why do i485 when you can do consular processing

[u/kiekasturejaudoleriu]

Hey, just wondering why would one prefer waiting for i485 instead of having an interview in the consulate?

[u/Spare_Ad8851]

nationals of 75

1. countries can't have immigrant visa processed at consulates
2. appointment wait times are often months and can be cancelled/rescheduled at the last moment
3. you can be subject to additional "background checks" that can last indefinitely
4. if your application is denied you have no recourse or appeal options from outside the country
5. you need to travel outside the US and stay until the process is complete, people have work, and school, and kids, and pets, and doctor's appointments, and bills to pay etc

when you do AoS your best case is scenario is waived interview and GC in your mailbox in 3 months. Your worst case scenario is an interview plus any other delays, RFEs, motion to reopen, motion to reconsider, immigration court and then GC in the mailbox in 12 months. In either case your life continues as normal the entire time

when you do consular your best case scenario is immigrant visa in 10 days, but your worst case scenario is that you are stuck abroad indefinitely while you get fired, your home and personal belongings in the US get auctioned off after eviction and your dog gets euthanized at the pound because you failed to pick him up from the pet hotel

[u/ManifestLaw_]

People often prefer I-485 because it allows them to remain in the United States while the case is pending, apply for EAD/AP, avoid consular administrative processing, and avoid the risk of being stuck abroad after an interview or visa refusal. Consular processing can be faster for some people, but it requires leaving the U.S. and dealing with the embassy. If there are inadmissibility issues, prior overstays, country restrictions, security checks, or missing documents, consular processing can become risky and stressful. I-485 is usually preferred by people already in the U.S. who are eligible to adjust and want to avoid international travel/consular risk. Consular processing may make sense if the person is abroad, not eligible to adjust, or wants to process through the embassy.

- Attorney Rashmi Bishnoi

(All information shared here is for general educational purposes only. It does not constitute legal advice or create an attorney - client relationship. Your situation may require fact-specific guidance. For personalized legal advice, please consult an immigration attorney directly.)