Adjustment of Status vs. Consular Processing
For Adjustment of status (I-485) the foreign national must be physically present in the United States at the time of filing the Application. Where as Consular Processing is done for individuals who are abroad. An individual physically present in the United States in valid status may choose to elect consular processing and travel to their country of nationality for the Immigrant Visa Interview and Medical Examination.
The Difference between Adjustment of Status and Consular Processing
Consular Processing is generally faster than adjustment of status. The processing times from the time a visa number is available to obtaining the Immigrant visa (at the interview) is several months. Once the Immigrant Visa is granted the person may enter the United States on that Immigrant Visa and their green card will be send to them in the mail couple of weeks after entry.
The downsides of consular processing are that approval of the Immigrant Visa is based on the consular officers' discretion. If the consular officer denies the visa application, than there is no appeal available. Also, individuals going through consular processing do not qualify for any benefits associated with adjustment of status, such as Employment Authorization or Travel Permission.
Adjustment of Status on the other hand, is a more lengthy process, ranging anywhere from 1-3 years. The benefits of adjustment of status are that you can receive work and travel authorization for each applicant while awaiting permanent status approval. The work and travel authorizations can be renewed. Also, if USCIS decides to deny the application you can challenge the denial through administrative and appellate processes.
Switching from Consular Processing to Adjustment of Status and vice versa
Switching from consular processing to adjustment of status is not a big issue. You will need to submit a request to the National Visa Center and they will transfer the file to USCIS.
However, going from adjustment of status to consular processing is a bit more frustrating because you have to submit an additional application and it takes up to 1 year to transfer the file to the National Visa Center.
