Consular processing and adjustment of status are methods of obtaining a green card. Each method has its own benefits but adjustment of status seems more advantageous overall. In this article we explain the benefits and drawbacks of consular processing vs. adjustment of status for green cards. We also explain the processing time, fees, travel restrictions and required documents for each.
Consular Processing
Consular processing happens at a U.S. consulate outside of the U.S. If you live outside the U.S. and want to get a green card you need to opt for consular processing. You will have to take the help of the U.S. consulate in your home country to apply for an immigrant visa.
Consular Processing Benefits
- It’s possible that the U.S. consulate in your home country can process your case speedily and decrease your waiting time
- You have the luxury of applying for a green card from your home country and can save travel money
Consular Processing Drawbacks
- You are not permitted to have an attorney in the interview
- It’s harder to convince the USCIS about your case if your interview does not go well
- Consular processing will distance you from your U.S. family members
- If you are already living in the U.S. on a visa, you will have to go back to your home country to apply
- You don’t have the right to appeal with consular processing.
When to Use Consular Processing
- If you live outside the U.S. but are ineligible for an immigrant visa and need to apply for your green card from outside the U.S. Ideally this would be from your home country.
- If you live in the U.S. on a temporary visa, it may benefit you to return to your home country and apply for your green card. This way removal procedures when your temporary visa finishes can be avoided. As it could take longer than 8 months to get your green card, the temporary visa is likely to end before that.
Consular Processing Travel Restrictions
When you file the form I-130, you are informing the USCIS about your desire to shift to the U.S. for good. If you apply for a temporary nonimmigrant visa after filing form 1-130 it is likely to be inspected thoroughly.
Consular Processing Required Documents
- Form I-130 (Petition for Alien Relative): $535
- Form I-130A (Supplemental Information for Spouse Beneficiary): $0
- DS-260 Immigrant Visa Application: $325
- Form I-864 (Affidavit of Support): $120
- Form I-693 (Report of Medical Examination and Vaccination Record): $0
- USCIS Immigrant Fee: $220
Consular Processing Fees
The total consular processing fees are $1,200. It could be less expensive than adjustment of status, but it comes along with more drawbacks.
Consular Processing Time
- Consular processing time varies. It depends on how much work the office has.
- Your eligibility for an immigrant visa also determines the processing time.
- Working with the U.S. consulate in your home country you might only take 4 months to process.
- If further evidence is needed for your Green Card, it could take more than 12 months to process it.
Adjustment of Status
Adjustment of status is a more convenient method of applying for a green card. This is especially true for those already living in the U.S. on a visa such as the K1 visa. The immigrant visa permits several benefits due to the Lawful Permanent Resident (LPR) status.
Adjustment of Status Benefit
- An ongoing adjustment of status application permits you to live in the U.S. until the case is finished.
- You can get an EAD (Employment Authorization Document) for this time
- You are permitted to travel abroad and come back with “Advance Parole”
- You can have an attorney at your interview
- If you don’t get your green card you can appeal to an immigration judge (you may be be put into removal proceedings as part of regular proceedings at this point)
- Through adjustment of status, leaving the U.S. is not required until the process is finished. If you leave the U.S. during the process there will be certain times after which you will not be able to reenter the U.S.
Adjustment of Status Drawbacks
- Only those who are in the U.S. can have access to it
- It may take long to finish than consular processing
- It is more expensive than consular processing
Overall the adjustment of status seems to have more advantages than consular processing. Your circumstances will determine which is best for you.
Adjustment of Status Travel
An ongoing adjustment of status application acts as a visa. In order to leave the country you need to file form I-131 in order to get advance parole. This will allow you to reenter when you arrive at the U.S. border.if you leave without filing form I-131, it can be taken as abandonment of your application to adjust your status.
Adjustment of Status Required Documents
- Form I-130 (Petition for Alien Relative): $535
- Form I-130A (Supplemental Information for Spouse Beneficiary): $0
- Form I-485 (Application to Adjust Status): $1,140
- Form I-864 (Affidavit of Support): $0
- Form I-693 (Report of Medical Examination and Vaccination Record) : $0
- Form I-765 (Application for Employment Authorization): $0
- Form I-131 (Application for Travel Document) : $0
- Biometric test (applicants aged between 14-78): $85
Adjustment of Status Fees
The adjustment of status fees comes to $1,760. There may be additional expenses.
Adjustment of Status Processing Time
Adjustment of status is less complicated but may take longer than consular processing. It could take 8 to 14 months to receive your green card. It is much more convenient, however, because you don’t have to leave the U.S.
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FAQs
What are the fees for consular processing?
The fees for consular processing are $1,200.
What are the fees for adjustment of status?
The fees for adjustment of status are 1,760?
Which takes longer consular processing and adjustment of status?
Adjustment of status generally takes longer.
Which is a more convenient method of obtaining a green card?
Adjustment of status is more convenient overall if your circumstance allows it.
