Applying for lawful permanent residence is a significant step toward building your future in the United States, but the process isn’t the same for everyone. The two main options—adjustment of status and consular processing—offer distinct routes depending on whether you’re already in the country or living abroad.
Each path comes with its own rules, forms, and timing requirements, and choosing the wrong one can lead to costly delays. Understanding how these options differ is key to setting realistic expectations and keeping your plans on track.
Our attorneys at Herhusky Law Office, PLLC, help people in North Carolina understand the two main paths to permanent residence. We proudly serve Raleigh, North Carolina, and the surrounding areas of Durham, Greensboro, Fayetteville, Charlotte, Wilson, Wilmington, and beyond. Contact us today to schedule a consultation.
Adjustment of Status in the United States
Adjustment of status allows certain applicants to apply for a green card from within the country without having to travel abroad for an interview. You file with the government while remaining in North Carolina, attend biometrics, and later appear for a local interview if required. Many applicants value the ability to keep living, studying, and working in the same place while the case moves.
A significant advantage of adjustment of status is the option to request work authorization and advance parole travel documents while the green card is pending. That can support employment and limited travel needs. Not everyone qualifies, though. Your eligibility depends on how you entered, whether you maintained status, and whether a visa number is available.
Consular Processing From Outside the United States
Consular processing places the interview at a U.S. consulate in your home country or country of residence. After petition approval and document collection, you attend a medical exam and an interview abroad. If approved, you enter with an immigrant visa and receive your green card after arrival. This is for applicants outside the country or those who don’t qualify for adjustment.
Consular processing can move faster in some categories, especially when local consulates have shorter queues. It may also be required if your history makes an adjustment unavailable. The tradeoff is international travel and the need to remain abroad while the final steps are completed.
Key Differences to Weigh
Although both paths lead to the same goal, they feel different in daily life. The most important distinctions usually fall into a few practical buckets that affect family schedules and work plans:
Processing location: Adjustment of status keeps you in North Carolina for biometrics and a possible local interview. Consular processing requires travel and an interview abroad before you can enter as a permanent resident.
Work authorization while pending: Adjustment applicants can request a work permit during the wait, which may allow continued employment. Consular applicants generally can’t work in the United States until they enter with an immigrant visa.
Travel during the process: Adjustment applicants need advance parole to travel and must return before it expires. Consular applicants travel for the interview and return only after visa issuance.
Interview setting: Adjustment of status interviews are typically at a local government office. Consular interviews occur at a U.S. consulate, with procedures and scheduling set by that post.
Processing time variability: Adjustment timing depends on local office backlogs and case type. Consular timing depends on the National Visa Center, medical exam availability, and consular appointment slots.
When you line up these differences with your personal timeline, the better path often becomes clearer. Think about school calendars, work contracts, medical needs, and travel plans, since those realities drive what’s practical.
Eligibility Checks for Each Path
Before filing, it’s smart to confirm that you qualify for the route you prefer. A few early questions can prevent painful midstream changes and added costs:
Current immigration status: Some categories allow adjustment even after a status lapse, while others don’t. Your last entry, visa type, and any overstays can affect eligibility.
Bars and waivers: Past entries without inspection, unlawful presence, or certain criminal issues may create bars that require waivers. The availability of a waiver can steer you toward one route.
Immediate relatives and priority dates: Spouses, parents, and unmarried children of U.S. citizens often face fewer quota backlogs. Preference categories depend on visa bulletin dates that control when you can file.
Petition type and sponsorship: Family, employment, and humanitarian cases follow different rules. Sponsorship strength and financial documentation can shape which process fits better.
History of misrepresentation: Prior statements on visa applications or at the border may trigger additional review. Knowing this early helps plan for evidence and interview questions.
After you review these points, you’ll have a working picture of what’s possible. That foundation keeps you from wasting time on a path that doesn’t match your history.
Timing Travel and Work Authorization
Adjustment often appeals to people who want continuity. You can live in North Carolina during the process, request a work permit, and apply for advance parole if travel is necessary. The work permit won’t arrive overnight, so planning for a gap is wise. School schedules and caregiving needs often tip the scale toward staying put while the case moves.
Consular processing can make sense if you’re already abroad or if your record makes adjustment tough. You’ll need to plan for the medical exam, gather documents, and appear for the interview. Some consulates schedule quickly. Others take longer, which affects return dates and employment plans.
Common Pitfalls and Practical Tips
Many delays come from avoidable filing issues. A few careful steps early can help you keep momentum and reduce stress while you wait:
Entry and status documentation: Keep copies of all I-94 records, visas, and prior approvals so you can show lawful entry or eligibility for exceptions. Missing records can slow the case.
Medical exam timing: Check current rules on when to complete the medical exam. Submitting it too early or too late can cause a request for evidence or an interview delay.
Work and travel planning: Don’t assume you can travel or start a new job right away. Map out when a work permit or visa will likely arrive and plan backup coverage at work or home.
Address updates and mail tracking: Government notices go to the last address on file. Set mail forwarding and track notices so you don’t miss biometrics or interview letters.
Consular country logistics: For consular cases, confirm passport validity, local police certificates, and appointment booking procedures. Small local rules can cause big delays if overlooked.
If you treat the process like a project with milestones, you’ll spot issues before they become roadblocks. A tidy file and a realistic calendar go a long way.
Costs, Risks, and Case Strategy
Both paths involve filing fees, medical exam costs, and time away from work or school. Adjustment may carry added costs for work and travel documents, while consular processing may require international travel and lodging. Comparing totals on the front end helps you prepare rather than react.
Risk tolerance also matters. Some people prefer to remain local during review, especially when a child is in school or a job is settling in. Others value a single trip abroad to finish the process. Think about the quality of your evidence, the clarity of your eligibility, and whether any waivers are needed. The route that best matches those facts is usually the safer choice.
Trusted Legal Guidance
If you’d like a tailored plan that fits your life, reach out for a consultation so we can get you moving toward permanent residence with confidence. Herhusky Law Office, PLLC, can review your goals, history, and timing to help you choose between adjustment of status and consular processing.
We’re based in Raleigh, North Carolina, and proudly serve clients here and in surrounding areas, including Durham, Greensboro, Fayetteville, Charlotte, Wilson, Wilmington, and beyond. Give us a call today to get started with a consultation.
