Once the petition is approved, permanent residence comes through one of two paths: adjustment of status, inside the United States and before USCIS, or consular processing, with an immigrant visa issued at a consulate. Sometimes only one is possible; sometimes you can choose. This guide compares the two and walks through each step by step.
At a glance
| Adjustment of status | Consular processing | |
|---|---|---|
| Where | Inside the U.S., before USCIS (Form I-485) | At a U.S. consulate abroad, through the National Visa Center |
| Who | Someone in the U.S. who is eligible to adjust | Someone outside the U.S., or inside but unable to adjust |
| While waiting | Can request a work permit and a travel permit | No work permit; you wait outside (or inside with no benefits) |
| Travel | Only with a travel permit (advance parole) | Requires leaving the U.S. if you are inside |
| Interview | At a local USCIS office, sometimes waived | Always, at the consulate |
| If denied | Motion; possible proceedings before a judge | No formal appeal; sometimes more documents are requested (221(g)) |
| Result | Green Card by mail | Visa in the passport; Green Card by mail after entry |
When you can adjust status
In general, if you are in the United States, entered with inspection (on a visa or with parole), have a visa available and are admissible. Immediate relatives of citizens can adjust even if they lost status or worked without authorization; the preference and employment categories usually cannot, with exceptions such as section 245(i). Someone who entered without inspection can almost never adjust, except on bases such as asylum, a later parole or certain old petitions. The details, in Adjustment of status (I-485).
If you cannot adjust, consular processing is the path, and that raises the most important question of all.
Consular processing, step by step
- USCIS approves the petition (I-130 or I-140) and sends it to the Department of State. The case status moves to Case Was Sent To The Department of State; that usually happens within weeks or months of the approval. For USCIS, that is where the case ends.
- The National Visa Center (NVC) opens the case and sends a welcome letter with the case number and instructions. If your category is not current in the Visa Bulletin, the NVC holds the case until it is.
- You pay the fees (the visa application fee and the affidavit of support fee) on the CEAC portal.
- You submit Form DS-260, the online immigrant visa application, and upload the civil documents (birth and marriage certificates, police certificates from every country you lived in, passport) and the affidavit of support (Form I-864) with the petitioner's taxes.
- The NVC reviews and, once everything is complete, marks the case "documentarily complete" and puts it in the consulate's queue.
- The consulate schedules the interview and the NVC notifies you. You take the medical exam with a consulate-approved physician a few days before.
- The interview. The officer reviews the documents and asks about the relationship or the job and about your history. They can approve the visa, ask for more documents (a 221(g) letter) or refuse it.
- You get the passport with the visa and pay the USCIS immigrant fee online before traveling, so the Green Card is produced.
- You enter the United States before the visa expires (usually 6 months). The entry stamp is temporary proof of residence and the Green Card arrives by mail within the following weeks.
Adjustment of status, in short
You file the I-485 with proof of the basis, the affidavit of support, the medical exam and, if you want them, the work and travel permits. Then come the biometrics appointment, a long wait, a possible request for evidence, the interview at a local office (sometimes waived) and the card. Step by step and with observed timing, in Adjustment of status (I-485).
How to compare
- Time. It depends on the USCIS office and the consulate; neither is always faster. Check the I-485 processing time at your office and the NVC's and your consulate's times.
- Work and travel during the wait. Adjustment lets you request work and travel permits; consular offers nothing in the meantime.
- The risk of leaving. If you accrued unlawful presence, consular processing can require a waiver; adjustment does not require leaving.
- What happens if it is denied. An I-485 denial can lead to proceedings before a judge if you have no status; a consular refusal leaves you outside the country with no formal appeal, though sometimes you can reapply or file a waiver.
- Cost. Each path has its fees and exams; add travel and lodging if the process is consular.
Common questions
I am in the U.S. and can adjust. Is consular still worth considering?
Sometimes, when the consulate is much faster than the local office or you want to travel freely. But leaving the United States with accrued unlawful presence has serious consequences. Get advice first.
Can I switch paths midway?
Yes, with paperwork: from consular to adjustment, by filing the I-485 (if eligible) and telling the NVC; from adjustment to consular, by asking USCIS to send the petition to the NVC (Form I-824), which takes months.
How do I track the case on each path?
Adjustment is tracked with the I-485 receipt number in MigraConnect's case lookup. Consular processing is tracked on the Department of State's CEAC portal with the NVC case number; the USCIS part ends once the petition is sent to the Department of State.
What about my children?
In the preference categories, unmarried children under 21 accompany the principal beneficiary on either path, with the Child Status Protection Act rules when they turn 21. In the immediate relative categories, each one needs a petition of their own.
This guide is informational and does not replace advice from a lawyer or an accredited representative. Need additional help? Contact USCIS at 1-800-375-5283.