Adjustment of Status v.s. Consular Processing

If you are the beneficiary of an approved immigrant petition and an immigrant visa number is available, you can apply for a Green Card in two ways. Form I-140 will ask whether you plan to adjust your status within the U.S. or apply for a visa abroad.

There are two options:

  • "Alien is in the United States and will apply for adjustment of status to that of lawful permanent resident" (AoS)

  • "Alien will apply for a visa abroad at a U.S. Embassy or U.S. Consulate" (Consular Processing)

Now the question is: How should you decide between these options? The best choice depends on your current location and immigration strategy. In the following sections, we will explain what Adjustment of Status (AoS) and Consular Processing are, how they are changing, and what we recommend.

What is Consular Processing

If you're outside the U.S., you can apply for an immigrant visa at a U.S. Department of State consulate. This lets you enter the U.S. and be a permanent resident.[1]

What is Adjustment of Status (AoS)

If you are present in the United States, you can adjust your status to become a lawful permanent resident (as known as a Green Card). By doing so, you may obtain a Green Card without having to return to your home country. [2]

Changing Process Between AoS and Consular Processing

1.     Change from AoS to Consular Processing:

To change from AoS to Consular Processing, a petitioner must inform USCIS of the decision. File Form I-824, Application for Action on an Approved Application or Petition, to make the request for Consular Processing. 

2.     Change from Consular Processing to AoS:

To change from Consular Processing to AoS, USCIS works with the National Visa Center (NVC)[3] to return the petition for AoS processing. Which means that you do not need to file an additional form to apply for a change.

Conclusion: What do we recommend?

We generally recommend choosing Consular Processing when completing Form I-140. Due to the longer EB2 waiting periods and complex immigration dynamics, Consular Processing offers more flexibility for most applicants. If you later decide to adjust your status (changing from Consular Processing to AoS), you can still do so if eligible.

However, if you initially choose Adjustment of Status on the I-140 and later want to switch to Consular Processing, you must file Form I-824 with USCIS to request the U.S. Consulate be notified of your immigrant visa application.

The waiting period for Form I-824 generally ranges from 3 to 19 months, according to data from June 2025, and it may vary depending on the service center processing your request.[4] Selecting AoS on Form I-140 initially results in an extra waiting period if you later decide to file for Consular Processing. To begin with, Consular Processing may help avoid these extended waiting times.



[1] "Consular Processing", by USCIS, https://www.uscis.gov/green-card/green-card-processes-and-procedures/consular-processing 
[2] "Adjustment of Status" by USCIS, https://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-of-status 
[3] The National Visa Center (NVC) is part of the U.S. Department of State. It acts as a bridge between USCIS and U.S. Embassies or Consulates for processing immigrant visa applications.
[4] "Check Case Processing Times" by USCIS, https://egov.uscis.gov/processing-times/ 
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