FAQs

Comparison between Adjustment of Status and Consular Processing

Individuals often have questions about the choice of securing lawful permanent residence status through Consular Processing (CP) or Adjustment of Status (AOS). This general summary may be of assistance in helping to resolve many of the questions applicants have regarding the two processes.  Ultimately the individual must choose one or the other. Both have advantages and disadvantages and there is no right or wrong choice. Please note that once a choice has been made, however, it is not practical to change back to the other process in most cases.

Adjustment of Status

Unlike CP, AOS is filed by mail at United States Citizenship and Immigration Services (USCIS) on form I-485.  AOS remains the preferred option for most individuals.  

Advantages of AOS include:
1. No requirement to travel abroad;
2. Right to legal counsel and to appeal a denial;
3. Ability to remain in the United States and obtain employment authorization for the principal, spouse 
and children;
4. An interview is not required for most employment-based cases and the permanent resident card (also known as a “green card”) arrives in the mail.  Certain family-based cases will require an interview.
5.  Job portability. Once an I-485 has been pending for 180 days at the USCIS, the green card is "vested" in employment-based cases (not other types) and the individual may be able to continue their green card case as long as they are still employed in the same or similar job or occupation, but not necessarily with the same employer. The I-140 petition must be approved before an individual may benefit from this law.  This window creates assurances and a safety net in cases of loss of a job upon which the green card is based. It is NOT available if CP is chosen.

Consular Processing

The CP process is completed at a U.S. Embassy or Consulate abroad through the U.S. Department of State (DOS), not USCIS.  CP can be more burdensome to complete than AOS, but may be a good option for some. 

The advantages of CP are:
1.  Speed.  The time frame for CP is generally less than with AOS.  Additionally, if the dependents (spouse and children) of the primary applicant reside outside of the U.S., it is faster for the entire family to process their immigrant visa applications together at the American consulate or embassy.  Otherwise, the family must wait for the primary applicant to complete AOS before they can be granted their immigrant visas.  This can result in a significant delay for the dependents.
2.  Filing fees for CP are less than for AOS.

The potential disadvantages of pursuing CP include:
1. Required to travel to one’s home country on short notice in order to complete an interview at the American consulate or embassy;
2. Need for police clearances from each country lived in for six months or more since turning 16 years of age (for a limited number of countries this is waived);
3. Completion of a medical exam in the home country and potential delays encountered in waiting for those results to be transmitted to the consulate;
4. No right to legal counsel and limited opportunity to challenge a denial;
5. CP does not stop the limitation on the expiration of temporary visas; and
6. Independent employment authorization cannot be obtained while processing through CP.

CP requires more effort on the part of the individual and family and entails a greater expense and inconvenience if travel is required to attend the interview.  Please note, however, that our office has processed hundreds of individuals through CP without a problem and that a number of clients continue to view CP as viable option to completing green card processing.  Moreover, some individuals because of particular circumstances may not be eligible for AOS and therefore will need to pursue CP.

Processing Times

The processing times of CP and AOS vary, depending on the jurisdiction and on a variety of factors.  With the lengthy adjudication of AOS cases, it is important to note that a change of employment may be permitted where the application remains unadjudicated for at least 180 days if the individual is eligible to utilize the 180 day rule discussed above.

Finally, there was a time when individuals were able to pursue both AOS and CP simultaneously. USCIS and DOS have agreed that this is not to be done, a decision which has resulted in the need to make an election as to which option to pursue and then stick with it.

We hope this summary will be helpful in conducting your personal analysis as to which option to choose.

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