The Different Paths to a Green Card

When sponsoring a family member for a green card, the final step depends on where your relative lives and their current immigration status. Some complete the process inside the U.S. through Adjustment of Status (AOS), while others finish the process abroad through Consular Processing.

Permanent residency, often called a "Green Card," grants immigrants many of the same rights as a citizenship, including the right to work in the U.S., travel freely in and out of the country, and even apply for some immigration benefits for family.

Understanding the difference between these two paths is critical to choosing the right option for your loved one and setting expectations the timeline and important steps involved.

What Is Adjustment of Status?

Adjustment of Status (AOS) is the process of applying for a green card from inside the United States.

• Your relative files Form I-485, Application to Register Permanent Residence or Adjust Status, after the family petition (Form I-130) is approved—or in some cases, at the same time.

• They may also apply for Form I-765, Application for Employment Authorization (EAD), which allows them to work while waiting.

• They may also potentially apply for a travel permit which allows them to travel abroad for certain reasons while waiting for their green card.

• There is no need to leave the U.S. for an interview abroad—everything is handled here.

• Applicants must also meet the public charge requirement by submitting Form I-864, Affidavit of Support. This shows the petitioner (and possibly a joint sponsor) has enough financial means to support the immigrant.

• In cases involving past immigration issues (like unlawful presence or fraud), an applicant may also need to file a Form I-601, Application for Waiver of Grounds of Inadmissibility, or a Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal.

Best for: Relatives who are already in the U.S. and eligible to adjust (for example, those who entered legally with a visa).

What Is Consular Processing?

U.S. Embassies and Consulates operate worldwide in almost every country, making attending the visa interview one of the easier tasks for many applicants.

Consular Processing applies when your relative is outside the United States, or not eligible to adjust inside the country.

• After the I-130 is approved, the case is transferred to the National Visa Center (NVC).

• Your relative completes forms, submits civil documents, and pays fees online.

• The final step is an immigrant visa

  interview at a U.S. consulate in their home country.

• Once approved, they enter the U.S. as a permanent resident with a green card.

• Like AOS, consular applicants must also submit Form I-864, Affidavit of Support.

• For applicants who accrued unlawful presence in the U.S., leaving for the interview can trigger the 3- or 10-year bar. In these cases, they may first apply for a Form I-601A, Application for Provisional Unlawful Presence Waiver. Depending on the circumstances, other waivers such as Form I-601 or Form I-212 may also apply.

Best for: Relatives abroad or those who entered the U.S. without inspection and cannot adjust here.

Key Differences Between the Two

• Location: Adjustment happens inside the U.S.; consular processing happens abroad.

• Timeline: Consular cases may sometimes move faster, but involve travel and international logistics.

• Benefits while waiting: Adjustment applicants can often work and travel with temporary documents (Form I-765 and advance parole); consular applicants must wait abroad.

• Risks: Consular processing can be more complex if there are past immigration violations, while adjustment can face challenges with eligibility rules and waivers.

How an Immigration Attorney Helps

Choosing between Adjustment of Status and Consular Processing isn’t always straightforward. An experienced attorney will:

• Review your loved one’s immigration history to determine eligibility

• Explain the pros and cons of each pathway

• Prepare applications and supporting evidence for USCIS or the NVC

• Advise on whether a waiver (Form I-601, I-601A, or I-212) is required

• Guide you through interviews and potential requests for evidence

• Help avoid pitfalls that could cause delays or denials

Bringing Your Family Together

Family based immigration lets you bring multiple generations together, living legally as permanent residents in the United States.

Whether your loved one is here in the U.S. or abroad, both Consular Processing and Adjustment of Status are established paths to family reunification. The right choice

depends on your family’s unique circumstances.

Contact Quesnel Law today for a consultation—we’ll help you understand the options, avoid mistakes, and take the next step toward securing your family’s green card.