Consular Processing
vs. Adjustment of Status
Understanding Your Two Pathways to Permanent Residency
There are two primary ways to obtain U.S. permanent residency (a green card): Immigrant Visa Processing (also known as Consular Processing) and Adjustment of Status. Each pathway has distinct eligibility requirements, processing timelines, travel and work restrictions, and associated fees. This guide provides a detailed side-by-side comparison to help you understand which option may be right for your situation.
Overview of the Two Pathways
Before diving into the details, it's important to understand the fundamental difference between these two routes to permanent residency and who qualifies for each.
Two Roads to a Green Card
When an immigrant petition (Form I-130 for family-based cases or Form I-140 for employment-based cases) is approved, the beneficiary must choose one of two pathways to actually obtain permanent resident status. The right choice depends on where the applicant is located, their current immigration status, and their personal circumstances.
Immigrant Visa (Consular) Processing
Immigrant Visa Processing — commonly called Consular Processing — is available to individuals who are either inside or outside of the United States. This pathway cannot be filed until the underlying I-130 or I-140 petition is approved. Once approved, the case is transferred to the National Visa Center (NVC) and ultimately to a U.S. Embassy or Consulate abroad, where the applicant attends an interview and, if approved, enters the U.S. as a Lawful Permanent Resident.
Adjustment of Status
Adjustment of Status is available only to individuals who are physically present inside the United States. This pathway is used when a foreign national who is legally present in the U.S. wishes to apply for permanent residency without leaving the country. In some instances, the Adjustment of Status application can be filed concurrently — at the same time as the I-130 or I-140 petition.
Key Distinction
- Consular Processing is available to applicants inside or outside the U.S., but requires an approved I-130 or I-140 before filing.
- Adjustment of Status is available only to applicants inside the U.S., but may be filed concurrently with the underlying petition in some cases.
Side-by-Side Comparison
The following table provides a detailed comparison of the two pathways across all major categories, including availability, processing times, travel and work restrictions, dependents, and procedures.
Consular Processing vs. Adjustment of Status at a Glance
Comparison of Key Factors
| Category | Consular Processing | Adjustment of Status |
|---|---|---|
| Availability | Available to individuals inside or outside the U.S. Cannot be filed until the I-130 or I-140 is approved. | Available only to individuals inside the U.S. In some cases, may be filed concurrently with the I-130 or I-140. |
| General Overview | Applicant applies for permanent residency at a U.S. Consulate abroad and enters the U.S. as a permanent resident. | Foreign national who is legally present in the U.S. applies for permanent residency without leaving the country. |
| Processing Time | Total time approximately 6–12 months depending on the Embassy. Includes 30–90 days for USCIS-to-NVC transfer, 30–60 days for NVC review, and 2–3 months for interview scheduling. | Processing times vary widely — recently taking in excess of 1–2 years. |
| Dependents | Unmarried, dependent children under age 21 may be included in the petition. | Applications are filed individually for the spouse and all unmarried, dependent children under age 21. |
| Travel Restrictions | No travel restrictions while the process is pending. | Applicants may not travel outside the U.S. until receipt of an Advance Parole document (usually 6–12 months after submission), unless they hold certain statuses such as H-1B or L-1. An attorney should be consulted. |
| Work Authorization | Does not grant any work authorization while the process is pending. | If the applicant does not already hold a work-authorized nonimmigrant status, they may not work until Employment Authorization is granted (usually 4–7 months after submission). |
| Procedure | Once the Embassy is notified that an immigrant visa is available, an interview is scheduled. A medical examination must be completed before the interview. If approved, the applicant is admitted as a Lawful Permanent Resident. | All forms are filed with the appropriate USCIS Service Center. A biometrics (fingerprinting) appointment is scheduled early in the process. The medical exam occurs before or during submission of the application. |
Processing Timeline Comparison
Important: Travel During Adjustment of Status
If you are pursuing Adjustment of Status, traveling outside the United States without a valid Advance Parole document can result in the abandonment of your application. Certain visa holders — including those in H-1B and L-1 status — may have exceptions, but you should always consult with your attorney before making any travel plans.
Consular Processing: Step-by-Step
Understanding the consular processing timeline helps applicants plan ahead for each stage, from petition approval through arrival in the United States.
How Consular Processing Works
Step 1: I-130 or I-140 Petition Approved
The underlying immigrant petition must first be approved by USCIS before consular processing can begin.
Step 2: Case Transferred to the National Visa Center (NVC)
USCIS transfers the approved case to the NVC. This transfer typically takes 30–90 days.
Step 3: NVC Review and Document Collection
The NVC reviews the case and collects required documents and fees. This stage takes approximately 30–60 days from the date of receipt.
Step 4: Interview Scheduled at U.S. Embassy or Consulate
Once the NVC determines the case is "completed," a consular interview is scheduled, typically 2–3 months later.
Step 5: Medical Examination
The applicant must complete a medical examination with an approved physician before the interview date.
Step 6: Consular Interview and Admission
The applicant attends the interview at the Embassy or Consulate. If approved, the applicant receives an immigrant visa and is admitted to the U.S. as a Lawful Permanent Resident upon arrival.
Adjustment of Status: Step-by-Step
For applicants already in the United States, Adjustment of Status allows them to transition to permanent resident status without traveling abroad for an interview.
How Adjustment of Status Works
Step 1: File Application with USCIS
All required forms are filed with the appropriate USCIS Service Center. In some cases, the application may be filed concurrently with the I-130 or I-140 petition.
Step 2: Biometrics Appointment
A biometrics (fingerprinting) appointment is scheduled early in the process for identity verification and background checks.
Step 3: Medical Examination
The medical exam is completed before or during the submission of the application.
Step 4: Employment Authorization and Advance Parole (if applicable)
Applicants who do not already hold work-authorized status may apply for Employment Authorization (typically granted 4–7 months after filing) and Advance Parole for travel (typically granted 6–12 months after filing).
Step 5: USCIS Adjudication
USCIS reviews the application and may schedule an interview. Processing times vary widely and have recently been taking in excess of 1–2 years.
Step 6: Approval and Green Card Issued
If approved, the applicant becomes a Lawful Permanent Resident and receives their green card.
Fee Comparison
Both pathways involve legal fees and government filing fees. The following breakdown provides a detailed comparison of the costs associated with each option.
Legal Fees
Legal fees are charged by the law firm for preparing and managing the case. All fees listed below are subject to change.
Legal Fees Comparison
| Category | Consular Processing | Adjustment of Status |
|---|---|---|
| Principal Applicant | $4,000 (PERM-based) / $3,750 (Other) | $3,250 |
| Dependent Spouse | $3,250 | $2,750 |
| Child | $2,750 | $2,250 |
Government and Other Fees
Government Filing Fees — Consular Processing
| Fee Type | Amount (Per Applicant) |
|---|---|
| Visa Fee (Employment-based cases) | $345 |
| Visa Fee (Family-based cases) | $325 |
| ELIS Fee | $220 |
| Medical Exam | TBD |
| Airfare / Hotel | TBD |
Government Filing Fees — Adjustment of Status
| Fee Type | Amount (Per Applicant) |
|---|---|
| AOS Filing Fee (over 14 years old) | $1,440 |
| AOS Filing Fee (14 years old or under) | $950 |
| Employment Authorization Filing Fee | $260 |
| Travel Document (Advance Parole) Filing Fee | $630 |
| Medical Exam | TBD |
Note on Fees
All fees listed are subject to change. Medical exam costs vary by physician and location. Consular processing also involves additional costs for airfare and hotel accommodations that will vary depending on the applicant's location and the assigned Embassy or Consulate. Contact our office for the most current fee information.
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