Green card process
Adjustment of status vs. consular processing: what's the difference?
Adjustment of status (AOS) and consular processing are the two ways to obtain a green card. AOS is for applicants already in the United States who change to permanent-resident status without leaving; consular processing is for applicants outside the U.S. (or who choose to complete the case abroad) at a U.S. embassy or consulate.
Primary legal authority
- INA §245 / 8 CFR §245 — Governs adjustment of status to permanent residence from within the United States.
- INA §221 and §222 — Govern the issuance of immigrant visas at U.S. consulates abroad (consular processing).
Adjustment of status (inside the U.S.)
AOS is available to eligible applicants who are physically present in the U.S. and meet the requirements of INA §245. The applicant files Form I-485 with USCIS and can often apply for interim work and travel authorization while the case is pending.
AOS keeps the applicant in the U.S. throughout and is adjudicated by USCIS.
Consular processing (abroad)
When the applicant is outside the U.S. — or is not eligible to adjust inside the U.S. — the immigrant visa is processed by the Department of State through the National Visa Center and a U.S. embassy or consulate, ending in an interview abroad.
Eligibility to adjust inside the U.S. under INA §245 depends on factors such as manner of entry and immigration history; where AOS is unavailable, consular processing is the route.
Frequently asked questions
What is the difference between adjustment of status and consular processing?
Adjustment of status (INA §245) is applied for from inside the U.S. via USCIS without leaving the country; consular processing (INA §221/§222) is completed at a U.S. embassy or consulate abroad through the Department of State.
Can I work while my adjustment of status is pending?
Applicants who file Form I-485 can generally apply for interim employment authorization while the adjustment application is pending. Eligibility specifics depend on the category.
Who must use consular processing instead of AOS?
Applicants who are outside the United States, or who are not eligible to adjust status under INA §245 (for example, due to manner of entry or other bars), generally complete the green-card process through consular processing.
JustiGuide provides legal information, not legal advice, and is not a law firm. This page is a general overview and is not a substitute for advice about your specific situation from a licensed immigration attorney. Last reviewed 2026-05-27.