Chennai Consular processing/ Adjustment of Status ; How safe is it?

O

oxygenman

Registered Users (C)
Hi Guys
I just got my I-140 approved at NSC in the EB2 category.
I have a Master\'s degree from the US and do work in the same field as my Masters, never been out of status etc.. I have 1 year and 8 months remaining on my H-1. MY PD is current. All this is pointing me to go for CP. But Chennai still being a consulate in India and seeing how they treat people who apply for visas(immigrant/non-immigrant), can somebody post some recent experiences of their interviews there.
I am trying to play safe and go for adjustment of status but CP seems to be very tempting.

Thanks
Madhu
 
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You should do CP in Chennai . We had the most pleasant experience , almost textbook precision. Everything happens in sequence and in timely manner . Look at Chennai tracker , or the CP experiences . No one has been disappointed if their paperwork is clear . You can do everything yourself instead of depending on Attorney . You just need employer to give letter of employment , notarized . Rest of the forms etc. are easy and take up very little time. The consular officers treat you fairly , unlike some experiences here in US.

Sri
 
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Please consider the following three facts:
1. The denial rate for Adjustment of Status cases is on average 25 *times* higher than denial rates for Consular Processing.
2. When you apply for an immigrant visa based on an approved I-140 there is *no provision* in the law to allow the consular officer to deny you a visa if your papers are in order. They do not have the broad discretion they have in non-immigrant cases to decide on their own whether to grant the visa or not.
3. If your AOS is denied, you will be put into removal proceedings. Your H status will be cancelled and you will have to leave the country.

So on what bases do people believe that AOS is "safer"? Mostly on lack of information and myths propogated by uninformed people. People often confuse their experiences with getting an F1 or H1 with getting an IV. Remember that if your I-140 has been approved, the decision to let you immigrate has already been made. The visa interview is just a formality to see that your papers are in order, and like the other poster said, it\'s a smooth ride. The only reason your visa may be denied is if you have a fraudulent case or if you don\'t have the proper documents - even in the latter case you will be given the opportunity to come back with the right documents and then your visa will be approved.
The other misconception people have is that with AOS you\'re still in the country if you\'re denied so you\'re safe. Well it\'s not like the INS officer is going to just say "oh, we can\'t give you a GC but you can continue staying on your H1. Have a nice day" - your AOS (like CP) can be denied for fraudulent papers or if you\'ve ever been out of status or for lack of documents. Except in the latter case, you will be immediately out of status and will have to leave the country.

So please, go ahead and do CP without any worries. The only thing you might want to check is that some consulates (possibly yours) don\'t like attorney-certified I-140s and prefer to get the papers from NVC (done by your filing I-824). Otherwise it\'s easy.

Hope that answers your concerns. Good luck.

Sam
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This is a personal opinion only. I am not a lawyer and this message should not be construed as legal advice.
 
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Sam:
Thanks for a most informative analysis. Can you please let me know where you got the first information from (i.e. AOS rejection is 25 times higher than CP). Just curious.
Thanks
 
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