside the U.S. |
| Travel Restrictions | Limited while pending | More flexibility before interview |
| Processing Time | 10–24 months | Often faster (6–12 months) |
| Interview Location | USCIS office | U.S. consulate abroad |
| Advance Parole Needed? | Yes | No |
| Risk of Denial | Lower once filed | Slightly higher due to travel, security checks |
Cost Comparison
Both paths require paying USCIS and medical exam fees. As of 2025:
- AOS: ~$1,440
- Consular: ~$1,200
Special Considerations
- If you entered without inspection (EWI), AOS may not be available.
- If you have unlawful presence, leaving the U.S. for consular processing may trigger a 3- or 10-year bar—unless you qualify for a waiver.
- Spouses of U.S. citizens may be eligible to adjust even if out of status.
Which Is Better?
Adjustment of Status is ideal if:
- You’re already in the U.S.
- You want to stay with your family
- You need work authorization during processing
Consular Processing may be preferred if:
- You’re outside the U.S.
- You’re not eligible to adjust
- You want a potentially faster process
Conclusion
Both AOS and Consular Processing lead to lawful permanent residency. Understanding the pros, cons, and risks of each route can help you make the right choice and avoid delays or complications.
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