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When a family member qualifies for a U.S. green card through a family-based immigrant petition, there are generally two ways to complete the process: adjustment of status or consular processing.
The right option depends largely on where the beneficiary is living, whether they qualify to adjust status in the United States, and whether an immigrant visa is available. Choosing the wrong path or failing to provide accurate information about the beneficiary’s location can create unnecessary delays.
If you’re trying to decide between adjustment of status vs. consular processing, understanding how each process works can help you have a more productive conversation with an immigration attorney about your case.
What Is Adjustment of Status?
Adjustment of status allows an eligible person who is already in the United States to apply for lawful permanent residence without leaving the country to obtain an immigrant visa.
The application is generally filed with U.S. Citizenship and Immigration Services (USCIS) using Form I-485, Application to Register Permanent Residence or Adjust Status. Depending on the case, the applicant may also file other applications or forms related to the green card process.
For family-based cases, eligibility can depend on the applicant’s relationship to the petitioner, the immigrant visa category, whether a visa is immediately available, and whether the applicant meets the requirements to adjust status.
USCIS specifically distinguishes adjustment of status from consular processing: an eligible beneficiary inside the United States may apply for adjustment, while a beneficiary outside the country generally goes through the immigrant visa process with the Department of State.
What Is Consular Processing?
Consular processing is the process used to obtain an immigrant visa through a U.S. embassy or consulate abroad. It is generally the route for a beneficiary who will complete the immigration process outside the United States.
After USCIS approves an immigrant petition that requires consular processing, the case is generally transferred to the National Visa Center (NVC). The NVC collects required fees, forms, and supporting documents before coordinating the immigrant visa interview with the appropriate U.S. embassy or consulate.
The beneficiary typically completes the immigrant visa application, submits civil and financial documents, completes the required medical examination, and attends an interview.
You can learn more about consular processing and immigrant visas.
Adjustment of Status vs. Consular Processing: Key Differences
Although both processes can lead to lawful permanent residence, they work differently.
| Adjustment of Status | Consular Processing |
|---|---|
| Usually completed while the applicant is in the United States | Usually completed through a U.S. embassy or consulate abroad |
| Application is generally filed with USCIS | Immigrant visa processing is handled through the Department of State |
| Uses Form I-485 | Uses the immigrant visa application process, including Form DS-260 |
| The applicant generally attends an interview with USCIS if one is required | The applicant attends an immigrant visa interview abroad |
| The applicant does not generally need to leave the U.S. simply to complete the adjustment process | The applicant must travel to the designated immigrant visa processing post for the interview |
The choice is not always based simply on whether someone happens to be inside or outside the United States. Eligibility requirements and the applicant’s individual immigration history also matter.
Who May Qualify for Adjustment of Status?
Being physically present in the United States does not automatically mean that someone can adjust status.
For example, an applicant may need to have entered the United States in a particular manner and maintain eligibility under the applicable immigration rules. Certain violations of immigration status or unauthorized employment can affect eligibility, although there are important exceptions depending on the relationship and immigration category.
Immediate relatives of U.S. citizens may have certain advantages under the adjustment-of-status rules that do not apply to every family preference category.
If the beneficiary has ever overstayed a visa, worked without authorization, entered the country without inspection, or had another immigration issue, it is especially important to have the case reviewed before filing an adjustment application.
Who May Need Consular Processing?
Consular processing is commonly used when the beneficiary is living outside the United States and needs to obtain an immigrant visa before traveling to the country as a permanent resident.
It may also become relevant when someone in the United States is not eligible to adjust status and must complete the immigrant visa process abroad.
Leaving the United States can have serious consequences in some cases. A person who has accumulated certain periods of unlawful presence may face a period of inadmissibility after departing the country. Because of this, someone should not assume that simply leaving the U.S. and applying for an immigrant visa abroad is a straightforward solution.
A review of the person’s immigration history should take place before making that decision.
What Happens After an I-130 Is Approved?
An approved Form I-130, Petition for Alien Relative, does not automatically mean that the beneficiary immediately receives a green card.
The next step depends on the beneficiary’s location, eligibility, and visa category. USCIS has guidance addressing whether an approved family-based petition should be retained for adjustment of status or sent to the NVC for consular processing. Providing accurate information about the beneficiary’s intended process and current location is important because incorrect information can result in delays.
For family preference categories, there can also be a wait for an immigrant visa number to become available. NVC explains that visa availability is tied to the applicable category and, where numerical limits apply, the beneficiary’s priority date.
Which Process Is Faster?
There is no universal answer.
Processing times can vary depending on the applicant’s category, the government agency handling the case, the location of an interview, visa availability, and whether additional review or documentation is required.
For consular processing, the NVC must review the required documentation before an interview can be scheduled. Interview availability also depends on the U.S. embassy or consulate handling the case.
For adjustment of status, processing takes place through USCIS and can also involve biometrics, an interview, requests for additional evidence, and other case-specific steps.
Rather than choosing a process based solely on an estimated timeline, it is better to determine which process you are legally eligible to use and then consider the practical differences.
Can You Change From One Process to the Other?
Sometimes, but changing the intended process can require additional steps.
For example, if USCIS retains an approved petition for adjustment of status when the beneficiary actually needs consular processing, the petitioner may need to take action to have the petition transferred to the NVC. USCIS has specifically emphasized the importance of providing accurate information about whether the beneficiary intends to adjust status or pursue consular processing.
If circumstances change during the case, the appropriate procedure depends on where the petition and application are currently being processed.
What About the Interview?
Both processes can involve an interview, but the location and agency are different.
For adjustment of status, USCIS may require the applicant to attend an interview in the United States. For consular processing, the applicant attends an immigrant visa interview at the designated U.S. embassy or consulate.
The Department of State currently generally schedules immigrant visa applicants at the consular district corresponding to their place of residence, or in their country of nationality if requested, subject to limited exceptions.
Applicants should also be prepared for the possibility that a consular case may require additional administrative processing after the interview.
Which Option Is Right for Your Family?
There is no single answer to the question of adjustment of status vs. consular processing.
Adjustment of status may make sense for someone who is already in the United States and meets the requirements to apply for permanent residence without leaving the country. Consular processing may be appropriate for someone living abroad or for an applicant who cannot adjust status in the United States.
Other factors can change the analysis, including:
- The applicant’s immigration history
- How the applicant entered the United States
- Current immigration status
- The family relationship between the petitioner and beneficiary
- Whether the beneficiary’s visa category has an available visa number
- Previous immigration violations
- Possible grounds of inadmissibility
- Whether the applicant has dependents immigrating with them
Because these details can significantly affect the outcome, choosing between the two processes should be based on the specific facts of the case.
Get Help Choosing the Right Immigration Process
The difference between adjustment of status and consular processing is more than a matter of choosing where an interview will take place. The process you use can affect where you apply, what forms you submit, whether you can remain in the United States while the case is pending, and what risks you may face if you need to leave the country.
If you are pursuing a family-based green card and aren’t sure whether adjustment of status or consular processing is right for you, Abogada Nancy can review your circumstances and explain the options available.
Contact Abogada Nancy to discuss your family-based immigration case and determine the appropriate next step.
