Adjustment of Status vs. Consular Processing

Navigating the differences between adjustment of status vs. consular processing in the U.S. immigration system can be challenging. Both pathways lead to lawful permanent residency—i.e., a green card. Still, the primary difference between them is where the noncitizen is located when they happen: consular processing is outside of the U.S., while adjustment is within the U.S.

At the Law Office of Rosina C. Stambaugh, we offer compassionate, dedicated immigration legal services. Our deep commitment to our clients, extensive knowledge, and hands-on approach ensure that individuals and families receive attentive and effective representation. Contact our office today.

What Is Adjustment of Status?

Adjustment of status allows individuals already in the U.S. to apply for lawful permanent residency without having to leave the U.S. Not everyone qualifies for adjustment, however.

When You Adjust Status

To be eligible for adjustment:

• You must be present in the U.S. in lawful status, such as through a student visa, temporary work visa, or Temporary Protected Status (TPS);
• You can have an eligible family member or employer who can petition for you, or you can have refugee or asylum status; and
• You must maintain lawful status in the U.S. during the process and not violate immigration laws.

You apply by submitting Form I-485 to United States Citizenship and Immigration Services (USCIS).

Adjustment of Status Timelines

Adjustment of status typically takes between six months and several years, depending on:

• Visa type, 
• Priority date, 
• USCIS processing times, and 
• Any delays in application processing, such as additional documentation requests or background checks.

While your application is pending, you can often apply for work authorization and continue to live in the U.S.

What Is Consular Processing?

Consular processing involves applying for a visa at a U.S. consulate or embassy outside of the U.S. If you are outside the U.S. and do not have currently valid U.S. immigration status, you typically must go through consular processing.

When You Use Consular Processing

You typically go through consular processing when you are outside the U.S. or, if in the U.S., ineligible to adjust status. You may be ineligible to adjust status if you have:

• Unlawfully entered the U.S.;
• Remained in the U.S. beyond your authorized period of stay, i.e., you’ve overstayed your visa;
• Violated your immigration status; or
• Committed certain fraud-related or criminal offenses.

In some circumstances, you can apply for a waiver of the reasons you are ineligible to adjust your status, but only from outside the U.S.

Consular Processing Timelines

The consular processing timeline can range from one to several years, depending on:

• Visa availability;
• Delays at the consulate or embassy; and
• Difficulties you might have locating or providing documents.

Consular processing can be quicker than adjustment, particularly if you live near a less busy consulate.

Can I Switch from Consular Processing to Adjustment of Status and Vice Versa?

Switching from consular processing to adjustment of status is possible only in specific circumstances. Consult an immigration attorney to understand the potential consequences.

When You May Switch to Adjustment of Status

Switching from consular processing to adjustment of status is possible if you:

• Enter the U.S. on a valid visa;
• Have an immigrant visa petition pending with or already approved by USCIS; and
• Have not yet completed your visa interview.

Often, the requirement that you enter the U.S. legally creates the biggest hurdle for hopeful immigrants.

When You May Switch to Consular Processing

You may switch from adjustment of status to consular processing, particularly if you:

• Are outside the U.S. and not authorized to return;
• Are in the U.S. but ineligible to adjust status; or
• Need to live in another country for an extended period but do not want to abandon your application.

Switching from consular processing to adjustment usually means you join loved ones in the U.S. However, you are more likely to make the opposite switch because USCIS concludes you are ineligible to adjust your status.

How to Change from Consular Processing to Adjustment of Status

To switch from consular processing to adjustment of status:

• Arrive in the U.S. and confirm you are eligible for adjustment of status;
• Submit Form I-485 and supporting documents to USCIS; and
• If you have already started working with the consulate, contact the National Visa Center (NVC) to request to withdraw from consular processing.

Changing from consular processing to adjustment of status can be a particularly delicate process. Speak with an immigration lawyer to understand whether you risk your status or application by switching.

How to Change from Adjustment of Status to Consular Processing

To change from adjustment of status to consular processing, do the following:

• If you have filed Form I-485, withdraw your application from USCIS by submitting a written request online or through the mail;
• Contact the NVC to begin consular processing; and
• Work with the consulate to provide updated documents.

If you are not careful, USCIS might conclude you have abandoned your application, and you will have to submit it—and the application fees—again.

Consular Processing vs. Adjustment of Status

Adjustment of status and consular processing lead to green cards, but they differ in meaningful ways:

Adjustment of Status vs. Consular Processing Time Comparison

Many noncitizens and their loved ones wonder about the differences between adjustment of status vs. consular processing time. While consular processing requires you to factor in travel time, USCIS has extensive processing backlogs that can be longer than consular backlogs. So, depending on the visa type and where you apply, consular processing can be faster.

When you apply to adjust your status, you can establish roots in the U.S. while your application is pending. If a visa is available or you can maintain another valid legal status while your application is pending, adjustment allows for significantly less disruption to your life.

Yet, the most significant delay in most green card applications results from limited visa availability, which affects both processes. If you apply for a green card with limited availability, you may have to turn to consular processing, regardless of what you would prefer.

How We Can Help

At the Law Office of Rosina C. Stambaugh, our team includes our multinational staff and experienced attorneys like Rosina C. Stambaugh and Christopher Morales. We help guide you through your case and provide support at every step. If you need assistance with either consular processing or adjustment of status, contact us today. We can provide the guidance, experience, and knowledge to help you navigate your path to U.S. permanent residency.

Rosina Stambaugh

Rosina C. Stambaugh, founder of The Law Office of Rosina C. Stambaugh in York, brings a wealth of expertise to immigration law. With a focus on removal defense, Ms. Stambaugh has successfully litigated cases across various Immigration Courts, the Board of Immigration Appeals, and the Third Circuit Court of Appeals, offering comprehensive support to clients facing diverse immigration challenges. She also represents individuals and families applying for affirmative benefits with U.S. Citizenship & Immigration Services.