Both adjustment of status and consular processing lead to a green card. The path you choose depends on where you are and your specific circumstances. If you’re already in the United States, adjustment of status might work for you. If you’re outside the U.S., consular processing is typically your route. Understanding the differences between these two paths helps you make the right decision for your situation and timeline.
Why Choose Law Office of William Jang, PLLC for Your Green Card Journey
At Law Office of William Jang, PLLC, our immigration attorneys bring decades of combined experience to help Austin families and professionals. Whether you’re pursuing a family-based green card or employment-based immigration, we take a personalized approach to your case. We understand the challenges immigrants face. We work to make the process affordable and understandable. Our goal is to guide you through every step with care and attention to detail. Contact our Austin immigration law firm to discuss your specific situation.
What Is Adjustment of Status?
Adjustment of status (AOS) is the process for people already in the United States to apply for permanent residency. You stay in the country throughout the process. When you file for adjustment of status, you submit your application to U.S. Citizenship and Immigration Services (USCIS) while remaining in the U.S. This path allows you to stay with your family, continue your job, and maintain your life while your application is being reviewed.
One major advantage of adjustment of status is that you can apply for work authorization. This is called an Employment Authorization Document or EAD. You can legally work for any employer in the United States during the application process. You may also be eligible for advance parole. This allows you to travel outside the U.S. and return without abandoning your application.
Adjustment of Status Timeline in 2026
Processing times for adjustment of status applications vary depending on your local USCIS office and your specific circumstances. As of 2026, processing times vary significantly by visa category and USCIS field office. Immediate relatives of U.S. citizens typically see processing times of 8-15 months. Employment-based cases average 8-18 months once the priority date is current. However, some cases move faster, while others take longer due to background checks, security clearances, or visa availability delays.
The timeline also depends on whether you’re applying through family sponsorship or employment. Employment-based cases may move faster if your priority date is current. Family-based cases depend on visa availability in your category. Factors like incomplete applications, requests for additional evidence, and interview scheduling can add months to your timeline.
Important Note: As of December 2, 2025, USCIS has placed I-485 applications from nationals of 19 designated countries on hold pending policy review. If you are a national of one of these countries, your processing timeline may be affected. Learn more about USCIS processing times.
Understanding Consular Processing
Consular processing is the path for people outside the United States who apply for an immigrant visa. You apply at a U.S. embassy or consulate in your home country. Instead of filing with USCIS, you work with the State Department and the U.S. embassy or consulate. After your visa is approved, you travel to the U.S. and enter as a lawful permanent resident.
Consular processing is required if you’re outside the U.S. and don’t have a way to adjust status. It’s also the path for immediate relatives of U.S. citizens in some cases. Many employment-based immigrants also use this path. The process involves visa interviews, medical examinations, and security checks conducted abroad.
Consular Processing Timeline in 2026
As of 2026, processing times range from 6 to 18 months. Note: Non-immigrant visa delays (like H-1B) at certain high-volume posts (such as India) have created spillover delays for immigrant visas. Always check the specific consulate’s dashboard for the most current wait times.
Visa availability plays a major role in consular processing timelines. If your visa category is not currently available, you may have to wait months or even years before you can proceed with your interview. Once your visa is available and your interview is scheduled, the actual processing can move relatively quickly, sometimes within weeks.
Key Differences: Adjustment of Status vs. Consular Processing
The main difference between adjustment of status and consular processing is location. With adjustment of status, you stay in the U.S. throughout the process. With consular processing, you apply from outside the U.S. and must attend an interview at an embassy or consulate.
Here are the key differences:
Location: Adjustment of status happens in the U.S.; consular processing happens abroad
Processing Speed: Adjustment of status typically takes 8-18 months, depending on category; consular processing ranges from 6-18 months, depending on the country
Work Authorization: Adjustment of status allows you to apply for work authorization while waiting; consular processing does not
Travel: With adjustment of status, you can travel with advance parole; with consular processing, you cannot travel until your visa is approved
Interview: Adjustment of status includes an interview in the U.S.; consular processing requires an interview at an embassy or consulate
Cost: Both processes have similar filing fees, but consular processing may have additional costs for travel and medical exams abroad
Cost Comparison: Which Path Costs Less?
For adjustment of status, you generally pay a flat I-485 filing fee (currently $1,440), which typically includes the cost of biometrics for standard applicants. You will also need to pay for a medical examination, which varies by doctor but usually costs $200 to $500.
Consular processing fees are lower upfront, but can add up with travel. The Department of State visa processing fee is $325 for family-based cases and $345 for employment-based cases, plus the cost of your medical exam abroad.
Attorney fees vary depending on the complexity of your case. Many immigration attorneys charge between $1,500 and $5,000 for green card applications. Some cases cost more. The investment in legal help often saves time and reduces the risk of delays or denials.
Important Note on Fees: USCIS fees are subject to annual adjustment and may increase in FY 2026 under new legislation. Applicants should verify current fees on USCIS Form G-1055 at the time of filing.
Eligibility: Can You Use Adjustment of Status or Consular Processing?
Not everyone can use adjustment of status. You must be physically present in the United States. You must have an immediate relative who is a U.S. citizen, or you must have an approved employment-based petition. You also cannot have entered the U.S. illegally (with some exceptions for immediate relatives of U.S. citizens).
If you entered the U.S. without inspection, you may still be eligible for adjustment of status. This applies if you have an immediate relative who is a U.S. citizen. It also applies if you’re an employment-based immigrant with certain protections. However, consular processing may require you to leave the U.S. and apply from your home country. This can trigger unlawful presence bars.
Consular processing is available to anyone with an approved immigrant petition or visa petition. This applies regardless of how they entered the U.S. If you’re outside the U.S., consular processing is typically your only option. Learn about your eligibility by consulting with our immigration law team.
Pros and Cons of Each Path
Adjustment of Status Advantages and Disadvantages
The main advantage of adjustment of status is that you can stay in the United States throughout the process. You can continue working, caring for your family, and building your life while your application is pending. You can also apply for work authorization and travel with advance parole.
The main disadvantage is that adjustment of status can take longer than consular processing in some cases. You’ll also need to attend an interview with USCIS. If your application is denied, you may face removal proceedings. Additionally, if you’re not eligible for adjustment of status, you’ll have to pursue consular processing instead.
Consular Processing Advantages and Disadvantages
Consular processing can be faster in some cases. This is especially true if you’re in a country with shorter processing times. The process is also more straightforward in some ways. You know what to expect at each stage.
However, consular processing requires you to leave the United States. You must attend an interview at an embassy or consulate. You cannot work or travel while your application is pending. If your visa is denied, you may face bars to re-entry. You also cannot apply for work authorization before your visa is approved. This means you cannot work in the U.S. until you receive your green card.
Frequently Asked Questions
How long does adjustment of status take in 2026?
Processing times for adjustment of status vary significantly by USCIS field office and visa category. Immediate relatives typically see 8-15 months. Employment-based cases average 8-18 months once the priority date is current. However, timelines vary depending on your specific circumstances. Your case may require additional background checks or security clearances.
Is consular processing faster than adjustment of status?
Consular processing can be faster in some cases. It depends on the country where you’re applying. Some embassies process cases in 6 to 12 months. Others take 18 months or longer. Adjustment of status timelines can overlap with consular processing timelines. The answer depends on your specific situation and location.
Can I switch from consular processing to adjustment of status?
In some cases, yes. If you’re in the United States on a valid visa and have an approved petition, you may be able to switch from consular processing to adjustment of status. However, this depends on your visa category and your specific circumstances. It’s important to consult with an immigration attorney before making this decision.
What happens if my adjustment of status application is denied?
If your adjustment of status application is denied, you have the right to appeal or request a hearing. If you don’t appeal, you may face removal proceedings. An immigration attorney can help you understand your options and protect your rights.
Do I need an attorney for adjustment of status or consular processing?
While you can file on your own, an immigration attorney can help you avoid costly mistakes. An attorney can gather the right documents and prepare you for your interview. An attorney can also help if your case is complex. They can assist if you have any issues that might affect your eligibility.
How much does adjustment of status cost?
The filing fee for adjustment of status is currently $1,440, plus biometric fees of $30. You’ll also need to pay for a medical examination, which typically costs $200 to $500. Attorney fees vary but typically range from $1,500 to $5,000. Please verify current fees on USCIS Form G-1055 at the time of filing, as fees are subject to annual adjustment.
Can family members be included in my green card application?
Yes, in many cases. If you’re applying for a green card through family sponsorship, your spouse and unmarried children under 21 may be able to apply with you. If you’re applying through employment-based immigration, your spouse and children may also be eligible. The rules depend on your specific situation.
Ready to Move Forward With Your Green Card Application?
Understanding the difference between adjustment of status and consular processing is the first step toward getting your green card. At Law Office of William Jang, PLLC, we’re here to help you work through the process. We’ll help you choose the right path for your situation. Contact us today at (512) 323-2333 to discuss your case. Learn how we can help you achieve your immigration goals.
