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Doing CP from the US

O

Orien

Member
Hi!

My spouse and I are DV2017 selectees, we're currently in the US in J status and we're thinking of doing Consular Processing to get our green cards. We've been reading about the CP process but we're not sure how our case differs from a typical CP since we're in the US. We'd appreciate some help with these questions:

1. What are the differences between doing CP from the US vs typical CP from ex-US? Is there anything we should be careful about?

2. If we submit our DS260s in the next few days, when should we expect to get the 2NL? And the interview?
We're current already and our region is EU. We've seen that it can take about 7 months from DS260 submission to the interview (5 for DS260 processing and getting the 2NL, plus 2 months to be interviewed). If this is correct, we should expect our 2NLs to arrive in May, and the interview to take place in July. Is this a good estimate?
We need to plan well for this timeline to know when to expect to leave the US (which has employment implications).

3. Once we get the 2NL, is it possible to change the date of the interview (to earlier/later)?
This would help in case our planned timeline didn't hold true.

4. How long should we expect to remain ex-US to process the GC and be able to re-enter? It would be good to know both the best and worst case scenario (for example if we were put on AP or something like that).

Thanks so much!! And HAPPY NEW YEAR!! :)
 
Orien said:
Hi!

My spouse and I are DV2017 selectees, we're currently in the US in J status and we're thinking of doing Consular Processing to get our green cards. We've been reading about the CP process but we're not sure how our case differs from a typical CP since we're in the US. We'd appreciate some help with these questions:

1. What are the differences between doing CP from the US vs typical CP from ex-US? Is there anything we should be careful about?

2. If we submit our DS260s in the next few days, when should we expect to get the 2NL? And the interview?
We're current already and our region is EU. We've seen that it can take about 7 months from DS260 submission to the interview (5 for DS260 processing and getting the 2NL, plus 2 months to be interviewed). If this is correct, we should expect our 2NLs to arrive in May, and the interview to take place in July. Is this a good estimate?
We need to plan well for this timeline to know when to expect to leave the US (which has employment implications).

3. Once we get the 2NL, is it possible to change the date of the interview (to earlier/later)?
This would help in case our planned timeline didn't hold true.

4. How long should we expect to remain ex-US to process the GC and be able to re-enter? It would be good to know both the best and worst case scenario (for example if we were put on AP or something like that).

Thanks so much!! And HAPPY NEW YEAR!! :)
Click to expand...
We consciously decided to process CP for DV-2014, while residing in the US, as we had a comparably high CN. There are no specific differences as compared to processing CP while living in your home country, for example you will be receiving sufficient advance notice to make travel arrangements for your DV-interview etc. And no, please do not attempt to change the date of that interview, if at all possible. One thing you will need to make sure, though, is to leave sufficient time after your interview, before your return flight to the US, in order to receive back your passports with DV-visa. This took approx. 2 weeks in our case, longer than we originally had expected. Luckily, we had planned in a family vacation in France during that time, so all worked out in the end. All in all, CP turned out to be a good option for us - quick and effective, in fact we learned that we were pre-cleared as far as security screening was concerned on the day of the interview. Retrospectively, we would most likely take the same decision (CP over AoS) again. Good luck!
 
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Orien said:
It looks like we may not be eligible to adjust status unfortunately... that's why we're thinking about CP
Click to expand...

To ask the obvious (which must be asked anyway) - the reasons for being ineligible to do AOS will not prevent you getting an immigrant visa at a consulate? I presume you are aware there is no right to appeal an immigrant visa decision by a consulate.

Assuming you'll be fine on that front, will defer to euro above as having actually done this and be able to advise you accordingly.
 
EURO2014 said:
We consciously decided to process CP for DV-2014, while residing in the US, as we had a comparably high CN. There are no specific differences as compared to processing CP while living in your home country, for example you will be receiving sufficient advance notice to make travel arrangements for your DV-interview etc. And no, please do not attempt to change the date of that interview, if at all possible. One thing you will need to make sure, though, is to leave sufficient time after your interview, before your return flight to the US, in order to receive back your passports with DV-visa. This took approx. 2 weeks in our case, longer than we originally had expected. Luckily, we had planned in a family vacation in France during that time, so all worked out in the end. All in all, CP turned out to be a good option for us - quick and effective, in fact we learned that we were pre-cleared as far as security screening was concerned on the day of the interview. Retrospectively, we would most likely take the same decision (CP over AoS) again. Good luck!
Click to expand...

It's great to know you did CP from the US too! Thanks for the advice on allowing enough time after the interview. I'm curious how much time would you say we need before the interview once in our home country? I believe we'll have to do the medical there. How long did that take in your case?
 
SusieQQQ said:
To ask the obvious (which must be asked anyway) - the reasons for being ineligible to do AOS will not prevent you getting an immigrant visa at a consulate? I presume you are aware there is no right to appeal an immigrant visa decision by a consulate.

Assuming you'll be fine on that front, will defer to euro above as having actually done this and be able to advise you accordingly.
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Hi Susie, thanks for bringing this up. It's a great question and I realize that perhaps I don't full understand the details of how this works :( It was my understanding that to do AOS one must meet additional criteria on top of the DV qualification requirements (but now I'm not sure this correct?). We meet the DV requirements in terms of country of birth and HS educational level, but we may not meet the requirements to adjust status. This is related to a potential unauthorized employment issue, which as far as I know could completely kill an AOS DV case.

This is why we are considering CP instead of AOS, but we're not familiar with the processes so there may be something we're missing. We'd of course want to choose the process with a higher likelihood of success.
 
Orien said:
Hi Susie, thanks for bringing this up. It's a great question and I realize that perhaps I don't full understand the details of how this works :( It was my understanding that to do AOS one must meet additional criteria on top of the DV qualification requirements (but now I'm not sure this correct?). We meet the DV requirements in terms of country of birth and HS educational level, but we may not meet the requirements to adjust status. This is related to a potential unauthorized employment issue, which as far as I know could completely kill an AOS DV case.

This is why we are considering CP instead of AOS, but we're not familiar with the processes so there may be something we're missing. We'd of course want to choose the process with a higher likelihood of success.
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The amount of time you need to be "in country" for the medical varies according to how quickly the physician can produce the report. Call the physician to check that timing. Typically a week is about right - but we have had people do the medicals the day before the interview and pick up the report prior to the interview.

About the unauthorized employment. You keep using the word "potential". You should be more clear about that. If it is certain, AOS is not an option. So, as I have already told you (over 3 weeks ago), I would want to remove the risk. The ONLY way you should do AOS is if you are CERTAIN the unauthorized employment will not be an issue.
 
Orien said:
It's great to know you did CP from the US too! Thanks for the advice on allowing enough time after the interview. I'm curious how much time would you say we need before the interview once in our home country? I believe we'll have to do the medical there. How long did that take in your case?
Click to expand...
You are welcome. As to your question concerning medicals in your home country, before your CP interview: required lead-time will depend on whether or not your Consulate requires medical results to be submitted prior and be part of your file at the time of your interview. The US Consulate in Frankfurt, for example, where we interviewed does not require medicals at the time of the interview. Hence, we decided to fly back two days before the interview, completed medicals the day before, and attended the interview the following day. We knew that this meant that we could not be approved "on the spot" and, indeed, received form 221(g), which is the type of AP for missing document in our case (and other reasons with different types of colored forms). Anyway, this did not cause any problems in the end, however contributed to the extended time span until we received our passports with DV-Visa back, as I had explained above.

Now, if your US Consulate requires your file to be complete, including medicals, at the time of the interview, you will look at a different travel schedule with a m i n i m u m requirement of at least a week of medicals appointment before the interview, and I would speak with the doctor's office in advance, as to ascertain what their normal reporting times to the US Consulate are. Makes sense?

Lastly, I am somewhat dubious about your reference to "potential unauthorized employment in the US". If true, this may well come up at your CP interview as well, and possibly become a dealbraker if you are not able to successfully argue your case, at that time. Very best of luck!
 
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EURO2014 said:
You are welcome. As to your question concerning medicals in your home country, before your CP interview: required lead-time will depend on whether or not your Consulate requires medical results to be submitted prior and be part of your file at the time of your interview. The US Consulate in Frankfurt, for example, where we interviewed does not require medicals at the time of the interview. Hence, we decided to fly back two days before the interview, completed medicals the day before, and attended the interview the following day. We knew that this meant that we could not be approved "on the spot" and, indeed, received form 221(g), which is the type of AP for missing document in our case (and other reasons with different types of colored forms). Anyway, this did not cause any problems in the end, however contributed to the extended time span until we received our passports with DV-Visa back, as I had explained above.

Now, if your US Consulate requires your file to be complete, including medicals, at the time of the interview, you will look at a different travel schedule with a m i n i m u m requirement of at least a week of medicals appointment before the interview, and I would speak with the doctor's office in advance, as to ascertain what their normal reporting times to the US Consulate are. Makes sense?

Lastly, I am somewhat dubious about your reference to "potential unauthorized employment in the US". If true, this may well come up at your CP interview as well, and possibly become a dealbraker if you are not able to successfully argue your case, at that time. Very best of luck!
Click to expand...

No embassy "requires your file to be complete" at the time of interview. Standard procedures mean that any missing required document will cause AP waiting for the document. However, late medical + interview +AP is likely to take longer overall than arriving at the interview with the medical completed. In fact if the AP crosses a month end the delay would be significant.

And no, unauthorized employment would not come up at the interview, nor would it be a dealbreaker if it did. It's a statutory bar for adjustment of status, not an ineligibility for DV case approval.
 
Britsimon said:
No embassy "requires your file to be complete" at the time of interview. Standard procedures mean that any missing required document will cause AP waiting for the document. However, late medical + interview +AP is likely to take longer overall than arriving at the interview with the medical completed. In fact if the AP crosses a month end the delay would be significant.

And no, unauthorized employment would not come up at the interview, nor would it be a dealbreaker if it did. It's a statutory bar for adjustment of status, not an ineligibility for DV case approval.
Click to expand...
Well, what I do know is that at our CP interview the CO went painstakingly through our NIV immigration history with us from 1998 until 2014, the time of our IV application, and was specifically interested in continuous immigration status and authorized employment. In fact, he specifically asked us whether anyone in our family ever worked in the US without work authorization. I would not have liked to find myself in the position telling him that this was none of his business, as you may or may not be suggesting ;)
 
EURO2014 said:
Well, what I do know is that at our CP interview the CO went painstakingly through our NIV immigration history with us from 1998 until 2014, the time of our IV application, and was specifically interested in continuous immigration status and authorized employment. In fact, he specifically asked us whether anyone in our family ever worked in the US without work authorization. I would not have liked to find myself in the position telling him that this was none of his business, as you may or may not be suggesting ;)
Click to expand...

Perhaps you think I am making this up. A simple Google search gets a number of similar explanations of the law.

http://www.humanrightsattorney.com/unlawful-presence-illegal-entries/q-a-consular-processing/
 
Britsimon said:
No embassy "requires your file to be complete" at the time of interview. Standard procedures mean that any missing required document will cause AP waiting for the document. However, late medical + interview +AP is likely to take longer overall than arriving at the interview with the medical completed. In fact if the AP crosses a month end the delay would be significant.

And no, unauthorized employment would not come up at the interview, nor would it be a dealbreaker if it did. It's a statutory bar for adjustment of status, not an ineligibility for DV case approval.
Click to expand...
Oh, and concerning medicals requirement to be completed before the interview, I believe the following example instructions are quite clear in this respect, are they not:
https://ukraine.usembassy.gov/diversity_step4.html
Of course this does not mean that missing medicals can not be overcome, however instructions clearly differ by Consulate and Frankfurt states that they do not require medicals at the time of the interview. Hence my suggestion to the person asking the question to find out...
 
Britsimon said:
Perhaps you think I am making this up. A simple Google search gets a number of similar explanations of the law.

http://www.humanrightsattorney.com/unlawful-presence-illegal-entries/q-a-consular-processing/
Click to expand...
Why should I? I, like you I guess, am providing suggestions based on personal DV experience. Waiving legal texts in front of the CO certainly would not have helped our case at the time, of this I am quite sure. There is a difference of being right and getting right, i.e. the DV at the time of the interview.
 
EURO2014 said:
Oh, and concerning medicals requirement to be completed before the interview, I believe the following example instructions are quite clear in this respect, are they not:
https://ukraine.usembassy.gov/diversity_step4.html
Of course this does not mean that missing medicals can not be overcome, however instructions clearly differ by Consulate and Frankfurt states that they do not require medicals at the time of the interview. Hence my suggestion to the person asking the question to find out...
Click to expand...

You are so stubborn when pointed out to be incorrect. It's very tiring Euro. Really.

It's great to provide your input based on your experience - but sometimes your experience (or your assumptions about your experience) may be incorrect. That's OK Euro. It's OK.

Instructions don't differ. Every embassy tells you to come with the medical OR refers you to the standard instructions (as in the case of Frankfurt) which say to have the medical before the interview. There is no embassy that tells people to do the medical after the interview. There is no embassy (that is following procedures) that would turn away someone for their interview that is missing a document or even the medical. EVERY embassy follows the same procedures and therefore uses a 221(g) refusal (AP) if a required document is missing. No mystery. Not different procedures. No need to call.

Regarding the AOS/CP Unathorized employment. The law couldn't be more clear, and there is plenty of evidence to support that including many explanations from lawyers and the USCIS websites themselves. What DOESN'T exist is something in the DV FAQ, or 9 FAM guidelines, or INA laws that explains why unauthorized employment is an ineligibility for immigration.

I am sure you will come back with some pedantic argument about this. Please don't. You are wasting our time (yours and mine) and confusing people and scaremongering over very simple points.
 
Britsimon said:
You are so stubborn when pointed out to be incorrect. It's very tiring Euro. Really.

It's great to provide your input based on your experience - but sometimes your experience (or your assumptions about your experience) may be incorrect. That's OK Euro. It's OK.

Instructions don't differ. Every embassy tells you to come with the medical OR refers you to the standard instructions (as in the case of Frankfurt) which say to have the medical before the interview. There is no embassy that tells people to do the medical after the interview. There is no embassy (that is following procedures) that would turn away someone for their interview that is missing a document or even the medical. EVERY embassy follows the same procedures and therefore uses a 221(g) refusal (AP) if a required document is missing. No mystery. Not different procedures. No need to call.

Regarding the AOS/CP Unathorized employment. The law couldn't be more clear, and there is plenty of evidence to support that including many explanations from lawyers and the USCIS websites themselves. What DOESN'T exist is something in the DV FAQ, or 9 FAM guidelines, or INA laws that explains why unauthorized employment is an ineligibility for immigration.

I am sure you will come back with some pedantic argument about this. Please don't. You are wasting our time (yours and mine) and confusing people and scaremongering over very simple points.
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No, actually I won't be coming back to you on this or any other matter, going forward. It is just a waste of time.
 
@Orien - for the medicals you must call the physician(s) designated by the embassy in your home country - I believe the period needed for medicals vary by country and for my country (and I suspect this is valid for other countries too) - they already changed the medicals twice this year. So even if you ask people who attended interviews in your embassy before, the answer may not necessarily be current.
In my country (BG) there are new requirements for the STD tests this year and the new tests take 3 days - so you can no longer attend the medicals the day before the interview - they will not allow it.
Also, check on your embassy's homepage what are the local papers required - for instance, we have one that usually takes a week to be issued.
 
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