Adjustment of Status vs Consular Processing? Key Differences

Introduction

In applying for a Green Card, the option between adjustment of status vs consular processing is a key consideration. Both pathways have different requirements for eligibility, steps in the process, processing times, and risks. Depending on whether you are applying via family sponsorship, employment, or another category, knowing these two alternatives will ease the application process.

This article will contrast consular processing vs change of status, define what is consular processing, and offer a detailed guide to the difference between I-130 and I-485.

1. What is Adjustment of Status (AOS)?

The adjustment status process enables those already in the United States to apply for permanent residence without having to depart the country. This process is most frequently used by U.S. citizen spouses, employment-based petitioners, and those who qualify for humanitarian protections.

Steps of the Adjustment of Status Process

1. File I-130 and I-485 Concurrently – If eligible, you may file the concurrent I-130 and I-485 filing to expedite processing.
2. File Supporting Documents – Such as evidence of legal entry, birth certificates, and financial sponsorship forms.
3. Visit a Biometrics Appointment – Fingerprinting and background screening are done by USCIS.
4. Employment and Travel Authorization (Optional) – The applicant can apply for a work authorization and advance parole while waiting.
5. Adjustment of Status Interview – USCIS interviews with the applicant to confirm eligibility.
6. Approval and Green Card Issuance – Upon approval, the applicant receives the permanent resident card.

Adjustment of Status Advantages

• No need to exit the U.S. while the process is completed.
• Able to apply for work authorization and a travel permit.
• Visa overstay protection in some instances.
• Right of appeal against USCIS denials.

Disadvantages of Adjustment of Status

• Longer waiting period – The adjustment status process takes 12-24 months.
• High eligibility criteria – Having to enter the U.S. lawfully.
• Increased chance of denial for applicants who have previously violated visas.

2. What is Consular Processing?

For those seeking from abroad, consular processing is the official pathway. This involves securing an immigrant visa at an American embassy or consulate before entry as a legal permanent resident.

Steps in the Consular Processing Process

1. Petition Approval – An American sponsor submits Form I-130 for family cases or Form I-140 for employment-based instances.
2. Case Transfer to the National Visa Center (NVC) – The I-130 consular processing starts when the petition is transferred to the NVC.
3. Submit DS-260 & Supporting Documents – The consular processing procedure includes medical tests, affidavits of financial support, and police record checks.
4. Attend Green Card Interview – Held at the U.S. consulate in the country of the applicant.
5. Receive Immigrant Visa and Enter the U.S. – Within 6 months, the holder of the visa must enter the country.

Pros of Consular Processing

• Typically faster than AOS – The consular processing time tends to be 6-12 months.
• No obligation to have a current U.S. visa status.
• Suitable for applicants overseas who are not eligible for AOS.

Cons of Consular Processing

• Have to travel for an interview at the U.S. consulate.
• The consular processing green card timeline might be postponed by administrative processing.
• No workability or stay in the U.S. throughout the process.

3. Main Differences Between I-130 and I-485 in Green Card Processing

Most applicants are asking what is the difference between I-130 and I-485 or inquiring about the difference between I-130 and I-485 while deciding between AOS and consular processing.

• If applying within the U.S., you can file I-130 and I-485 together to get it processed faster.
• If applying outside the U.S., you first need to wait for I-130 approval before starting the consular process for a green card.

4. How Long Does Consular Processing Take?

Candidates typically ask how long does consular processing takes? or look for the consular processing timeline. On average, the consular processing time is 6-12 months based on case complexity and country-specific visa backlogs.

Consular Processing Green Card Timeline

• I-130 Petition Approval – 6-12 months
• NVC Processing & DS-260 Submission – 2-4 months
• Medical Exam & Interview Scheduling – 1-3 months
• Visa Approval & U.S. Entry – Within 6 months

It is possible to get delays due to background checks or further document requests.

5. Adjustment of Status vs. Consular Processing: What to Choose and When?

How to choose adjustment of status vs. consular processing? It all comes down to considerations such as legality, where one is based, processing times, and risks involved.

When to Select Adjustment of Status (AOS)?

• Already present within the U.S. on an existing visa.
• Eligible to file Form I-130 and I-485 together for faster processing.
• Prefer to remain with family or employer pending Green Card.
• Require work authorization and travel authorization (Advance Parole).
• A risk of rejection if processing through a U.S. consulate.

When to Opt for Consular Processing?

• Presently outside the U.S. and have a petition that has already been approved, I-130 or I-140.
• Require a consular processing marriage Green Card based on a spouse.
• Have a history of visa overstays or unauthorized work that could impact adjustment status process eligibility.
• Prefer a quicker path because the consular processing timeline tends to be shorter than AOS.

6. Comparison of Costs and Fees

Most petitioners ask about the expenses related to I-130 consular processing and adjustment of status status. Below is a summary of average costs:

Which Is Less Costly?

• Consular processing is less costly but costs more in traveling.
• AOS is expensive but offers more benefits such as work authorization and appeal.

7. Avoid These Common Green Card Processing Mistakes

Minor errors in consular processing procedures or AOS applications can cause delays or denials.

Errors in Adjustment of Status

• Filing without proper U.S. entry (except for VAWA/asylum applicants).
• International travel without Advance Parole, resulting in AOS application abandonment.
• Failure to submit financial support documentation (I-864).
• Failure to report to the biometrics appointment or AOS interview.

Mistakes in Consular Processing

• Failure to meet NVC deadlines in consular processing green card timeline.
• Failure to complete DS-260 forms.
• Failure to prepare for U.S. embassy interviews (chance of denial under 221(g) administrative processing).
• Failure to enter the U.S. before the expiration of the immigrant visa.

9. How to Get a Green Card in Less Than 90 Days?

While most people cannot get a Green Card in 90 days, several options can accelerate processing:

• File I-130 and I-485 together if applicable (concurrent filing accelerates approval).
• Utilize premium processing (employment-only) for quicker petition approvals.
• File for consular processing marriage Green Card if already outside the country.
• Make sure all documents are accurate so no RFEs or delays occur.

Final Thoughts & Best Option for Various Scenarios

• When you are already in the U.S., you meet AOS eligibility, and do not wish to travel, go with AOS.
• When you are abroad and prefer a quicker process with reduced expenses, go with consular processing.
• When you desire the quickest route available, make sure you qualify for concurrent I-130 and I-485 filing.

Always hire an immigration lawyer if there are before visa overstay, inadmissibility, or complex situations involved in your case.

Ready to Change Your Visa Status in the U.S.?

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