Adjustment of Status Versus Consular Processing

Once the foreign national has obtained an approved immigrant petition (family–based or employment-based) from the USCIS, he or she can apply for permanent residence (green card) via two distinct processes.  One is called consular processing (CP); the other is adjustment of status (AOS).  Consular processing applicants apply for an immigrant visa at a U.S. consulate abroad, usually in their home country.  Adjustment of status is the process by which a person already in the United States has their immigration status adjusted to that of a permanent resident. 

Generally, applicants who are in the United States in a valid non-immigrant status may choose to consular process or adjust status at the time the initial immigrant petition is filed.  However, if the applicant is outside the United States and does not possess a valid non-immigrant visa, he or she will need to apply for an immigrant visa at the consulate.

Deciding whether to pursue consular processing or adjusting status can be a difficult choice.  The key advantage of consular processing is that consular processing is generally much faster than adjusting status in the United States.  Consular processing can be completed within a year under normal circumstances, whereas adjustment of status application can take one to three years in the United States. 

Adjusting status has several advantages.  First, processing takes place in the United States that does not require applicant to travel abroad.  Second, the applicant can work while waiting for processing to take place.  Additionally, if the decision takes longer than 180 days, an employment-based applicant may change employers because of portability.  Finally, if an applicant is subject to the 3- or 10-year re-entry bar, adjusting status in the United States would mean that potential bars on reentry may be avoided.

Another key advantage of adjusting status is that an I-130 petitions for immediate relatives and I-140 employment based immigrant application can be filed simultaneously with an adjustment of status application, provided that visa numbers are available at eh time of filing.  This has helped to cut down the time advantage of consular processing.  

There are other advantages and consequences of each option depending on each individual’s particular circumstances.  To find out which process is right for you, please contact our office http://stonehavenlaw.com/contact_us.html for a free consultation.

Disclaimer: The information provided here is of a general nature.  It should not be construed as legal advice and does not constitute an engagement of the Stone Haven Law Group or establish an attorney-client relationship.