Counslar processing or AOS

[sunshines]

Hi everybody,

I kindly need an answer to this question: Which is faster AOS or CP these days.

Situation is: My father filed an I-130 on my behalf (son, over 21) when he was an LPR in 2004. He became US citizen this year and I am in US right now on H1B. I haven't informed NVC or CIS regarding the category change (F2B to F1) or me being in the US.

I would like to know which type of processing (AOS or CP) is faster these days. Also can I opt for both of these processing, whichever comes first (i read somewhere that it is possible, but it doesn't sound rational...so need someone's opinion).

If AOS is faster, then what do I need to do at this time.... can you please highlight the process.
If CP is faster, then what should I do, other than inform NVC of the category change (from F2B to F1).

oh btw, my consulate is Montreal and I haven't heard from them as for them, I am still under F2B category.

Gurus/ experienced member of this forums please shed some light on my queries.

 

[Jackolantern]

The speed of CP depends a lot on the specific consulate.

However, in your case AOS probably would be faster, because the petition was filed when your father was an LPR and now it needs to be upgraded to reflect his new citizenship if you want to pursue CP in the F1 category. That upgrade process can take a lot of time and hassle. Also, if AOS was selected on the I-130, you have to file I-824 to switch it to CP.

But if you file AOS, you don't need any special upgrade process. Just file the I-485 and related paperwork when your F1 PD is current, including a copy of his naturalization certificate with it, and they'll figure out that you're in F1. And you are on H1B, so there is no immigrant intent issue against filing AOS.