Adjustment of Status vs. Consular Processing: Choosing the Right Path

When applying for lawful permanent residency (a green card) in the United States, you may need to choose between two processes—Adjustment of Status or Consular Processing. Both paths can lead to the same outcome, but the right option often depends on your unique circumstances. In this blog, we’ll explore each process, their eligibility requirements, and key differences to help you make the best decision for your immigration goals. Ahlgren Law is here to guide you through the process and ensure your application goes smoothly.

What is Adjustment of Status?

Adjustment of Status (AOS) is a process that allows individuals already in the United States to apply for a green card without leaving the country. This option can save time, money, and the complexities of traveling abroad while your application is pending. For example, someone on a valid visa living in Chicago with their spouse who is a U.S. citizen can apply for AOS directly from within the country.

Key Eligibility Requirements for AOS:

• You must be physically present in the U.S.
• You must have entered the U.S. legally (i.e., with proper documentation and inspection at a port of entry).
• You must meet the qualifications for a green card category (e.g., family-based or employment-based sponsorship).
• You must not have any grounds for inadmissibility, such as certain criminal convictions. However, waivers may be available in some cases.

AOS applicants can also file for a work permit and travel document while the application is under review, providing added flexibility to live and work in the U.S.

What is Consular Processing?

Consular Processing (CP) is for individuals applying for a green card from outside the United States or those inside the U.S. who do not qualify for AOS. This process includes attending an interview at a U.S. Department of State consulate in the applicant’s home country. For instance, a software engineer living in India and sponsored by a U.S.-based employer would most commonly apply through Consular Processing.

Key Eligibility Requirements for CP:

• You must be outside the U.S. or ineligible for AOS.
• An approved immigrant petition (e.g., Form I-130 or I-140) must already be on file.
• You may need to provide additional documentation, including medical exams and biometrics, during the consular interview stage.

CP applicants will receive an immigrant visa once their case is approved, enabling them to travel to the U.S. as lawful permanent residents.

Key Differences and Decision Factors

• Location – If you are already in the U.S. on a valid visa, AOS may be the more convenient option. Meanwhile, if you are outside the U.S., Consular Processing is typically your default path.
• Processing Times – Adjustment of Status can involve longer processing times, especially in areas with high application volumes. Consular Processing, while generally faster, can vary significantly depending on the consulate’s workload.
• Costs and Risks – AOS typically allows applicants to remain in the U.S. with family and continue working while awaiting adjudication. However, it may be more costly and require a valid legal entry. On the other hand, Consular Processing eliminates the need for U.S. presence but involves leaving family and job for the consular interview, with no guarantee of approval upon return.

Choosing the Best Option

Your choice will depend on your immigration history, location, and specific needs. For families wanting to stay together through the process, AOS can offer significant advantages. For applicants abroad, CP remains a straightforward and viable solution.

Navigating this decision is complex, and mistakes can lead to delays or denials. At Ahlgren Law, we are here to guide you through every step of your immigration process. Contact us to schedule a consultation with one of our experienced immigration attorneys. Together, we’ll build a plan that works for your unique circumstances, ensuring the best possible outcome for you and your family.