Consular Processing vs Adjustment of Status: Which Path to Green Card
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 (Form I-485)
Adjustment of Status (AOS) allows you to become a U.S. permanent resident without leaving the United States.
You file Form I-485 with USCIS once your priority date is current under the Visa Bulletin.
Eligibility Requirements for AOS
To file Adjustment of Status, you generally must:
Be physically present in the U.S.
Be in valid immigration status (with limited exceptions)
Have a current priority date
Have no bars to adjustment, such as certain status violations or fraud
AOS Process Overview
The typical Adjustment of Status process includes:
Filing Form I-485 with supporting documents
Filing Form I-765 (EAD) and Form I-131 (Advance Parole) concurrently
Attending a biometrics appointment
Receiving EAD (usually in 3–6 months)
Attending an interview, if required
Receiving a green card (approximately 8–24 months total)
Benefits of Adjustment of Status
AOS offers several advantages:
Remain in the U.S. throughout the process
Work authorization through EAD for any employer
International travel with Advance Parole
AC21 portability after 180 days (ability to change jobs)
No consular interview abroad
Consular Processing
Consular Processing (CP) requires attending a green card interview at a U.S. embassy or consulate abroad, usually in your home country or country of residence.
Consular Processing Steps
The typical CP process includes:
Approval of Form I-140
Case transfer to the National Visa Center (NVC)
Payment of fees and submission of documents
Interview scheduling by the embassy
Attending the interview abroad
Receiving an immigrant visa if approved
Entering the U.S. as a permanent resident
Benefits of Consular Processing
Consular Processing may be preferable because:
It can be faster for certain countries
No need to maintain U.S. immigration status
Ideal if you are already outside the U.S.
Lower filing costs
Avoids I-485 processing complexity
Adjustment of Status vs Consular Processing
Location
AOS: Stay in the U.S.
CP: Travel abroad required
Work Authorization
AOS: EAD while pending
CP: None until green card issued
Travel
AOS: Advance Parole required
CP: No restrictions after entry
Timeline
AOS: 8–24 months
CP: 6–18 months (varies by country)
Cost
AOS: Higher (I-485, EAD, AP fees)
CP: Lower
Risk
AOS: Status issues if denied
CP: Risk of being stuck abroad if denied
When Adjustment of Status Is the Better Option
AOS is usually preferable if:
You are in the U.S. on valid status
You want to continue working without interruption
Your employer wants you to remain in the U.S.
You have close family in the U.S.
You want job flexibility with EAD
Your home-country consulate has long delays
Important AOS Considerations
You must maintain valid status until filing I-485
Certain violations permanently bar AOS
Processing times vary by USCIS location
Interview may or may not be required
When Consular Processing Makes More Sense
CP is often the better choice if:
You are already outside the U.S.
You have status issues preventing AOS
Your embassy processes cases quickly
You want to avoid U.S. filing complexity
You entered the U.S. without inspection (AOS barred in most cases)
Important CP Considerations
Travel abroad is mandatory
If denied, you cannot return immediately
No work authorization while waiting
Some embassies have significant backlogs
Special Situations That Require Extra Caution
Unlawful Presence
If you accrued 180+ days of unlawful presence and departed the U.S., AOS may not be available
Consular Processing with a waiver may be required
Prior Deportation or Removal
May bar both AOS and CP
Waivers may be possible but require legal guidance
Criminal Issues
Some crimes permanently bar green cards
Others may require waivers
Attorney review is essential
Family Members and Dependents
When filing for family members:
Each person files a separate I-485 (AOS) or receives a separate immigrant visa (CP)
Families usually choose the same path for simplicity
Mixed processing is allowed but more complex
Adjustment of Status (Form I-485)
Adjustment of Status (AOS) allows you to become a U.S. permanent resident without leaving the United States.
You file Form I-485 with USCIS once your priority date is current under the Visa Bulletin.
Eligibility Requirements for AOS
To file Adjustment of Status, you generally must:
Be physically present in the U.S.
Be in valid immigration status (with limited exceptions)
Have a current priority date
Have no bars to adjustment, such as certain status violations or fraud
AOS Process Overview
The typical Adjustment of Status process includes:
Filing Form I-485 with supporting documents
Filing Form I-765 (EAD) and Form I-131 (Advance Parole) concurrently
Attending a biometrics appointment
Receiving EAD (usually in 3–6 months)
Attending an interview, if required
Receiving a green card (approximately 8–24 months total)
Benefits of Adjustment of Status
AOS offers several advantages:
Remain in the U.S. throughout the process
Work authorization through EAD for any employer
International travel with Advance Parole
AC21 portability after 180 days (ability to change jobs)
No consular interview abroad
Consular Processing
Consular Processing (CP) requires attending a green card interview at a U.S. embassy or consulate abroad, usually in your home country or country of residence.
Consular Processing Steps
The typical CP process includes:
Approval of Form I-140
Case transfer to the National Visa Center (NVC)
Payment of fees and submission of documents
Interview scheduling by the embassy
Attending the interview abroad
Receiving an immigrant visa if approved
Entering the U.S. as a permanent resident
Benefits of Consular Processing
Consular Processing may be preferable because:
It can be faster for certain countries
No need to maintain U.S. immigration status
Ideal if you are already outside the U.S.
Lower filing costs
Avoids I-485 processing complexity
Adjustment of Status vs Consular Processing
Location
AOS: Stay in the U.S.
CP: Travel abroad required
Work Authorization
AOS: EAD while pending
CP: None until green card issued
Travel
AOS: Advance Parole required
CP: No restrictions after entry
Timeline
AOS: 8–24 months
CP: 6–18 months (varies by country)
Cost
AOS: Higher (I-485, EAD, AP fees)
CP: Lower
Risk
AOS: Status issues if denied
CP: Risk of being stuck abroad if denied
When Adjustment of Status Is the Better Option
AOS is usually preferable if:
You are in the U.S. on valid status
You want to continue working without interruption
Your employer wants you to remain in the U.S.
You have close family in the U.S.
You want job flexibility with EAD
Your home-country consulate has long delays
Important AOS Considerations
You must maintain valid status until filing I-485
Certain violations permanently bar AOS
Processing times vary by USCIS location
Interview may or may not be required
When Consular Processing Makes More Sense
CP is often the better choice if:
You are already outside the U.S.
You have status issues preventing AOS
Your embassy processes cases quickly
You want to avoid U.S. filing complexity
You entered the U.S. without inspection (AOS barred in most cases)
Important CP Considerations
Travel abroad is mandatory
If denied, you cannot return immediately
No work authorization while waiting
Some embassies have significant backlogs
Special Situations That Require Extra Caution
Unlawful Presence
If you accrued 180+ days of unlawful presence and departed the U.S., AOS may not be available
Consular Processing with a waiver may be required
Prior Deportation or Removal
May bar both AOS and CP
Waivers may be possible but require legal guidance
Criminal Issues
Some crimes permanently bar green cards
Others may require waivers
Attorney review is essential
Family Members and Dependents
When filing for family members:
Each person files a separate I-485 (AOS) or receives a separate immigrant visa (CP)
Families usually choose the same path for simplicity
Mixed processing is allowed but more complex
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.
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.
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.
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.
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.
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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