Difference Between Adjustment of Status and Consular Processing

If you’re just starting to plan your legal move to the United States, you’ve probably come across the terms “Adjustment of Status” and “Consular Processing.” Both are paths to obtaining a Green Card (permanent residency in the US), but they are different processes, and understanding them is essential to making the right decisions.

Adjustment of Status

Adjustment of Status (or Adjustment of Status – AOS) is the process used when a person is already within the United States legally (for example, with a student, work or tourist visa) and wishes to change their immigration status to that of a permanent resident without having to leave the country.

Main features of Status Adjustment:

✅ Can be completed without leaving the US
✅ Allows applicants to remain in the country during the process
✅ In many cases, it is possible to apply for work and travel permits while the process is ongoing
✅ Ideal for those already in the US with valid status
⛔ May take longer than the consular process, depending on the location and visa category

Consular Processing

Consular Processing is the process carried out when the applicant is outside the United States and needs to attend an immigration interview at the American consulate or embassy in their home country, before entering the United States as a permanent resident.

Main features of Consular Processing:

✅ Process carried out from abroad
✅ The interview takes place at the U.S. consulate or embassy in the applicant’s country
✅ Typically, the wait time is shorter than for Adjustment of Status
⛔ The person can only enter the U.S. with the Green Card in hand, after approval
⛔ If there are problems with the process, the person is not in the U.S. to attempt faster adjustments

Which way is better?

The answer depends on several factors, such as:

Are you already in the US?
Did you arrive with a valid visa?
Are you planning to come soon and want to expedite the process while still in Brazil?
What is your visa category?

For example:
A student in the country with an F-1 visa who receives a job offer and qualifies for an EB-2 can apply for Adjustment of Status, avoiding the need to return to Brazil.
A person approved for a Green Card through a relative and who is still in Brazil will likely follow the Consular Processing path.