Key Differences Between Adjustment of Status

Applicants typically have two main pathways when applying for a U.S. green card: Adjustment of Status and Consular Processing. Both methods lead to the same goal—permanent residency—but differ significantly in procedures, eligibility, and overall experience. Understanding these key differences is crucial to choosing the best option for your immigration journey.

1. Location of Application

The most significant difference between Adjustment of Status and Consular Processing lies in the application's location.

• Adjustment of Status (AOS): This process is for individuals already physically present in the United States. It allows the applicant to apply for a green card without leaving the country, transitioning from their current visa status to permanent residency.
• Consular Processing (CP): This option is for individuals outside the United States or who prefer to complete the process abroad. Applicants attend an interview at a U.S. consulate or embassy in their home country and receive their immigrant visa to enter the U.S. as lawful permanent residents.

2. Processing Time

Processing times can vary between the two methods.

• Adjustment of Status: AOS can take longer because it involves multiple steps within the U.S. Citizenship and Immigration Services (USCIS) system, including biometrics appointments, interviews, and potential requests for additional evidence. The process can take several months to over a year, depending on the applicant's situation and USCIS workload.
• Consular Processing: CP is generally faster because it bypasses some of the domestic steps involved in AOS. Once the National Visa Center (NVC) processes the application and schedules the interview, applicants can expect a decision within a few months.

3. Travel Restrictions

The ability to travel during the green card process is another crucial difference.

• Adjustment of Status: Applicants who opt for AOS must be cautious about travelling outside the U.S. during the process. Leaving the U.S. may be considered abandoning their application unless they obtain advance parole. Advance parole allows applicants to re-enter the country without jeopardizing their status.
• Consular Processing: Since CP applicants are typically outside the U.S. or will complete the process abroad, they face no travel restrictions regarding their green card application. They can continue to live and travel freely while waiting for their interview appointment at the U.S. consulate.

4. Eligibility for Work Authorization

One of the critical benefits of AOS is the ability to apply for work authorization and a travel document (advance parole) while the green card application is pending.

• Adjustment of Status: AOS applicants can submit Form I-765 to request employment authorization while their green card application is under review. This means they can legally work in the U.S. while waiting for a decision, often within a few months of filing.
• Consular Processing: CP applicants only have the option to work in the U.S. once they receive their green card and enter the country. There is no provision for applying for work authorization before receiving the green card.

5. Risk of Denial

The consequences of a green card denial vary depending on whether the applicant uses AOS or CP.

• Adjustment of Status: If the application is denied while the applicant is in the U.S., they may be able to appeal the decision, file a motion to reopen, or adjust their application to a different visa category. Sometimes, they may face removal proceedings if their visa status has expired.
• Consular Processing: Denials in consular processing can be more challenging to resolve. Since the applicant is outside the U.S., they may need to reapply or appeal the decision. Additionally, there needs to be more flexibility for addressing mistakes or providing further evidence once the consulate has decided.

6. Interview Requirements

Both processes involve an interview, but the location and experience differ.

• Adjustment of Status: Interviews for AOS occur at a local USCIS office in the U.S. Applicants attend these interviews in person and are often required to provide additional evidence, especially in family-based green card cases.
• Consular Processing: CP interviews are conducted at a U.S. embassy or consulate in the applicant's home country. These interviews are more straightforward, focusing on verifying the applicant's identity, background, and eligibility for the green card.

7. Cost Differences

While both pathways involve fees, the costs can differ based on the process chosen.

• Adjustment of Status: AOS requires filing multiple forms, which can lead to higher overall costs. Applicants often pay separate fees for the green card application, biometric services, work authorization, and advance parole.
• Consular Processing: CP usually has fewer associated fees, as applicants file fewer forms. However, applicants may need to consider the costs of travelling to the U.S. consulate and any medical exams required for the immigrant visa.

8. Availability of Legal Protection

AOS applicants benefit from certain legal protections while their application is pending.

• Adjustment of Status: Applicants for AOS are protected from deportation while their green card application is under review, provided they maintain their current visa status. This legal protection is crucial for individuals facing immigration issues if their status lapses.
• Consular Processing: CP applicants are not protected under U.S. immigration law outside the country. If their visa application is denied, they have limited legal recourse and may face long waiting periods to reapply.

Conclusion

Choosing between Adjustment of Status and Consular Processing is a significant decision that depends on your circumstances, location, and preferences. AOS is ideal for those already in the U.S. who want to remain in the country during the application process. At the same time, CP may be more suitable for individuals applying from abroad. By understanding the key differences—such as processing times, travel restrictions, and work authorization—applicants can make informed decisions about the best path to obtaining permanent residency.