Should You Apply for Your Green Card Inside or Outside the U.S.?
Understanding Consular Processing, Adjustment of Status, and When Waivers Like the I-601 or I-601A Apply
One of the most important decisions in an immigration case is where to apply for your green card — inside the U.S. through Adjustment of Status or outside the U.S. through Consular Processing. The path you take determines whether you might need a waiver — and which type of waiver it should be.
Adjustment of Status (AOS) – Applying Inside the U.S.
What it is: A process that allows certain immigrants already in the U.S. to apply for lawful permanent residence without leaving the country.
Key points:
You generally must have entered the U.S. legally (with a visa or parole).
Immediate relatives of U.S. citizens can sometimes adjust status even if they overstayed a visa.
If you are inadmissible for reasons other than unlawful presence, you may need to file an I-601 waiver with your adjustment application.
If you entered without inspection and do not qualify for special provisions like VAWA, you usually cannot adjust status and must process through a consulate abroad.
Consular Processing (CP) – Applying Outside the U.S.
What it is: The process of applying for your immigrant visa at a U.S. consulate or embassy abroad.
Key points:
Required if you are not eligible to adjust status in the U.S.
Leaving the U.S. after being here unlawfully for more than 180 days will trigger a 3-year or 10-year bar.
To avoid being stuck outside for years, many applicants file the I-601A Provisional Unlawful Presence Waiverbefore leaving.
If you have other grounds of inadmissibility beyond unlawful presence (such as fraud, misrepresentation, or certain crimes), you will need an I-601 waiver after your interview abroad.
How the I-601 and I-601A Fit In
Only unlawful presence? → You may qualify for an I-601A waiver before leaving the U.S.
Other inadmissibility issues too? → You will likely need an I-601 waiver, often after the visa interview.
In some complex cases, applicants need both waivers — the I-601A first, and the I-601 later if the consulate finds additional inadmissibility grounds.
Current Trends to Watch in 2025
More strict evidence requirements for hardship claims.
Longer processing times for both waivers.
Additional security and fraud checks, especially for consular processing cases.
Why Professional Guidance is Critical
Choosing the wrong process or filing the wrong waiver can delay your case for years or result in a denial. Attorney Velez-Molina carefully analyzes each client’s immigration history, grounds of inadmissibility, and family situation to choose the safest path.
📞 Call J. Molina Immigration Law LLC at 860-474-3705 to determine whether Adjustment of Status or Consular Processing — and which waiver, if any — is right for you.