Step 2: If a visa number is available, applicant can concurrently file Form I-485, Application to Register Permanent Residence or Adjust Status and process the applications in one step. Citizenship and Immigration Services (USCIS), requesting Adjustment of Status. Step 1: Form I-140, Immigrant Petition for Alien Worker, is filed with the U.S. The purpose of this memo is to describe the two processes, and to set forth the possible advantages and disadvantages of each process. The primary concern of most applicants is: “Which is the fastest way to permanent residence?” While getting permanent residence as quickly as possible is important, several other factors must be considered when deciding which is the better route. However, to avoid possible processing delays and increased fees, it is best to take this election seriously. There is always an opportunity to change your election after the fact and choose the other process.

The purpose of this memo is to outline the steps involved in adjustment of status and consular processing and provide some information about the advantages and disadvantages of each method of processing.Ī choice of Adjustment of Status or Consular Processing must be entered on Form I-140, Immigrant Petition for Alien Worker. Individuals with approved I-140 petitions may also wish to revisit these options again before applying for the final stage of permanent residence, as current processing times and personal factors may have changed since filing the immigrant petition. Those in the process of submitting the I-140 Immigrant Petition should consider these options – Adjustment of Status or Consular Processing – as soon as possible in the process. Applicants for employment-based permanent residence (i.e., the “Green Card”) can apply for permanent residence in one of two ways: Adjustment of Status, where the applicant applies by mail while remaining in the U.S, or Consular Processing, where the applicant applies for an immigrant visa in his or her home country.

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