For immigrants in America seeking to become permanent residents and obtain a green card, there are two main pathways: Adjustment of Status and Consular Processing. Both routes lead to the same goal of obtaining lawful permanent resident status, but they are different processes with distinct eligibility criteria and procedures. In this article, we will dive into the details of Adjustment of Status and Consular Processing, helping you understand the differences between these two options.

Adjustment of Status:

Adjustment of Status (AOS) is a process available to certain foreign nationals who are already present in the United States. It allows eligible individuals to apply for lawful permanent resident status, commonly known as a green card, without having to leave the country. This process is applicable to various immigrant categories, such as family-based, employment-based, diversity lottery winners, and asylees/refugees. Take our free short survey to know if you’re eligible for our Adjustment of Status service here.

Eligibility for Adjustment of Status

To be eligible for Adjustment of Status, the applicant must meet specific requirements, such as:

a) Proper Entry: The applicant must have entered the United States legally on a valid visa, and their visa status should still be valid at the time of filing the adjustment application.

b) Priority Date: For family-based or employment-based applicants, there may be a priority date assigned based on the visa bulletin. The priority date determines the applicant's place in the queue for a visa, as there may be numerical limitations per category each year.

c) Nonimmigrant Status: Some categories may require the applicant to be in a specific nonimmigrant status, like an H-1B, L-1, or other work visas, at the time of filing.

d) No Violations: The applicant should not have committed any serious immigration violations or crimes that would disqualify them from adjustment.

Benefits of Adjustment of Status

The primary benefit of AOS is that applicants can remain in the United States with their families and continue their employment while their green card application is being processed.

Consular Processing

Consular Processing is an alternative process for obtaining a green card that is used when the applicant is outside the United States or ineligible for Adjustment of Status. It involves applying for an immigrant visa at a U.S. embassy or consulate in their home country or another country where they have legal status.

Eligibility for Consular Processing:

Eligibility for Consular Processing varies depending on the immigrant category, but generally, the following requirements apply:

a) Residence Abroad: The applicant must be outside the United States at the time of filing the application.

b) Immigrant Visa Petition Approval: Before starting Consular Processing, the applicant must have an approved immigrant visa petition, such as Form I-130 (for family-sponsored immigrants) or Form I-140 (for employment-based immigrants).

c) National Visa Center (NVC) Processing: After approval of the immigrant petition, the NVC will process the case and schedule an interview at the U.S. embassy or consulate.

Benefits of Consular Processing:

Consular Processing allows individuals outside the U.S. to obtain a green card without the need to travel back to their home country. Once the immigrant visa is approved, they can enter the United States as a permanent resident.

Key Differences Between Adjustment of Status and Consular Processing:

- Location: AOS is for individuals already present in the United States, while Consular Processing is for those outside the U.S.

- Continuous Presence: With AOS, the applicant can stay in the U.S. throughout the process, while Consular Processing requires them to wait abroad until the visa is issued.

- Travel: AOS applicants can travel within the U.S. without disrupting their application, but Consular Processing applicants must stay abroad until the visa is approved.

Conclusion

Understanding the difference between Adjustment of Status and Consular Processing is essential for immigrants seeking to become permanent residents in the United States. Whether you are eligible for one or the other, both pathways lead to the same result: obtaining a green card and becoming a permanent resident. Consulting with an experienced immigration attorney or experts like USpathway.org can greatly help in navigating these processes and increasing your chances of a successful application. Remember, every individual's case is unique, and seeking professional guidance can make a significant difference in your immigration journey.