1. Form I-485 (Adjustment of Status)
Purpose: To apply for a green card from within the United States.
Who Uses It: Applicants who are already in the U.S. on a valid nonimmigrant visa or other lawful status and are eligible to adjust their status to permanent residency.
Process:
1. Filed with U.S. Citizenship and Immigration Services (USCIS).
2. Applicants stay in the U.S. while their green card application is being processed.
3. Can concurrently file applications for:
• Form I-765 (Employment Authorization Document – EAD) to work while the green card is pending.
• Form I-131 (Advance Parole) to travel outside the U.S. while the green card is pending.
4. Includes a biometrics appointment and possibly an interview.
Processing Time: 6–12 months or more, depending on USCIS workloads and visa availability.
Fee: $1,225 (includes biometrics fee for applicants aged 14–78).
2. Form DS-260 (Consular Processing)
Purpose: To apply for an immigrant visa (green card) from outside the United States.
Who Uses It: Applicants who are living abroad and wish to immigrate to the U.S. as permanent residents.
Process:
1. Filed online through the U.S. Department of State’s National Visa Center (NVC).
2. Once approved, the applicant will be scheduled for an immigrant visa interview at a U.S. embassy or consulate in their country.
3. After approval at the interview, the applicant receives an immigrant visa, enters the U.S., and receives the green card by mail.
4. No employment authorization or advance parole is included since the applicant is not in the U.S.
Processing Time: 6–12 months or more, depending on NVC and embassy/consulate processing times and visa availability.
Fee: $325 for the DS-260 application + $220 green card issuance fee after approval.
Key Differences
| Aspect | Form I-485 (Adjustment of Status) | Form DS-260 (Consular Processing) |
|---|---|---|
| Location | Filed from inside the U.S. | Filed from outside the U.S. |
| Agency | USCIS | U.S. Department of State |
| Work Authorization | Can apply for EAD (Form I-765) | No EAD; must wait for green card to work. |
| Travel Authorization | Can apply for Advance Parole (Form I-131) | Must wait for an immigrant visa. |
| Interview Location | USCIS Field Office in the U.S. | U.S. Embassy/Consulate abroad |
| Immigration Status | Adjusts status from within the U.S. | Immigrant visa issued to enter the U.S. |
| Processing Speed | Similar; varies by case complexity and visa availability. | Similar; dependent on embassy availability. |
When to Choose Each Process
I-485 (Adjustment of Status):
Best for individuals already in the U.S. on a valid visa or lawful status.
Allows the applicant to stay in the U.S. while the green card is processed.
Provides work and travel authorization while the application is pending.
DS-260 (Consular Processing):
Required for individuals outside the U.S. or those not eligible for adjustment of status.
Typically less expensive but requires traveling to a U.S. consulate for the immigrant visa interview.
No ability to work or travel to the U.S. until the immigrant visa is issued.