What Is Adjustment of Status (AOS)?
Adjustment of Status (AOS) allows eligible individuals already in the United States to apply for a green card without leaving the country. The process is overseen by U.S. Citizenship and Immigration Services (USCIS).
Key Features of Adjustment of Status
1. Stay in the U.S.:
Applicants can remain in the U.S. throughout the process, avoiding the need to travel to a U.S. consulate abroad.
2. Work and Travel Benefits:
Applicants can apply for:
- Employment Authorization Document (EAD): Allows work while waiting for green card approval.
- Advance Parole: Permits travel outside the U.S. without abandoning the application.
3. Eligibility:
- Must be physically present in the U.S. at the time of application.
- Commonly used by individuals on valid visas (e.g., H-1B, F-1, or tourist visas) who are eligible for green cards.
4. Concurrent Filing:
- In some cases (e.g., family-based petitions), Form I-130 (family petition) and Form I-485 (AOS application) can be filed simultaneously.
Timeline for AOS
- The AOS process can take 8–24 months depending on factors like processing times, the type of green card, and USCIS workload.
What Is Consular Processing?
Consular Processing involves completing the green card application process outside the U.S. through a U.S. embassy or consulate in the applicant's home country or another designated country.
Key Features of Consular Processing
1. Application Abroad:
Applicants must leave the U.S. and attend an interview at a U.S. embassy or consulate.
2. Simplicity for Certain Applicants
Consular Processing is often the default for applicants living abroad or those who entered the U.S. unlawfully and cannot adjust status.
3. Fewer Protections During the Process:
Unlike AOS, applicants cannot request work authorization or travel documents while waiting for their green card approval.
4. Concurrent Filing:
- Typically used by individuals whose immigrant petition (e.g., Form I-130 or I-140) has already been approved.
- Requires an active immigrant visa petition number.
Timeline for Consular Processing
- Processing times typically range from 4–12 months, making it faster than AOS in many cases.
Key Differences Between AOS and Consular Processing
| Factor | Adjustment of Status (AOS) | Consular Processing |
|---|---|---|
| Location | Processed within the U.S. | Processed at a U.S. embassy/consulate abroad. |
| Work Authorization | Can apply for EAD during the process. | No work authorization until green card approval. |
| Travel | Advance Parole allows travel during AOS. | Must leave the U.S. for the interview. |
| Eligibility | Requires physical presence in the U.S. | Typically used by applicants outside the U.S. |
| Timeline | Often longer (8–24 months). | Often faster (4–12 months). |
| Cost | Slightly higher due to additional forms. | Typically lower overall costs. |
When Should You Choose Adjustment of Status?
1. You’re Already in the U.S. Legally
If you’re already in the U.S. on a valid visa (e.g., F-1 student, H-1B worker), AOS allows you to stay in the U.S. throughout the green card process.
2. You Want Work and Travel Flexibility
Applying for an EAD and Advance Parole with AOS lets you work and travel during the waiting period.
3. You’re Eligible for Concurrent Filing
If your immigrant petition and green card application can be filed together, AOS may streamline the process.
4. You’re at Risk of Unlawful Presence Issues
If leaving the U.S. would trigger a reentry ban due to unlawful presence, AOS might be the safer option.
When Should You Choose Consular Processing?
1. You’re Living Outside the U.S.
Consular Processing is the default option for individuals applying for green cards while residing abroad.
2. You Entered the U.S. Illegally
If you entered the U.S. without inspection or overstayed your visa, you may not qualify for AOS and will need to pursue Consular Processing.
3. You Need a Faster Process
In many cases, Consular Processing is faster than AOS, particularly for employment-based green cards.
4. You’re Not Concerned About Work Authorization
If you don’t need to work in the U.S. during the waiting period, Consular Processing can be a simpler option.
Pros and Cons of Each Option
| Pros | Cons | |
|---|---|---|
| Adjustment of Status |
|
|
| Consular Processing |
|
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Pros and Cons of Each Option
Factor | Adjustment of Status (AOS) | Consular Processing |
Location | Processed within the U.S. | Processed at a U.S. embassy/consulate abroad. |
Work Authorization | Can apply for EAD during the process. | No work authorization until green card approval. |
Travel | Advance Parole allows travel during AOS. | Must leave the U.S. for the interview. |
Eligibility | Requires physical presence in the U.S. | Typically used by applicants outside the U.S. |
Timeline | Often longer (8–24 months). | Often faster (4–12 months). |
Cost | Slightly higher due to additional forms. | Typically lower overall costs. |
Unlawful Presence and Reentry Bars
- If you accrued more than 180 days of unlawful presence in the U.S., leaving the country for Consular Processing could trigger a 3- or 10-year reentry bar.
Consult an immigration attorney to explore options like a provisional waiver (Form I-601A) to address this issue.
Family Separation Risks
- For families, AOS might reduce the risk of being separated during processing, especially if family members are already in the U.S.
Special Considerations
1. Evaluate Your Current Status:
- Are you in the U.S. legally?Have you overstayed your visa or entered unlawfully?
2. Consider Timing:
- Do you need a faster process?
- Are you okay with waiting longer for work or travel benefits?
3. Assess Financial and Emotional Factors:
- Can you afford the costs of traveling abroad?
- Will leaving the U.S. disrupt your family or employment?
4. Seek Professional Guidance
- An immigration attorney can evaluate your situation and recommend the best path based on your eligibility and goals.
Conclusion
Choosing between Adjustment of Status and Consular Processing depends on your individual circumstances, including your current location, immigration history, and goals. Each path has unique benefits and challenges, so it’s essential to understand the requirements and plan accordingly.
