Adjustment of status vs consular processing: what are the differences and who is eligible for each?

Details / How it works

Adjustment of Status is the process by which an eligible individual already in the United States applies for lawful permanent resident (LPR) status without leaving the country. The steps include: determining eligibility under an immigrant category, filing an immigrant petition (if required), checking visa availability, filing Form I-485, attending biometrics and possibly an interview, and receiving a decision.

Consular Processing is the pathway for individuals outside the United States (or those who choose to process abroad) to obtain an immigrant visa through a U.S. Department of State consulate. The steps include: determining eligibility, filing an immigrant petition, waiting for petition approval and visa number availability, paying fees to the National Visa Center (NVC), attending an interview at a U.S. consulate, and upon visa issuance, traveling to the U.S. to be admitted as a lawful permanent resident.

Numbers & thresholds

Exceptions & edge cases

Bars to adjustment: Certain individuals may be ineligible for adjustment of status under INA §245(c) due to entry violations or immigration law violations. However, some may qualify under INA §245(i) by filing Supplement A to Form I-485, even if subject to bars.

Grounds of inadmissibility: Both processes require the applicant to be admissible or eligible for a waiver. Immediate relatives of U.S. citizens are exempt from the labor certification ground (INA §212(a)(5)).

Concurrent filing: For adjustment of status, if a visa is immediately available, Form I-485 can be filed concurrently with the underlying immigrant petition (e.g., Form I-130) or while the petition is pending.

Change of selection: If a beneficiary initially chooses consular processing but later enters the U.S., they may request to switch to adjustment of status by contacting USCIS or the appropriate agency, depending on the stage of the case.