Understanding Your Path to a U.S. Green Card
When applying for a U.S. green card, most individuals follow one of two pathways: Adjustment of Status (AOS) or Consular Processing (CP). Each option serves the same purpose—obtaining lawful permanent residence—but the process, timeline, risks, and strategic considerations are very different. Choosing the right pathway is critical for keeping your case safe and moving forward.
What Is Adjustment of Status?
Adjustment of Status is the process of applying for a green card from inside the United States, without having to leave the country. The applicant files Form I-485 with USCIS and, if eligible, may remain in the U.S. while the application is pending.
Key features of Adjustment of Status:
- Conducted entirely within the U.S.
- Applicant may apply for a work permit and travel document (EAD/AP).
- Interview occurs at a USCIS Field Office.
- Generally faster for immediate relatives of U.S. citizens.
- Best suited for applicants who are lawfully present or eligible for exceptions.
For individuals who qualify, AOS is often more convenient because it avoids international travel and allows the applicant to stay with their family in the U.S. while the case is processed.
What Is Consular Processing?
Consular Processing is the method of obtaining a green card from outside the United States. After USCIS approves the immigrant petition (such as the I-130), the case is transferred to the National Visa Center (NVC) and then to a U.S. embassy or consulate abroad for the final interview.
Key features of Consular Processing:
- Entire process is completed outside the U.S.
- Final interview occurs at the U.S. embassy or consulate abroad.
- Applicant must travel to their home country for the interview.
- Often required if the applicant is not eligible for Adjustment of Status.
- Can involve longer wait times depending on the consulate’s workload.
For many families, CP is the only available option—especially when the applicant does not have lawful entry, has accumulated unlawful presence, or is residing abroad.
Main Differences Between AOS and CP
Understanding these differences helps families and attorneys choose the safest and most strategic path.
| Adjustment of Status (AOS) | Consular Processing (CP) |
| Done inside the U.S. | Done outside the U.S. |
| Interview at USCIS | Interview at U.S. Embassy/Consulate |
| Applicant stays with family in the U.S. during process | Applicant must travel abroad, sometimes for months |
| Work/travel permits available while case is pending | No work permit until immigrant visa entry |
| May be faster for immediate relatives | Can be slower due to consular delays |
| Risk: Denial may lead to removal proceedings | Risk: Applicant stuck abroad if issues arise |
Why More Clients Are Turning to Consular Processing
Across the United States, immigration lawyers are seeing a clear shift: more applicants are choosing Consular Processing (CP), and the demand is rising quickly. Many practitioners who primarily handle Adjustment of Status cases are now feeling the pressure. Increased scrutiny at USCIS interviews, along with a noticeable uptick in detention risks, has pushed families to consider CP as a safer and more predictable path, even when they would have qualified for Adjustment inside the U.S.
We are seeing clients from all backgrounds, including individuals from countries without travel restrictions, decide to complete their immigrant visa process overseas. While Consular Processing can take longer and involves travel to the applicant’s home-country U.S. embassy, for many families it provides more stability and fewer immediate risks.
Because of this trend, it is essential for immigration practitioners to have a strong command of the CP process—from NVC documentation requirements to consular interview preparation and post-approval entry planning. Understanding the common pitfalls and timing issues can make the difference between a smooth approval and a prolonged delay abroad.
If you need guidance on U.S. immigration, including Adjustment of Status (AOS) or Consular Processing (CP), you can contact our U.S. immigration team at YA Law. Clients can speak with Homa Yahyavi, Iranian U.S. immigration lawyer in Vancouver who speaks Farsi and practices U.S. immigration law in Vancouver, BC.