The I-485 Adjustment of Status and Consular Processing Paths and Switching Between Them

A reader asked: "Hello Teacher Yang, my EB3 priority date on Chart A is coming up soon. I went to China on a business trip a year ago and have not been able to return since; I have been working remotely. Once my priority date becomes current, can I apply for an immigrant visa directly at the U.S. embassy in China?"

Adjustment of Status vs. Consular Processing

Ordinary family-based and employment-based immigration can be divided into two main categories based on the processing procedure:

• Adjustment of Status: commonly abbreviated as "AOS". When a filing date (or final action date) is available, if the beneficiary (not the petitioner who filed the I-130) is physically present in the United States and has lawful status, they may apply to USCIS to adjust their nonimmigrant status to immigrant status and obtain a green card. For an explanation of filing dates and final action dates, see: {https://gonglue.us/36831}; also see {https://gonglue.us/64880}.

• Consular Processing: If the beneficiary is not in the United States but in another country (such as China), they need to apply for an immigrant visa at a U.S. consulate, then enter the United States and obtain a green card.

General Process for Adjustment of Status

• Submit an immigration petition (PERM/I-130/I-140) to USCIS; after approval, wait for the filing date to become current.

• When the filing date (Chart B) becomes current (or Chart A if Chart B is not available), submit Form I-485 to USCIS to apply for adjustment of status.

• After receiving notice, go to the local USCIS Application Support Center (ASC) for fingerprinting.

• Prepare for the immigration medical examination; see {https://gonglue.us/17255}.

• After receiving notice, go to the local USCIS field office for an interview.

• After the final action date (Chart A) becomes current, USCIS approves the I-485, notifies the applicant, and begins producing the green card. It is generally received within 2-3 weeks.

Further reading: {https://gonglue.us/14941}.

General Process for Consular Processing

• Submit an immigration petition (I-130/I-140) to USCIS, indicating that consular processing will be used.

• USCIS will send the I-797 approval notice to the National Visa Center (NVC).

• When the Chart A priority date becomes current (or is close), the NVC sends all information and forms to the applicant.

• The applicant and family members complete the forms and materials and send them back to the NVC.

• After the NVC reviews and approves, it notifies the applicant and family members to attend an interview at the consulate in their country.

• The applicant and family members attend the interview; if there are no issues, the immigrant visa is issued.

• After entering the United States with the immigrant visa, the green card will be received within 90 days.

Switching from Consular Processing to Adjustment of Status

If an applicant indicated consular processing when filing Form I-130 or I-140, but is already in the United States by the time the priority date under Chart A or Chart B becomes current, they may directly file Form I-485 for adjustment of status.

Switching from Adjustment of Status to Consular Processing

If the applicant was in the United States when filing Form I-130 or I-140 and chose adjustment of status, but later left the country for certain reasons and wishes to switch to consular processing, they must file Form I-824, “Application for Action on an Approved Application/Petition,” to notify USCIS; only then will USCIS transfer the petition to the National Visa Center.