Adjustment of Status vs. Consular Processing: How to Choose

Choosing between adjustment of status and consular processing is one of the most important decisions in your immigration journey. Each path has distinct advantages and risks depending on your circumstances.

What Is Adjustment of Status?

Adjustment of status (Form I-485) allows eligible immigrants to apply for permanent residence while remaining in the United States. You don't need to return to your home country for visa processing.

What Is Consular Processing?

Consular processing requires you to complete your immigrant visa interview at a US embassy or consulate abroad. After approval, you enter the US as a permanent resident.

Key Factors in Your Decision

Current Immigration Status

If you're in valid status in the US, adjustment may be available. If you're abroad or have status issues, consular processing may be required.

Travel Needs

Adjustment applicants may obtain advance parole for travel. Consular processing allows normal travel until your interview date.

Processing Times

Compare current wait times at USCIS field offices vs. the relevant consulate. Times vary significantly by location.

When Adjustment Is Not Available

• Entered without inspection (with limited exceptions)
• Certain visa violations
• Specific inadmissibility grounds
• Visa category doesn't permit adjustment

The Public Charge Rule: What You Need to Know

A major component of Adjustment of Status is proving you will not become a "public charge"—someone primarily dependent on the government for subsistence. USCIS evaluates this based on your age, health, family status, assets, resources, and financial status, and education/skills.

You must answer questions about your history of receiving public benefits. While most non-cash benefits (like Medicaid for children or WIC) are safe, substantial reliance on cash assistance (SSI, TANF) can be problematic. A properly completed Form I-864 Affidavit of Support from your sponsor is your primary defense against a public charge finding.

Concurrent Filing: The "one-Step" Advantage

For "Immediate Relatives" (spouses, parents, and minor children of U.S. citizens), Concurrent Filing allows you to submit the I-130 (Petition) and I-485 (Adjustment) in the same package. The massive benefit here is that you can also file for an Employment Authorization Document (EAD) and Advance Parole (Travel Doc) immediately.

This means even if the green card interview is a year away, the applicant can often start working legally and traveling within a few months of filing. This "benefits bridge" is a lifeline for families, allowing life to continue normally while USCIS processes the main application.

The Medical Exam (Form I-693)

You must undergo a medical examination by a "Civil Surgeon" designated by USCIS. They check for communicable diseases of public health significance (like Tuberculosis, Syphilis, Gonorrhea) and verify your vaccination record.

Strategic Tip: Medical exams are generally valid for two years. You can submit it with your initial specific application (recommended to avoid "Requests for Evidence" delays) or bring it to the interview. Do not open the sealed envelope given to you by the doctor!

Eligibility: The "Inspection and Admission" Requirement

To adjust status under INA 245(a), you generally must have been "inspected and admitted" or "paroled" into the US. This means you entered with a valid visa and stamp from a CBP officer.

The EWI Problem: If you Entered Without Inspection (crossed the border), you generally *cannot* adjust status inside the US, even if you marry a US Citizen. You would likely need to pursue Consular Processing with a Provisional Waiver (I-601A), which creates a risk of being stuck outside the US. Valid exceptions to this include 245(i) protection (old petitions filed before 2001) or having TPS/DACA with Advance Parole entries.

The Public Charge Rule (Form I-944 Update)

While the Trump-era I-944 is gone, the "Public Charge" inadmissibility ground remains. USCIS looks at the "Totality of Circumstances." They review:

• Age: Are you of working age?
• Health: Do you have medical conditions that will inhibit work?
• Family Status: How large is your household?
• Assets/Resources: Do you have savings or a credit score?
• Education/Skills: Do you have a degree or English proficiency?

An I-864 Affidavit of Support from a sponsor earning above 125% of the poverty line is the primary defense against this finding. If your sponsor is marginal, get a Joint Sponsor immediately.

Maintaining Status While Pending

Once you file a valid I-485, you are in a "period of stay authorized by the Attorney General." You do not accrue unlawful presence. However, your underlying visa status (like F-1 or B-2) might expire.

Strategic Warning: If your I-485 is denied and your underlying status has expired, you are immediately removable. This is why maintaining underlying status (like H-1B) during the process is a "belt and suspenders" safety net that we strongly recommend for employment-based applicants.

The Employment Authorization Document (EAD) Timeline

The I-765 (Work Permit) based on a pending Adjustment application (Category c(9)) currently takes 4-8 months to process.

• The Combo Card: Historically, USCIS issued a single card for Work (EAD) and Travel (Advance Parole). Recently, to speed up processing, they are "decoupling" them—issuing the EAD fast but leaving the Travel Doc pending for 10-12 months.
• Work Continuity: If you are on a visa like H-1B, you can keep working on that visa. If you are on a visa that prohibits work (like H-4 without EAD or B-2), you CANNOT work until the c(9) EAD card is physically in your hand. Doing so acts as a violation of status.

Can I work while my Adjustment of Status is pending?

Not automatically. You must file Form I-765 for work authorization. Once approved (usually 3-7 months), you receive a work permit. Without this, working is unauthorized and can complicate your case.

What if I moved after filing?

You must notify USCIS within 10 days of moving using Form AR-11. Failure to do so is a misdemeanor and fewer things cause more missed interviews (and denied cases) than lost mail. Always update your address online immediately.

Disclaimer: This article is for general information only and is not legal advice. Every case is fact-specific. For legal advice, consult a licensed attorney.