But that also means they would have to drop out of school if coming back on AP? the person you were talking about, it seems was one of those who always tried to use a student visa as a stepping stone. If someone is actually a serious student then the thought of having to drop out of a course is also a big concern. Depending what they are doing maybe even a bigger concern than not getting a green card.
Hi Mom, thank you so much for your input! The AP route does seem pretty risky, and I really don’t want to put my current status in jeopardy, especially since I’ll be doing CPT during that time. For now, I’m thinking I’ll just start the process after I get back from the wedding in late June. I really hope it’s enough time to process everything smoothly and on time.
AFAIK, they do not have to drop out of school if coming back on AP, as they will be parole in as adjustment pending.
As long as you're also mindful of the possibility of the incoming administration putting in place new laws that may bar immediate submission of AOS application following a recent admission into the US.
And they can attend school in that status? Sorry for my ignorance about this
Has this been an issue before? How long should I wait before applying?
I believe they can, however I could be wrong.
Yeah, I vaguely remember a similar attempt by the incoming administration to enforce the 90-Day rule for AOS filing back in 2017. USCIS only removed this requirement for their Policy Manual in 2021.
Unfortunately at this stage you have no way of knowing when your number will actually be current or if there would be any delay in scheduling your interview, so I think this is actually an impossible question to answer at this stage.
Oh wait, I just went back and read your initial post. If you expect your number to be current in Feb, why are you taking about going back in May for CP?
I'll be doing an internship under CPT from late January to early May. I could head back to my country once it’s over (and even attend the wedding in June!) and handle everything from there with the U.S. Embassy while on summer break, but my main concern is how safe this option is, as I’d need to return to the U.S. by mid-August for classes.
I’m still not understanding, or maybe you’re not realizing that the CP process works quite differently to aos. with CP, most often, you will interview in the month your number is current. If you miss the interview, you lose out. Some countries let you reschedule (before you miss it), some don’t, some make you cancel before you can reschedule, some never get you back on the schedule. So basically if you have an interview with CP you need to get there in time. If you try delay the interview by delaying ds260 submission then all bets are off as to when you will actually get an interview scheduled. You can’t expect it to time it for the period you will be there. It may work out to what you want, but chances are more likely that it won’t. That’s why most people going home for CP plan travel back to home country for once they know their interview date.
I see—I didn’t realize that with CP I could only interview in the month my number becomes current. Since I’ll be in the middle of my internship in February, it would likely be challenging to return to my country for the interview. Reentering the U.S. after showing immigration intent could potentially jeopardize my student or CPT status. Am I understanding this correctly? So in my case, CP wouldn't be a viable option?
I didn’t say you could *only* interview in that month but you are pretty much stuck with whatever month they schedule you in, which is most likely to be the month you’re current in.
My main concern is that I won’t be able to travel to my home country for the CP process in the middle of my internship, as I’ll be on CPT at that time, and I assume the CP process may take a while. It would make the most sense to handle this after my internship is complete in May. I hope this clarifies things. But as you mentioned, there’s limited flexibility with interview dates for CP, which means I’ll likely need to go with AOS instead.
Typically - assuming no issue with background checks etc - the CP process can expected to take 1-2 weeks, probably allow for 2 to be on the safer side. You’ll need to do the medical in the same country and usually that is done around a week in advance of the interview (but check the local doctor site for their specific information), and assuming all is good with the interview, a few working days to get your passport with visa back. Yes, it may be too long for an intern on CPT to take as leave, depends on your employer. and as said before its unlikely that you’d get to time a CP interview to suit you for after the internship.
Thank you so much .
That process does sound much faster, but I'm not sure how feasible it is considering I'll be in CPT. If I can do it after the internship in May, however, I would definitely go with this option. If anyone has more insight regarding this I would really appreciate it.
Right.. I’m not going to go round in circles repeating myself endlessly.