Once a visa is available to you, there are two ways to actually obtain permanent residence. Choosing between them is one of the most consequential decisions in an immigration case, and it is not simply a matter of preference.
Adjustment of status
Adjustment, filed on Form I-485, happens while you remain inside the United States. You never leave. If approved, you receive your green card without setting foot in a consulate.
The central requirement is how you entered. As a general rule, adjustment requires that you were inspected and admitted or paroled at a port of entry — that an immigration officer saw you and let you in. Certain categories, such as immediate relatives of U.S. citizens, are forgiven for having overstayed a lawful entry. Entering without inspection is a different matter entirely and usually closes this door, with narrow exceptions.
Consular processing
Consular processing happens abroad. After the petition is approved, the case moves through the National Visa Center, you submit civil documents and fees, and eventually you attend an interview at the U.S. consulate in your home country. If approved, you enter the United States as a permanent resident.
For someone living outside the U.S., this is simply how it works. For someone already inside the country, it is a decision with a serious catch.
The catch: unlawful presence
If you have accrued more than 180 days of unlawful presence in the United States and you then depart, you can trigger a bar on returning — three years in some cases, ten in others. The bar is triggered by leaving. Someone who has lived here for years without status and flies out for a consular interview may find themselves unable to come back.
This is the single most common way a well-intentioned family turns a difficult case into a devastating one.
Waivers exist, but they are not automatic
There are waivers for the unlawful presence bar, including a provisional waiver process that lets certain applicants request the waiver before departing rather than after. They require demonstrating extreme hardship to a qualifying U.S. citizen or permanent resident relative — a standard that is met with evidence, not assertions.
The rules on who qualifies and what evidence persuades have shifted repeatedly. If you have ever been in the United States without status, do not book a consular interview before someone has reviewed your entry and departure history in full.