Consular Processing and Advance Parole

J

jigesh

Registered Users (C)
Two Questions: Consular Processing, Advance Parole, etc.

1. If, for any reason, immigration visa during the CP is denied (in worst case), can one enter on valid advance parole document and resume AOS?

2. If I-485 (AOS) is approved before CP interview, can one request the consulate to cancel interview/processing?

Thank you.

Jigesh
 
Last edited by a moderator:
Re: Two Questions: Consular Processing, Advance Parole, etc.

Originally posted by jigesh
1. If, for any reason, immigration visa during the CP is denied (in worst case), can one enter on valid advance parole document and resume AOS?

{The reasons which can result in denial of a Visa at the
consulate are fraud, mis-representation of information or
serious health conditions.

If infact, these surface at the time of interview, then it is
not likely that they would allow you to abandon the cp and
try your chances with AOS. You should note, what ever
reasons prevent you in getting the Visa at CP will raise up
during AOS also.

But if the reason is in-sufficient documentation then, they
MAY allow you to come back to US to get it.

Knowing the main reasons for rejection, you would be the
better judge of your chances. I am not trying to scare you
away from CP.}

2. If I-485 (AOS) is approved before CP interview, can one request the consulate to cancel interview/processing?

{This is possible}

Thank you.

Jigesh
Click to expand...

{my responses}

Raju
 
Raju595,

I have a similar concern, let me explain my case.

Labor was approved in Oct. 2000. According to the labor certification, the positin requires Masters and 3 years of experience OR bachaelor's or equivalent with 5 years of experience.

Filed I 140 (EB2) but was denied Because I do not have masters degree. My education id 3 year Diploma (Educational evaluation from aprivate caompany saying it is equivalent to Bachelor's) and 7 years of experience before starting the GC process.

Filed I 140 (EB3) using same labor, I 140 approved in Feb 2003.

Filed I 485 for AOS. Now since it is taking long time for 485 was thinking of using AC 140.

All this time have been working with same employer, no break in job, have tax returns for 3 years.

Based on this are there chances of denial ?

Thanks in advance.

485
WAC-03-151-XXXXX

:confused:
 
Originally posted by darkraj
Raju595,

I have a similar concern, let me explain my case.

Labor was approved in Oct. 2000. According to the labor certification, the positin requires Masters and 3 years of experience OR bachaelor's or equivalent with 5 years of experience.

Filed I 140 (EB2) but was denied Because I do not have masters degree. My education id 3 year Diploma (Educational evaluation from aprivate caompany saying it is equivalent to Bachelor's) and 7 years of experience before starting the GC process.

Filed I 140 (EB3) using same labor, I 140 approved in Feb 2003.

Filed I 485 for AOS. Now since it is taking long time for 485 was thinking of using AC 140.

{This can be done. However you are expected to file
Form-824 for bringing the file to the CP route. You should
note that, not all consulates accept the AC 140. For
example New Delhi and Mumbai accept these cases but
not Chennai. }




All this time have been working with same employer, no break in job, have tax returns for 3 years.

Based on this are there chances of denial ?

{Generally the chances of denial at the consulate are
miniscule}

Thanks in advance.

485
WAC-03-151-XXXXX

:confused:
Click to expand...


{my responses}

Raju
 
{Generally the chances of denial at the consulate are
miniscule}

If because of education, CP (AC140) is denied, can I re-enter US using AP and continue with pending AOS.
 
Originally posted by darkraj
{Generally the chances of denial at the consulate are
miniscule}

If because of education, CP (AC140) is denied, can I re-enter US using AP and continue with pending AOS.
Click to expand...


Education and experience are looked at before the I-140
approval is given. I have not read about instances where
the consulate has gone back and conducted checks on
education or experience.

As I said before one major reason for denial of visas at
the consulate is fraud or mis-representation. About this
risk the candidate himself is the best judge. I don't remember
having read about this kind of denials.

To give a direct answer to your question, if something about
the education results in denial of Visa at CP, I can bet
they would NOT allow you to come back to US.

Raju
 
Thanks Raju595,

Yes you are right, because education was the ONLY reason for denial of my first I 140 (EB2)

But when filed under EB3 category the case was approved.

Thank you once again.
 
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