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ADJUSTMENT OF STATUS vs. CONSULAR PROCESSING: Which Is Right for You? Insights from a Miami Attorney

Introduction

If you're seeking a green card—through family, employment, DACA, or a humanitarian visa—you’ll face a crucial decision: Adjustment of Status (AOS) vs. Consular Processing (CP). Both lead to lawful permanent residency, but choosing wrong could derail your case. Below, Miami immigration attorney Viktor De Maio explains how to choose smartly in 2025.

Adjustment of Status in USA
by Freepik

⚖️ What is Adjustment of Status?

Adjustment of Status allows you to get your green card without leaving the U.S., by filing directly with USCIS.

Best for:

  • People who entered the U.S. legally (tourist, fiancé, employment visa, etc.)

  • Family petitions (I-130), employment petitions (I-140), or U/T/VAWA visas

  • DACA or TPS holders under specific conditions

Pros:

✅ No international travel required

✅ Can apply for work permit and travel document while waiting

✅ Less risky than dealing with unpredictable embassies

✅ You can appeal from inside the U.S.

Cons:

⚠️ Not for those who entered without inspection

⚠️ Processing times: 12–24 months

🌍 What is Consular Processing?

Consular Processing happens outside the U.S.—typically in your country’s U.S. embassy or consulate.

Best for:

  • People outside the U.S.

  • Undocumented immigrants needing a waiver (I-601A)

  • Fiancé visas (K-1), some employment-based cases

Pros:

✅ Sometimes faster (6–12 months depending on country)

✅ Starts fresh visa history

✅ Avoids unlawful presence issues (if processed timely)

Cons:

⚠️ If you’ve overstayed more than 180 days, you may trigger a 3–10 year bar

⚠️ Interview process can be challenging, especially in unstable regions

⚠️ No work or travel authorization while waiting

🧠 Which One Should You Choose?

That depends on:

  • How you entered the U.S.

  • Your immigration history or criminal background

  • Whether a waiver is needed

  • If you’re currently detained or under appeal

  • Your family and employment goals

  • Your timeline to work or travel legally

Only a seasoned immigration lawyer or green card attorney can guide you through this choice properly.

❓FAQs

  1. Can I do AOS if I came with a tourist visa?

    Yes, if you have a valid family or employment petition and no fraud.

  2. What happens if Consular Processing is denied?

    You may remain stuck outside the U.S. and lose your petition rights.

  3. How long does AOS take in 2025?

    Typically 12–24 months, depending on your local USCIS office.

  4. Is CP possible if I’m already in the U.S.?

    Yes, but it may trigger inadmissibility bars unless you qualify for a waiver.

  5. What if I entered illegally?

    You may need to leave and request a waiver—unless you qualify for U, T, or VAWA visas.

  6. Can DACA or TPS holders adjust status?

    Sometimes—especially with Advance Parole or pending I-130s from U.S. relatives.


The right path isn’t always the obvious one. But with the right legal guide, it can be the one that changes your life. At De Maio Law, we help you understand both paths—so you make the choice that’s smart, safe, and right for your case.


📞 Call us: (786) 232‑9120

💬 WhatsApp: wa.me/17862329120


Your immigration future deserves more than hope—it deserves a plan.

 
 
 

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