At a Crossroads? Choosing between Adjustment of Status (AOS) and Consular Processing (CP)

I am married to or about to marry a U.S. citizen, should I stay or leave the United States when I file for my green card?

I am asked this question about once a week, and rightly so!

There is no right or wrong answer but it is important to consider your options, especially if you travel abroad frequently, have been or will be in the U.S. unlawfully, and/or have recently entered the U.S. on an employment visa (with non-immigrant intent).

The following is a summary of the advantages and disadvantages for adjustment of status and consular processing:

Adjustment of Status (AOS) – the process of obtaining legal permanent residence (green card) from inside the U.S.

PROs

CONs

You can stay in the U.S. with family and work while the case is pending If you have been married for a longer period and/or depending on the jurisdiction, the appointment could be waived (so the process might be faster) You have a right to have an attorney present at your interview You have the right to appeal a denial and go before an immigration judge If you have been in the U.S. unlawfully for more than 180 days, you may avoid 3- or 10-year bars of re-entry

​You cannot leave or work in the U.S. until a work/travel permit is approved If the case is denied, you can be placed into removal proceedings Filing fees are more expensive than CP You must be physically present in the U.S. to qualify

Consular Processing (CP) - the process of obtaining legal permanent residence (green card) from outside the U.S.

PRO

CON

​You can work and travel abroad without waiting for a work or travel permit to be approved If the case is denied, you cannot be placed into removal proceedings Filing fees are less expensive In some cases, this can help prevent fraud and misrepresentation issues

CP can be slower - CP has significantly slowed down due to COVID and domestic U.S. politics. However, the new presidential administration and the adjustment to the pandemic might change this. An attorney cannot be present at the interview There is no right to appeal a denial It can be difficult to receive case updates after the interview If you have been in the U.S. unlawfully for more than 180 days, you will have to apply for a waiver to overcome 3- or 10-year bars of re-entry

Whether you decide to move forward with consular processing or adjusting status, you should carefully consider the following and speaking to an attorney to help you determine which process is the best option for you.