Difference Between Adjustment of Status and Consular Processing?

This article was last updated and fact checked on October 15, 2024 by Mani Karthik.

What is the Difference Between Adjustment of Status and Consular Processing?

So, you’re on your way to getting a US green card, and suddenly you’re faced with two paths: Adjustment of Status (AOS) or Consular Processing.

Confused about which one’s right for you?

Don’t worry—you’re not alone.

Many green card applicants find themselves puzzled by these two options. Let’s break down the difference so you can figure out which process fits your situation.

What is Adjustment of Status (AOS)?

Adjustment of Status (AOS) is an option available to people already living in the United States who want to switch from their current visa to permanent resident status (green card) without leaving the country.

Basically, if you’re in the US on a non-immigrant visa (like a work visa or student visa), and you’re eligible for a green card, AOS lets you handle the whole process from within the US.

Key Features of AOS:

• No need to leave the US: You stay in the country while your green card application is processed.
• File Form I-485: This is the form you’ll submit to apply for AOS.
• Work authorization & travel permits: While your AOS application is pending, you can apply for work authorization (EAD) and travel permits (Advance Parole) to keep working and traveling.
• Interview at a USCIS office: You’ll attend an interview at a local USCIS office.

Tip: AOS is a good option if you’re already in the US legally and want to avoid the hassle of leaving and re-entering the country.

What is Consular Processing?

On the other hand, Consular Processing is the method used if you’re applying for a green card from outside the United States.

In this case, you’ll go through the US embassy or consulate in your home country.

Once you’re approved, you’ll enter the US with your green card in hand.

Key Features of Consular Processing:

• Apply from outside the US: The entire green card application process happens at a US consulate or embassy in your home country.
• Immigrant visa approval: You’ll receive an immigrant visa, and when you enter the US, you become a lawful permanent resident.
• No work authorization while waiting: Unlike AOS, there’s no work permit or travel authorization while your consular processing is pending.
• Consulate interview: You’ll have an interview at the US consulate in your home country, and once approved, you’ll enter the US as a permanent resident.

Tip: If you’re living outside the US, Consular Processing is your only option to apply for a green card.

AOS vs. Consular Processing: Key Differences

Now, let’s get into the real difference between these two processes.

Here are the major distinctions:

Location

• AOS: You stay in the US while your application is processed.
• Consular Processing: You apply from your home country and enter the US once approved.

Travel During Processing

• AOS: You can apply for Advance Parole, which allows you to travel outside the US while waiting for your green card.
• Consular Processing: No need to apply for travel permits since you’re outside the US.

Processing Time

• AOS: Can take 6 months to over a year due to backlogs at USCIS.
• Consular Processing: Often faster, with typical wait times ranging from 6 to 12 months depending on the country.

Interview

• AOS: Interview at a local USCIS office.
• Consular Processing: Interview at a US embassy or consulate.

Which One Should You Choose?

If you’re already in the US and eligible for a green card, Adjustment of Status might be more convenient since you don’t have to leave the country. Plus, you can apply for work authorization and travel permits while your application is pending.

But if you’re outside the US, Consular Processing is your only choice. It’s often faster but doesn’t offer the flexibility of working or traveling while waiting.

Final Thoughts

Choosing between Adjustment of Status and Consular Processing depends entirely on your personal situation.

If you’re in the US and want to stay, AOS is the way to go. But if you’re outside the US or prefer a quicker process, Consular Processing is likely your best bet.

Still not sure? Consulting with an immigration attorney can help you figure out the best route to take.

Good luck with your green card journey!