When you have utilized for Adjustment of Standing (“AOS”) on Type I-485 and it’s good to go away the US, you may change to the Consular Processing (“CP”) technique to be able to receive a visa overseas. With a view to change to CP, you will need to submit Type I-824 to USCIS. Type I-824 is a request that the U.S. Consulate abroad is notified of your AOS approval. Observe the directions for Type I-824 fastidiously. If doubtful about submitting this request, it’s best to seek the advice of an immigration lawyer.
One motive why an AOS applicant would possibly need to change to CP is as a result of AOS typically experiences lengthy delays in processing. CP is typically faster. Nevertheless, Type I-824 has typically skilled lengthy delays as properly. Due to this fact, altering to CP could not develop into as fast as you thought.
In employment-based AOS circumstances, this downside could have much less of an impact. The Visa Workplace not too long ago suggested all U.S. Consular posts to just accept these kind of circumstances when the beneficiary was final resident in that Consular submit’s district. Even when the beneficiary was not final resident within the Consular submit’s district, the Consulate is strongly inspired to just accept the circumstances if the applicant is going through some form of hardship on account of the lengthy processing delays.
To vary from AOS to CP, the employment-based applicant ought to submit three main paperwork to USCIS: (1) the I-797 Discover of Receipt on the Type I-140; (2) a duplicate of the Type I-140 petition; and (3) the Discover of Receipt for the Type I-824. As well as, the applicant ought to submit proof that she will probably be residing within the Consular submit’s district in the course of the foreseeable future.
There are particular drawbacks, nevertheless, to altering from AOS to CP. As an example, if the applicant has accrued over 180 days of illegal presence within the U.S., she shouldn’t change from AOS to CP or else she will probably be topic to the 3- or 10-year bar to returning to the U.S. One other downside is that the applicant’s withdrawal of her AOS utility may additionally have the impact of withdrawing her employment authorization if she doesn’t have another technique of acquiring employment authorization, reminiscent of one other kind of nonimmigrant visa standing.
In case you are doubtful about altering from AOS to CP, it’s best to converse to an immigration lawyer. An immigration lawyer will be capable to analyze your case and advise you accordingly.
