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FAQs: AOS vs. CP - Pros and Cons
Advantages of Adjustment of Status
In employment-based cases, there is usually no interview. There is always an interview on consular cases.
- Consular cases require travel by the principal applicant and family members to the U.S. consulate in the country of nationality or last residence. Adjustment of status does not require any international travel.
- Medical Exams and Fingerprints would be done at the Consulate office. Please visit the Embassy web site at http://usembassy.state.gov/ for additional information on processing as each Consular office has its own process.
- Attorneys can be present if an interview does occur on an adjustment of status application at the USCIS . Clients have no right to attorney representation at many U.S. consulates.
- Police certificates from all countries where the foreign national lived for six months or more since age 16 are required in consular cases. They are not required in adjustment of status cases.
- Employment-based adjustment applicants are not required to remain employed with their sponsoring employers if the USCIS does not adjudicate their application within 180 days. This flexibility does not exist with cases filed at a U.S. consulate.
- The adjustment applicant and his spouse and children under age 21 can obtain employment authorization documents shortly after filing for adjustment of status. This eliminates the need to extend nonimmigrant status during the pendency of the adjustment application. It is not possible to obtain an employment authorization document with consular processing.
- There are procedures for appealing or renewing a denied application for adjustment of status. There are no such procedures for a denied immigrant visa application.
- If there are USCIS delays in deciding an adjustment application, the foreign national is able to remain in the United States and continue working. If there are delays in the consular processing of an immigrant visa application following the interview, the foreign national may be stranded outside the United States until the problems are resolved.
With all of these advantages of adjustment of status, why would anyone ever choose to process an immigrant visa application at a U.S. consulate? The following are some of the reasons:
Advantages of Consular Processing:
The biggest advantage is timing. Traditionally, immigrant visa processing at a U.S. consulate may save 3 to 18 months depending upon the U.S. consulate and the USCIS office that would have jurisdiction over the adjustment of status application. Please visit https://egov.immigration.gov/cris/jsps/ptimes.jsp for the most current I-485 processing times.
- Upon the filing of an AOS application, the foreign national may have restrictions on travel outside of the United States. Thus, with the exception of aliens in H or L status, AOS applicants must file for and obtain Advance Parole to leave the U.S. (aliens maintaining H or L status while an adjustment of status application is pending can also travel internationally and re-enter with a valid H/L visa and the original AOS receipt). Consular Processing applicants are able to travel without restriction assuming that they have valid visas for travel.
- If the family (spouse and children) of the foreign national are outside of the U.S., it is often advantageous for the entire family to process their immigrant visa applications together at the U.S. Consulate.
With these factors in mind, the permanent residence applicant should be able to make an informed judgment regarding the venue for completion of his permanent residence case.
Information on Medical Exams and Vaccinations
All applicants for permanent residency status must have a medical examination completed whether the application is processed via Consular Processing or adjustment of status. If processing through the consulate, the medical exam must be completed overseas. Evidence of vaccination for a variety of illnesses are required, including: mumps, measles, rubella, polio, tetanus, diphtheria toxoids, pertussis, influenza type B and hepatitis B, varicella, haemophilus influenza type B, pneumococcal, and any other preventable disease may be added to the list. For information on physicians overseas, please check the Embassy website. For information on the closest U.S. doctor you may call (800) 375-5283. The medical exam form can be downloaded from this link.
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