Adjustment of Status vs. Consular Processing: Which One Is Faster?

Adjustment of Status (AOS) and Consular Processing (CP) are two primary pathways for obtaining a U.S. green card, each serving a distinct purpose in the immigration process. AOS allows individuals already residing in the United States to apply for permanent residency without having to return to their home country. This process is particularly beneficial for those who wish to remain in the U.S. while their application is being processed. On the other hand, Consular Processing is designed for individuals who are outside the United States and need to apply for a green card through a U.S. consulate or embassy in their home country. Both processes ultimately aim to grant lawful permanent residency, but they cater to different circumstances and requirements.

Eligibility criteria for AOS and CP vary significantly, which can influence an applicant's decision on which route to pursue. For AOS, applicants must typically be physically present in the U.S. and have entered the country legally. They must also have an approved immigrant petition, such as a family-sponsored or employment-based petition. In contrast, CP applicants must have an approved immigrant petition and be eligible for an immigrant visa number. The choice between AOS and CP often hinges on an individual's current location and immigration status, making it crucial to understand the distinct requirements and benefits of each process.

Understanding Adjustment of Status (AOS)

Adjustment of Status allows eligible immigrants who are already in the U.S. to apply for a green card without leaving the country. The process is handled by U.S. Citizenship and Immigration Services (USCIS) and involves submitting Form I-485 (Application to Register Permanent Residence or Adjust Status). This form is accompanied by various supporting documents, including proof of eligibility and identity. Once the application is submitted, applicants are typically required to attend a biometrics appointment, where their fingerprints, photographs, and signatures are collected. The final step often involves an interview with a U.S. Citizenship and Immigration Services (USCIS) officer, who will assess the applicant's eligibility for a green card. Throughout this process, applicants may also apply for work authorization and advance parole, allowing them to work and travel while their application is pending.

Advantages of Adjustment of Status

• Stay in the U.S. while your case is processed.
• Work and travel authorization available while the application is pending.
• More legal protections in case of denial, including potential appeals.

Disadvantages of Adjustment of Status

• Longer processing times, typically 12-24 months.
• In-person interview required at a USCIS office.
• Not available to everyone; some visa holders or those with immigration violations may not qualify.

Understanding Consular Processing (CP)

Consular Processing is the method used when applying for a green card from outside the U.S. or when a U.S.-based applicant is required to complete the process abroad. The U.S. Department of State manages CP, and applicants must attend an interview at a U.S. embassy or consulate. Consular Processing requires applicants to submit Form DS-260, Immigrant Visa and Alien Registration Application, through the U.S. Department of State's Consular Electronic Application Center. This form is followed by the submission of civil documents and fees. Once the National Visa Center (NVC) reviews and approves the application, the applicant is scheduled for a consular interview at a U.S. embassy or consulate. During this interview, a consular officer will evaluate the applicant's qualifications and determine their eligibility for an immigrant visa. Successful applicants receive their visa and can travel to the U.S., where they are granted permanent residency upon entry. Each step in both processes is crucial and requires careful attention to detail to ensure a smooth and successful application.

Advantages of Consular Processing

• Faster processing times, usually 6-12 months.
• Avoids USCIS delays and backlogs.
• Clearer approval process, with the green card typically issued upon entry to the U.S.

Disadvantages of Consular Processing

• Requires travel abroad for an interview, which can be costly and risky.
• Limited appeal options if the visa is denied.
• Uncertain interview scheduling depending on consular workload.

Which Process Is Faster?

Processing Time for Adjustment of Status (AOS)

• Average processing time: 12-24 months (varies by USCIS service center).
• Main causes of delays: backlogs, interview scheduling, and additional evidence requests.

Processing Time for Consular Processing (CP)

• Average processing time: 6-12 months (varies by country and embassy).
• Main causes of delays: visa bulletin backlogs, consular interview availability, and document verification.

Why Is Consular Processing Faster?

• No USCIS interview backlogs; consular interviews tend to be scheduled more quickly.
• No additional work or travel permit delays, since these are not required for CP applicants.
• Direct processing by the U.S. Department of State, which often handles cases more efficiently than USCIS.

Making the Right Choice: Factors to Consider

Choosing between Adjustment of Status and Consular Processing requires careful consideration of personal circumstances and preferences. Applicants should assess their current location, immigration status, and travel needs to determine which pathway aligns best with their situation. For instance, individuals who are already in the United States and wish to avoid international travel may prefer AOS, while those residing abroad may find CP to be more straightforward. Additionally, applicants should consider their employment situation, family commitments, and any potential inadmissibility issues that may impact their eligibility for either process. Consulting with an immigration attorney can provide valuable insights and personalized advice to help applicants make informed decisions.

It's also important for applicants to consider their long-term goals and priorities when choosing between AOS and CP. For some, the ability to remain in the United States during processing and obtain work authorization may be a deciding factor in favor of AOS. For others, the potential for faster processing times and fewer travel restrictions may make CP the more attractive option. By evaluating their personal circumstances and preferences, applicants can choose the pathway that best supports their immigration goals and aligns with their unique needs.

Impact of Recent Policy Changes

Recent immigration policy changes can significantly impact the decision-making process for applicants seeking a U.S. green card. Changes in processing times, eligibility criteria, and application procedures can influence the choice between Adjustment of Status and Consular Processing. For example, policy updates that streamline AOS procedures or increase visa availability for certain categories may make AOS more appealing for some applicants. Conversely, changes that expedite CP processing or reduce consular backlogs may sway others toward Consular Processing. Staying informed about current and potential future policy changes is crucial for applicants to make well-informed decisions.

Applicants should also consider how recent policy changes may affect their eligibility and processing timelines. For instance, changes in priority dates or visa availability can impact the speed at which applications are processed, making it essential to stay updated on the latest developments. Consulting with an experienced immigration attorney can provide valuable insights into how policy changes may influence an applicant's options and help them navigate the complexities of the immigration process. By understanding the impact of recent policy changes, applicants can make informed decisions that align with their immigration goals and ensure a successful application process.

Contact Our AOS lawyers

If you're navigating the complexities of obtaining a U.S. green card and need personalized guidance, Yekrangi & Associates in Irvine, CA, is here to help. Our experienced immigration attorneys are dedicated to providing comprehensive support tailored to your unique circumstances. Contact us today to schedule a consultation and take the first step toward achieving your immigration goals.

To schedule an initial consultation with us today, don't hesitate to contact us at (949) 478-4963.