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.
Key Takeaways
- Adjustment of status lets you stay in the US during processing
- Consular processing may be faster for some categories
- Your current status and travel history affect eligibility
- Unlawful presence can create bars to re-entry
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
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Schedule ConsultationDisclaimer: This article is for general information only and is not legal advice. Every case is fact-specific. For legal advice, consult a licensed attorney.