If you are already in the United States after a lawful entry, adjustment of status often lets you apply for your green card without leaving. If you or your loved one lives abroad, or you are not eligible to adjust inside the U.S., consular processing through a U.S. embassy or consulate is usually the path. The right choice depends on how you entered, where you live now, your work and travel needs, and your family’s situation.
Below, we walk through how each option works so you can have a clearer, more confident conversation with an attorney about your next step.
What Is Adjustment of Status?
Adjustment of status is the process of applying for a green card from inside the United States. You file with U.S. Citizenship and Immigration Services (USCIS), attend a biometrics appointment, and in many cases go to an interview at a local USCIS office. If the application is approved, you become a lawful permanent resident without leaving the country.
While the application is pending, many applicants can also ask for a work permit and a travel document. For couples and families, that can make the wait much easier, because you stay together and daily life keeps moving.
One caution: leaving the U.S. while your application is pending, without the right travel permission, can cause serious problems for your case. Always talk with your attorney before planning any trip. USCIS has also issued guidance on how officers use discretion in these cases. You can read our plain-English breakdown of the USCIS adjustment of status memo.
What Is Consular Processing?
Consular processing is the process of applying for an immigrant visa from outside the United States. After USCIS approves the family petition, the case moves to the National Visa Center, which collects fees, forms and civil documents. The applicant then completes a medical exam and attends an interview at a U.S. embassy or consulate, usually in the country where they live. Once the visa is issued, they travel to the U.S. and enter as a permanent resident.
Key Differences at a Glance
- Where you apply: Adjustment of status happens inside the U.S. Consular processing happens abroad.
- Who decides: USCIS handles adjustment of status. The U.S. Department of State, through an embassy or consulate, handles the immigrant visa.
- Where the interview takes place: A local USCIS office, or a U.S. embassy or consulate overseas.
- Staying together: Adjustment of status lets you remain in the U.S. while you wait. Consular processing means the applicant waits abroad.
- Work and travel while waiting: Adjustment applicants can often request a work permit and travel document. Consular applicants generally wait outside the U.S. until the visa is issued.
- If something goes wrong: A consular officer’s decision is generally hard to challenge, so careful preparation before the interview matters a great deal.
When Adjustment of Status May Make Sense
Adjustment of status is often a good fit if:
- You are married to a U.S. citizen or permanent resident and already living in the U.S.
- You entered the country lawfully, with a visa or other inspection at the border.
- You want to keep living with your spouse and family during the process.
- You would like your attorney with you at the interview.
Even if your visa or status has expired, some spouses and close relatives of U.S. citizens may still be able to adjust. This depends on the details of your history, so it is worth asking rather than assuming.
When Consular Processing May Make Sense
Consular processing is often the path if:
- Your spouse or family member lives outside the United States.
- You are not eligible to adjust status from inside the U.S.
- You would rather complete the process in your home country.
Timelines vary by USCIS office and by consulate, so neither path is always faster. If you are engaged rather than married and your partner lives abroad, a K-1 fiancé visa may be another option to compare.
What If You Entered Without Inspection?
If you entered the U.S. without being inspected at the border, adjustment of status is often not available, with limited exceptions. Leaving the country to attend a consular interview can also create bars to returning, based on time spent in the U.S. without status.
For some applicants, a provisional waiver (I-601A) can help. It lets eligible family members ask USCIS to forgive unlawful presence before leaving for the consular interview, which can shorten time apart. These cases need careful strategy, so please speak with an attorney before making any travel plans.
Questions to Think About Before You Choose
- How did you, or your family member, enter the United States?
- Where does the person applying for the green card live today?
- Do you need to work or travel while the case is pending?
- How long can your family manage time apart, if any?
- Have there been any past immigration filings or problems?
Your answers shape which path is available and which one fits your life. To learn more about the overall process for couples, visit our marriage and fiancé visa services page or read about the marriage green card process. Families sponsoring parents, children or siblings can explore family sponsored immigration.
How Leiva Law Firm Can Help
Leiva Law Firm has been practicing immigration law since 2014. We help U.S. citizens and residents sponsoring a spouse or fiancé through adjustment of status, consular processing and K-1 petitions.
Your consultation is with Scarlett Leiva, our managing attorney, and the attorney who handles your free consultation is the attorney on your case. Day to day, you also work with our bilingual team, including our paralegal Betty, who walks with you through the paperwork and timelines. Hablamos español.
- Free evaluations for new matters that have not been filed yet.
- Flat fees and monthly payment plans for many of our services, so there are no hidden charges.
- Remote consultations by phone or video, for clients in California, across the U.S. and around the world.
- Interview support, including accompanying clients to interviews in the San Francisco, San Jose and Sacramento area.
Already filed? Visit our help with pending immigration cases page. You can also see how we guide your immigration case from start to finish.
Frequently Asked Questions
Is adjustment of status faster than consular processing?
Not always. Processing times depend on the USCIS office, the National Visa Center and the embassy or consulate involved. An attorney can help you compare current timelines for your situation.
Can I switch from consular processing to adjustment of status?
Sometimes. If your circumstances change and you become eligible, it may be possible to change paths. Timing and eligibility matter, so talk with an attorney before you file anything or make travel plans.
Can I work while my adjustment of status is pending?
Many applicants can request a work permit while their green card application is pending. You should not begin working until the permit is approved.
Will I have an interview either way?
In many cases, yes. Adjustment interviews take place at a USCIS office, and consular interviews take place at a U.S. embassy or consulate. Preparing well helps you feel calm and ready. Our guide to marriage interview questions to expect is a good place to start.
Can you help if my spouse lives in another country?
Yes. We work with clients across the United States and around the world, and our consultations are held by phone or video.
Talk With Our Team About Your Options
Choosing between adjustment of status and consular processing is one of the first big decisions in a family green card case. You do not have to make it alone. Call Leiva Law Firm at (415) 541-9290 or request a consultation to talk through your situation with Scarlett and our bilingual team.
This article is general information, not legal advice. Leiva Law Firm: Member of the State Bar of Georgia; practicing U.S. immigration law nationwide.