Adjustment of Status vs. Immigrant Visa Processing

There are two primary pathways to permanent residency in the U.S.: adjustment of status and immigrant visa processing. Understanding the distinctions between these options is crucial for determining the best route for your situation.

Adjustment of Status

Adjustment of status (AOS) involves filing Form I-485 with USCIS, which requires you to be physically present in the U.S. at the time of filing. Generally, you must have entered the country lawfully, though there are some exceptions.

Maintaining lawful immigration status from entry until your adjustment application is vital. Immediate relatives—such as spouses, unmarried children under 21, and parents of U.S. citizens—are granted an exception under the Immigration and Nationality Act (INA).

The process may include an interview at your local USCIS office. Since USCIS offices operate under a uniform federal system, familiarity with local procedures can enhance your experience.

Immigrant Visa Processing

Immigrant visa processing involves several additional steps and agencies. Typically, USCIS must first approve the underlying petition (e.g., Form I-130 or I-140). Once approved, the petition is forwarded to the National Visa Center (NVC), a part of the U.S. Department of State. The NVC collects visa fees and processes essential documents, such as civil documents, police clearances, and affidavits of support. After processing, the NVC schedules a visa interview at a designated U.S. consulate, where applicants must adhere to specific consular instructions, including obtaining a medical exam with required vaccinations.

Which Option Is Better?

Choosing between adjustment of status and immigrant visa processing depends on individual circumstances. You may qualify for one option but not the other, or you might be eligible for both—or neither.

Adjustment of status may not be ideal for those gainfully employed in their home country who wish to avoid being “stuck” in the U.S. for extended periods while waiting for employment authorization (EAD) and advance parole, both of which can take considerable time. Conversely, immigrant visa processing can be detrimental for those who have overstayed their admission period (as indicated on Form I-94) by more than six months, as this triggers a three-year inadmissibility bar, and overstaying by more than 12 months can lead to a ten-year bar.

Consult an Immigration Lawyer

Immigration law is complex, and the nuances can significantly impact your case. We often meet individuals and families who consult us after facing denials or refusals related to their adjustment of status or immigrant visa applications. Don’t let this happen to you.

While hiring an immigration lawyer in Las Vegas is not mandatory, it is wise to consult one before submitting any application. During our one-hour consultation, we carefully analyze various scenarios, listen to your needs, and assess your immigration history for any issues that might affect your eligibility. This thorough approach allows us to recommend whether to pursue an immigrant visa, adjustment of status, or another course of action.

Government agencies handle applications and enforce rules but are not equipped to provide legal advice. Consult with an experienced immigration attorney to navigate the best process for your situation.