Consular Processing I140 application

[drI140]

Hi Guys,
In reviewing previous posts it becomes apparent that AOS is preferable to Consular processing. Just wanted to know if anyone in this forum had a very bad experience with Consular processing or had permanent visa refused at the consulate for whatever reason. I have and outstanding ability I140 approved and I am ambivalent about AOS or CP. Would really appreciate positive or negative feedback with consular processing in India (Delhi especially).

 

[hadron]

CP is the better option if you are from a country that doesn't have a lot of emigration to the US. If you don't have a long wait for the interview, it can be much faster than AOS. The downside of CP is that you don't get benefits like EADs (which can be useful if you have a couple of jobs/moonlight gigs).

The guys in india seem to be harda$$es and sticklers. For example you need to bring a police certificate instead of the FBI background check with AOS. Depending on where you are from, the consulate can give you grief that the form you bring is not from the right authority etc. So if you are from india, it might be advisable to stick with AOS.

 

[J1victim]

I-140 for CP/AOS?

... In reviewing previous posts it becomes apparent that AOS is preferable to Consular processing. Just wanted to know if anyone in this forum had a very bad experience with Consular processing or had permanent visa refused at the consulate for whatever reason. I have and outstanding ability I140 approved and I am ambivalent about AOS or CP. Would really appreciate positive or negative feedback with consular processing in India (Delhi especially).

.... The guys in india seem to be harda$$es and sticklers. For example you need to bring a police certificate instead of the FBI background check with AOS. Depending on where you are from, the consulate can give you grief that the form you bring is not from the right authority etc. So if you are from india, it might be advisable to stick with AOS. )

CP interview for physicians is not problematic. As physicians, we are the only immigrants who have been repeatedly checked at each stage of our career in the US - ECFMG/residency/state license/Jvisa/Jwaiver/H1visa/hospital privileges/insurance company credentialing etc etc. so our records are already verified and we tend not to get ourselves into trouble.

for the IT/engineering guys whose sponsoring company may be a doubtful organisation, there may be hassles.
(and also if your name happens to be something like ...*O.B.L.* .. you may have probs).

CP is a very smooth process if you have all the paperwork in order. There is a risk that CP may be denied (but if a physician is ineligible for CP, then he/she is ineligible for AOS also and he will be deported). ofcourse i have heard attorneys say that you may file an appeal if AOS is denied (and you stay in the US).
But, if you have maintained status in the US, have never had any brush with law (even DWI/shoplifting is a problem) and are not involved in any subversive activities, then there is nothing to fear.
The police certificate, that Hadron is talking about, you get from indian embassy in the US and is very easy to get . only it takes 2-6 weeks.

I just went for CP interview at Delhi 3 months back. It was a smooth process and everything worked out well.

you will have to decide about the time difference between CP and AOS versus benefit of EAD for your spouse (if you have one).
.

 

[hadron]

One thing to consider: If your spouse was not born in india, it might be a good idea to go with CP, and here is why:

As you might have heard, there are no visa numbers available for immigrants born in india and china at this time. If your spouse is NOT born in india, you can get a visa number through consular processing because the 'foreign affairs manual' allows 'cross-charging' of the visa number from the non-retrogressed spouse. If you deal with USCIS, getting the cross-chargeability seems to be hit or miss (some processing centers do it, some don't, mondays they do it, tuesdays they don't.)

In the eyes of DOS/USCIS CP is the 'normal' process. You want to immigrate, you go to the consulate, you get a visa. If you use AOS, you are already here when you try to change from non-immigrant to immigrant. Overall, the AOS process is geared towards finding reasons NOT to let you stay here.

If you do AOS as an employment based candidate, in 90% of cases you don't have to go for an interview (you do however have to go multiple times for 'fingerprints' 'biometrics' 'biometrics for EAD', 'more biometrics', 'code 3'). It is a fairly cryptic process and at times, peoples cases disappear into a gigantic crack in the time-space continuum and nothing happens for a long long time.

If you have the choice, CP is probably the smoother option. As noted, you have to be fairly sure that all your status changes (for you and your dependents) went well EVERY time.

 

[drI140]

Consular processing

Thanx Hadron and J1 victim for your thoughts.

1) A followup question -my wife has a birth certificate which only gives the date of birth and name of the parents-we are planning to get an affidavit made from her mother and another one from her aunt certifying her birthdate-are there any other alternatives? Is this deficiency a big one to be refused a permanent visa.


2) Do you know approx what percentage of people are actually turned down for GC at the time of the interview (even though the success rate is high for physicians)-do u know of doctors being turned down?

3) Another question for J1 victim-how many days are required for the medical examination in Delhi-are most of the reports and stuff done within 24-48 hours and what charges are we looking at for me and my wife.

Again, Hadron and J1 victim thanx a lot for your support to this site and the countless people you have helped

 

[hadron]

> 1) A followup question -my wife has a birth certificate which only gives
> the date of birth and name of the parents-

So it doesn't give the name of the child ?

If the birth certificate doesn't fulfill their requirements, you can A. get a duplicate made at your wifes place of birth (don't know how that works administratively in india). In all likelihood they would be able to issue a duplicate with the correct name on it. B. Provide affidavits of birth, it might have to be at least 1 non-family member attesting to her birth.

> Is this deficiency a big one to be refused a permanent visa.

I don't know how it is in the CP process. In the AOS process they typically send an RFE telling you how to overcome a insufficient or missing birth certificate (usually by affidavits of birth)

> 2) Do you know approx what percentage of people are actually
> turned down for GC at the time of the interview

The optimist in me would say: If you have all your ducks in a row: 0

But unfortunately there are knowns and unknowns, and then there are unknown unknowns and then there is the USCIS !
If you read somewhere else that someone would be turned down for a f#_*ing J1 visa, just because some computer without further explanation says 'ineligible', you can get kind of scared.


Talk to an immigration attorney about this. There are some advantages to AOS (mainly more fees for the shyster), so weigh your options carefully.

 

[J1victim]

I-140 CP Vs AOS - questions on DOB cert...

> A followup question -my wife has a birth certificate which only gives the date of birth and name of the parents-

So it doesn't give the name of the child ?

>>>> Yes, it is possible. many DOB certificates may have only name of father, date of birth and male/female baby written. but it's NOT a problem!

for USCIS purposes: u need a DOB certificate that has ALL of these:
* father's name
* mother's name
* baby's name, sex
* date of birth

- if DOB cert is N/A, then u need secondary evidence of DOB:
statement from local municipality that DOB cert is N/A (copy will be taken by USCIS after checking the original) + your Grade X cert that has DOB (copy taken after checking original) + affidavits from 2 parents/relatives (originals)
- if incomplete DOB is available, then u need
incomplete DOB cert (copy taken by USCIS after checking original) + affidavits from 2 parents/relatives (originals)

If the birth certificate doesn't fulfill their requirements, you can A. get a duplicate made at your wifes place of birth (don't know how that works administratively in india). In all likelihood they would be able to issue a duplicate with the correct name on it.

>>>>> not that easy. u need affidavits from both parents sworn before a 1st class magistrate (not a notary), then submit them to the local municipality and then the municipality will issue the corrected DOB certificate.

Provide affidavits of birth, it might have to be at least 1 non-family member attesting to her birth.

No. Both parents or 1 parent + 1 older brother/sister atleast 10 years older or 1 parent + 1 uncle/aunt or 2 uncles/aunts etc.
see explanation above.

Is this deficiency a big one to be refused a permanent visa.

I don't know how it is in the CP process. In the AOS process they typically send an RFE telling you how to overcome a insufficient or missing birth certificate (usually by affidavits of birth)

not a big isue. happens all the time

Do you know approx what percentage of people are actually
turned down for GC at the time of the interview

The optimist in me would say: If you have all your ducks in a row: 0

But unfortunately there are knowns and unknowns, and then there are unknown unknowns and then there is the USCIS !
If you read somewhere else that someone would be turned down for a f#_*ing J1 visa, just because some computer without further explanation says 'ineligible', you can get kind of scared.

agreed.

Talk to an immigration attorney about this. There are some advantages to AOS (mainly more fees for the shyster), so weigh your options carefully.

main thing is to decide about the time due to Retrogression Vs EAD for spouse.
.

 

[lalalala]

hi J1 victim

glad to hear that your CP worked well in delhi, there is this stupid question in my mind with regard to CP. now that the retrogression has hit and i am from india , and i have parellel processing going on in NIW/140/485 and Labor jammed in BEC , if my labor gets cleared soon( very unlikely) can i file for 140/CP through my labor ( even before my three years of waiver are not over .

2. more importantly will immigration authority open and work on my CP even if its retrogression ( even if the final approval will come the numbers are available) or they will not even open the CP file /or i can"t file for CP till retro is over
3.does 1140 need to be approved before filing CP