Consular Processing vs Adjustment of Status: Choosing Your Green Card Path
Two ways to get green card after I-140 approval: stay in U.S. (adjustment) or interview abroad (consular). Here's how to choose.
Quick Answer
Adjustment of status (I-485) lets you stay in U.S. while green card processes. Consular processing requires interview at U.S. embassy abroad. Choice depends on your situation: AOS better if you want to stay in U.S., get work authorization (EAD) while waiting, and avoid international travel risks. Consular processing better if you're already abroad, have status issues in U.S., or prefer faster processing in some cases.
Key Takeaways
Adjustment of status (AOS): Stay in U.S., file I-485
Consular processing (CP): Interview at embassy abroad
AOS provides EAD and advance parole while pending
CP may be faster for some countries
AOS requires maintaining valid status until filed
Cannot switch from CP to AOS easily once chosen
Key Takeaways
Adjustment of status (AOS): Stay in U.S., file I-485
Consular processing (CP): Interview at embassy abroad
AOS provides EAD and advance parole while pending
CP may be faster for some countries
AOS requires maintaining valid status until filed
Cannot switch from CP to AOS easily once chosen
Table of Content
Adjustment of Status (I-485)
AOS lets you become permanent resident without leaving U.S. File Form I-485 with USCIS when priority date is current.
Requirements:
Physically present in U.S.
In valid immigration status (or certain exceptions)
Priority date current on visa bulletin
No bars to adjustment (certain violations, fraud)
Process:
File I-485 with supporting documents
File I-765 (EAD) and I-131 (advance parole) concurrently
Attend biometrics appointment
Receive EAD (3-6 months)
Attend interview if required
Receive green card (8-24 months total)
Benefits of AOS:
Stay in U.S. throughout process
EAD allows work for any employer
Advance parole allows international travel
AC21 portability after 180 days (can change jobs)
Avoid consular interview abroad
Consular Processing
CP requires attending interview at U.S. embassy/consulate in your home country (or country of residence abroad).
Process:
I-140 approved
Case sent to National Visa Center (NVC)
Pay fees, submit documents to NVC
NVC schedules interview at embassy
Attend interview abroad
If approved, receive immigrant visa
Enter U.S. as permanent resident
Benefits of CP:
May be faster for some countries
No requirement to maintain U.S. status
Good option if already abroad
Avoids I-485 filing fees
Factor | Adjustment of Status | Consular Processing |
|---|---|---|
Location | Stay in U.S. | Must travel abroad |
Work authorization | EAD while pending | None until green card |
Travel | Advance parole required | No restrictions |
Timeline | 8-24 months | 6-18 months (varies) |
Cost | Higher (I-485 + EAD + AP fees) | Lower |
Risk | Status issues if denied | Stuck abroad if denied |
When to Choose AOS
AOS is better if:
You're in U.S. on valid status
You want to continue working without interruption
Your employer wants you to stay
You have family in U.S.
You want EAD flexibility
Consulate in your country has long delays
AOS considerations:
Must maintain status until I-485 filed
Certain status violations bar AOS
Processing times vary by location
Interview may or may not be required
When to Choose Consular Processing
CP is better if:
You're already abroad
You have status issues preventing AOS
Your embassy processes quickly
You want to avoid U.S. filing complexity
You entered without inspection (bars AOS in most cases)
CP considerations:
Must attend interview abroad (travel required)
If denied, you're stuck abroad
No work authorization while waiting
Some embassies have long wait times
Hybrid Approach
Some applicants file I-485 (starting AOS) but later switch to consular processing if AOS takes too long or circumstances change. This is possible but has complications.
Switching AOS to CP:
Request USCIS transfer case to NVC
Lose EAD and advance parole benefits
Must travel abroad for interview
Switching CP to AOS:
Very difficult once case at NVC
Requires case returned to USCIS
Not recommended
Choose carefully initially. Switching is complicated.
Special Situations
Unlawful presence: If you have unlawful presence bars (180+ days unlawful, left U.S., now abroad), AOS may be unavailable. CP with waiver might be only option.
Prior deportation: May bar both AOS and CP. Consult attorney about waivers.
Criminal issues: Some crimes bar green card regardless of path. Others require waivers. Attorney essential.
Family Members
If filing for family (spouse, children), everyone can choose same path or different paths. Usually same path is simpler. Each family member files separate I-485 (AOS) or gets separate immigrant visa (CP).
Adjustment of Status (I-485)
AOS lets you become permanent resident without leaving U.S. File Form I-485 with USCIS when priority date is current.
Requirements:
Physically present in U.S.
In valid immigration status (or certain exceptions)
Priority date current on visa bulletin
No bars to adjustment (certain violations, fraud)
Process:
File I-485 with supporting documents
File I-765 (EAD) and I-131 (advance parole) concurrently
Attend biometrics appointment
Receive EAD (3-6 months)
Attend interview if required
Receive green card (8-24 months total)
Benefits of AOS:
Stay in U.S. throughout process
EAD allows work for any employer
Advance parole allows international travel
AC21 portability after 180 days (can change jobs)
Avoid consular interview abroad
Consular Processing
CP requires attending interview at U.S. embassy/consulate in your home country (or country of residence abroad).
Process:
I-140 approved
Case sent to National Visa Center (NVC)
Pay fees, submit documents to NVC
NVC schedules interview at embassy
Attend interview abroad
If approved, receive immigrant visa
Enter U.S. as permanent resident
Benefits of CP:
May be faster for some countries
No requirement to maintain U.S. status
Good option if already abroad
Avoids I-485 filing fees
Factor | Adjustment of Status | Consular Processing |
|---|---|---|
Location | Stay in U.S. | Must travel abroad |
Work authorization | EAD while pending | None until green card |
Travel | Advance parole required | No restrictions |
Timeline | 8-24 months | 6-18 months (varies) |
Cost | Higher (I-485 + EAD + AP fees) | Lower |
Risk | Status issues if denied | Stuck abroad if denied |
When to Choose AOS
AOS is better if:
You're in U.S. on valid status
You want to continue working without interruption
Your employer wants you to stay
You have family in U.S.
You want EAD flexibility
Consulate in your country has long delays
AOS considerations:
Must maintain status until I-485 filed
Certain status violations bar AOS
Processing times vary by location
Interview may or may not be required
When to Choose Consular Processing
CP is better if:
You're already abroad
You have status issues preventing AOS
Your embassy processes quickly
You want to avoid U.S. filing complexity
You entered without inspection (bars AOS in most cases)
CP considerations:
Must attend interview abroad (travel required)
If denied, you're stuck abroad
No work authorization while waiting
Some embassies have long wait times
Hybrid Approach
Some applicants file I-485 (starting AOS) but later switch to consular processing if AOS takes too long or circumstances change. This is possible but has complications.
Switching AOS to CP:
Request USCIS transfer case to NVC
Lose EAD and advance parole benefits
Must travel abroad for interview
Switching CP to AOS:
Very difficult once case at NVC
Requires case returned to USCIS
Not recommended
Choose carefully initially. Switching is complicated.
Special Situations
Unlawful presence: If you have unlawful presence bars (180+ days unlawful, left U.S., now abroad), AOS may be unavailable. CP with waiver might be only option.
Prior deportation: May bar both AOS and CP. Consult attorney about waivers.
Criminal issues: Some crimes bar green card regardless of path. Others require waivers. Attorney essential.
Family Members
If filing for family (spouse, children), everyone can choose same path or different paths. Usually same path is simpler. Each family member files separate I-485 (AOS) or gets separate immigrant visa (CP).
Frequently Asked Questions
Can I work while waiting for consular processing?
Only if you have separate work authorization (H-1B, etc.). CP doesn't provide work authorization like AOS does.
What if consular interview is denied?
You remain abroad. May need to address denial reasons and reapply. This is significant risk of CP.
Can I travel during AOS?
Only with advance parole (I-131). Leaving without AP abandons I-485 application.
Which is faster?
Depends on location. Some embassies process quickly (6-12 months). Some USCIS offices process quickly. Research your specific situation.
Can my employer force me to choose one path?
No, but they may have preferences. Discuss with employer and immigration attorney.
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