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Consular Processing vs Adjustment of Status
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Choosing the Right Path to Permanent Residence.
Getting a U.S. green card generally involves either consular processing or adjustment of status, depending on where you are and whether you qualify to apply from within the United States. The two processes have different eligibility rules, filing steps, and travel considerations. This guide explains the key differences between consular processing and adjustment of status and what may affect which process applies to you.
Adjustment of status allows certain applicants who are already in the United States to apply for lawful permanent residence without leaving the country. Being in the United States does not automatically make someone eligible. Eligibility can depend on factors such as how the applicant entered the country, their immigration category, visa availability, and whether they meet other adjustment requirements.
Consular processing is generally used by applicants who are outside the United States. In petition-based cases, an approved immigrant petition is typically sent to the National Visa Center (NVC), which handles pre-processing before the case proceeds to a U.S. embassy or consulate for an immigrant visa interview.
Some applicants who are in the United States but are not eligible to adjust status may also need to complete consular processing abroad. However, leaving the United States can have immigration consequences, especially for applicants who have accrued unlawful presence or have other immigration violations.
The main differences between consular processing and adjustment of status include:
Where the process takes place: Adjustment of status is completed in the United States, while consular processing is completed through a U.S. embassy or consulate abroad.
Government agencies involved: Adjustment applications are handled primarily by U.S. Citizenship and Immigration Services (USCIS). Consular cases may involve USCIS, the National Visa Center (NVC), and the U.S. Department of State.
Work authorization: Certain adjustment applicants may apply for employment authorization while their Form I-485 is pending. Consular processing does not itself provide U.S. work authorization while an applicant is abroad.
Travel: Certain adjustment applicants may need advance parole before leaving the United States while their Form I-485 is pending to avoid abandoning their application. Exceptions apply in some circumstances.
Immigration history: Unlawful presence, unlawful entry, prior removal orders, and other immigration issues can affect eligibility or create additional concerns when an applicant leaves the United States.
Both processes can lead to lawful permanent residence, but the appropriate route depends on the applicant’s circumstances. A green card lawyer in Texas can help determine which process may apply.
Several factors can determine whether adjustment of status or consular processing is available in a particular case.
Applicants living outside the United States generally complete consular processing. Applicants already in the United States may qualify for adjustment of status if they meet the applicable requirements.
Eligibility can depend on how the applicant entered the country, their immigration category, whether an immigrant visa is available, and whether any grounds of inadmissibility or other restrictions apply. Simply being physically present in the United States is not enough to qualify for adjustment of status.
Travel can have different consequences depending on the process. Certain adjustment applicants who leave the United States while Form I-485 is pending without first obtaining advance parole may be treated as having abandoned their application. Some exceptions apply, including for certain applicants maintaining specific nonimmigrant classifications.
Applicants who must leave the United States for consular processing should also consider whether departure could trigger an immigration bar. For example, certain periods of unlawful presence followed by departure can result in a three-year or ten-year bar to admission.
An applicant’s immigration history can affect both adjustment of status and consular processing. Issues such as unlawful entry, unlawful presence, prior removal orders, visa violations, fraud or misrepresentation, or other grounds of inadmissibility may affect eligibility.
A waiver may be available for some grounds of inadmissibility, but the requirements vary. In certain cases involving unlawful presence, an applicant who must complete consular processing may be eligible to seek a provisional unlawful presence waiver before departing the United States. Approval of that waiver does not provide lawful status or eliminate the requirement to leave the United States for the immigrant visa interview.
Although both processes can lead to lawful permanent residence, the steps differ depending on which path applies.
The adjustment of status process generally involves:
Consular processing generally involves:
Processing times for both paths vary based on the immigration category, visa availability, USCIS processing, consular appointment availability, and the circumstances of the individual case.
Questions can arise when you are unsure whether you qualify for adjustment of status, need to complete consular processing, or have an immigration history that could affect your green card application. An immigration attorney can help you understand which process applies and identify potential issues before you move forward.
If you have questions about consular processing or adjustment of status, contact Andrew T. Thomas, Attorneys at Law, to discuss your circumstances and next steps.
Not always. Which process is available depends on factors such as where you are located, how you entered the United States, your immigration category, visa availability, and your immigration history. Some applicants may qualify for adjustment of status while in the United States, while others must complete immigrant visa processing abroad.
In some circumstances, you may be able to change from consular processing to adjustment of status, or vice versa. However, changing the process may require additional steps with USCIS or the National Visa Center, and you must qualify for the process you want to use.
A pending immigrant petition or consular processing case does not, by itself, give you lawful immigration status or permission to remain in the United States. If you are already in the country, your ability to remain depends on whether you have another lawful basis for doing so.
Leaving the United States after accruing a certain period of unlawful presence may trigger a three-year or ten-year bar to reentry. Some applicants may qualify for a waiver, depending on their circumstances. Because leaving the country can trigger these consequences, it is important to understand how your immigration history may affect you before departing for consular processing.
A consular officer may refuse an immigrant visa because additional documents or information are needed or because the applicant is not currently eligible for the visa. What happens next depends on the reason for the refusal. Some cases can continue after additional information is provided, while others may involve an immigration issue that must be addressed before a visa can be issued.
