Applying for a Green Card through Adjustment of Status (AOS) vs Consular processing

When applying for a family-based Green Card, the appropriate process to follow will depend on where the applicant (immigrant) resides, among other factors, such as entering the U.S. unlawfully or overstaying their visa; people in these situations may be eligible to apply for a waiver as part of their family-based Green Card process. This guide will explain whether Adjustment of Status or Consular Processing is the best path for you to follow.

What green card process is right for me?

As the applicant, you must determine whether you can apply through an Adjustment of Status (AOS) process or Consular Processing. The most suitable option depends on your unique situation.

If you are living in the United States, you must follow the process known as “Adjustment of Status”. It is also referred to as “concurrent filing” when the required paperwork for the Family Sponsorship (I-130) and Adjustment of Status application (I-485) are filed together. All applications filed from within the United States are handled by U.S. Citizenship and Immigration Services (USCIS).

If you are currently living outside the United States or need a “provisional unlawful presence waiver”, you must follow “Consular Processing”. You must file an immigrant visa application at a U.S. Embassy or Consulate. Applications filed in another country are handled by the National Visa Center (NVC), which is part of the U.S. Department of State.

The main differences between the two processes are listed below.

Adjustment of Status (AOS)

Consular Processing

Applicable if you are living in the U.S. and do not need a “provisional unlawful presence waiver”
Allows for stay in the U.S. while the Adjustment of Status application is pending, and until the case reaches a decision
You can apply for an Employment Authorization Document (EAD) and permission to travel abroad and return with an Advance Parole
An attorney may attend the interview with you
You are entitled to a right to appeal with an immigration judge if the application is denied

Applicable if you are living in another country, outside the U.S, or have lived in the U.S. but entered the U.S. unlawfully or overstayed your visa and need a “provisional unlawful presence waiver”
If you have lived in the U.S. on a temporary visa, you must travel back to your home country and complete the application there
You cannot have an attorney present during the interview process
You do not have a right to an appeal if the application is denied in consular processing

In addition, each process has a separate set of application forms, supporting documents, costs, and timelines, but the overall eligibility requirements are the same. See more below.

What forms are required for the green card process?

The AOS and Consular applications typically include these forms with cost breakdown:

Adjustment of Status (AOS)	Cost	Consular Processing	Cost
Total Cost:	$1,760	Total Cost:	$1,200
Form I-130 (Petition for Alien Relative)	$535	Form I-130 (Petition for Alien Relative)	$535
Form I-130A (Supplemental Information for Spouse Beneficiary)	$0	Form I-130A (Supplemental Information for Spouse Beneficiary)	$0
Form I-485 (Application to Adjust Status)	$1,140	DS-260 Immigrant Visa Application	$325
Form I-864 (Affidavit of Support)	$0	Form I-864 (Affidavit of Support)	$120
Form I-693 (Report of Medical Examination and Vaccination Record)	$0	Form I-693 (Report of Medical Examination and Vaccination Record)	$0
Form I-765 (Application for Employment Authorization)	$0	USCIS Immigrant Fee	$220
Form I-131 (Application for Travel Document)	$0
Biometric test (applicants ages 14-78)	$85

How long is the Green Card process?

Processing times will vary for each path, current caseloads, and applicant’s individual circumstances. However, the time it takes to adjust status to permanent residence will take longer than applying for an immigrant visa through consular processing.

Adjustment of Status (AOS)	Consular Processing
AOS processing could be between 8 and 14 months for issuance of a Green Card.	Consular processing times may range from 5 to 12 months. In cases where additional evidence is requested, processing could take more than 12 months until the Green Card is issued.

Although it may take longer to apply through AOS, the benefit is that you may remain in the United States to complete the process. This also allows you to work (with an approved EAD) while waiting for issuance of the Green Card.

Can I switch from Consular Processing to Adjustment of Status?

It is possible to switch processes mid-stream, if needed. If the application was initially filed through consular processing for the immigrant petition (Form I-130), an AOS application may also be filed. Provided the applicant is eligible to adjust status, Form I-485 is filed with USCIS, and the case will be recalled from the NVC. Consular processing will be canceled, and the file will be transferred from the NVC to the USCIS Service Center deciding the application. This will add several extra months to the actual processing time.

Alternatively, a change can be made from AOS to consular by filing Form I-824, Application for Action on an Approved Application or Petition, after approval of Form I-130. It may take up to one year to transfer the file from USCIS to NVC.

What if my green card application is denied?

If USCIS denies the AOS application, the denial may be challenged through the administrative and/or judicial appellate processes. On the other hand, consular cases for an immigrant visa that are denied are non-reviewable, which means the decision is final.

Adjustment of Status (AOS)	Consular Processing
USCIS will issue a denial notice for applications that do not meet eligibility requirements. USCIS officers can also deny an AOS application for discretionary reasons based on certain factors such as fraudulent information or misrepresentation of facts on the initial application, unlawful entry, criminal background, illegal overstay, etc.	For a consular application, the consular officer must have specific, factual evidence for denying an application. Thus, the threshold for denying an applicant is much slimmer.

Can I travel during the green card process?

We recommend consulting with an immigration attorney before departing the U.S. to ensure that the proper documentation to travel has been obtained.

Adjustment of Status (AOS)

Consular Processing

While the AOS application is pending, you should not leave the United States. If you do so without first obtaining permission in the form of an Advance Parole, immigration officials may deem your application for permanent residency to have been abandoned and reentry to the U.S. may not be allowed. To travel, an Advance Parole must be obtained, valid for the entire duration of the time abroad, and will remain valid upon return to the U.S.

Please note that Advance Parole does not guarantee admission into the United States, as individuals with Advance Parole are still subject to the U.S. Customs and Border Protection inspection process at the port of entry.

It is not typically advisable to visit the United States while the petition for an immigrant visa is still under review. Nonimmigrant visas, like visitor visas (B-1/B-2), are meant to be used for short temporary visits. Therefore, having a I-130 petition already filed appears contradictory to the U.S. government since it signals an intent that you are trying to move to the United States permanently.