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CP option

anaorti

Registered Users (C)
ok, after reading most of the posts here I think I'm gonna try to change from AOS to CP. I'm currently in USA and I wouldnt like to spend to much time abroad for the interview process. My questions:

- Can I do the medical examinations here and take them to my country for the interview?
- Right after the interview do they give me a temporal green card?

Thank you
 
ok, after reading most of the posts here I think I'm gonna try to change from AOS to CP. I'm currently in USA and I wouldnt like to spend to much time abroad for the interview process. My questions:

According what you said, I am not sure which one you are going to choose. I assume what you meant was you are going to do CP rather than AOS.

- Can I do the medical examinations here and take them to my country for the interview?

No, you will have to perform the medical examination at any of the hospital KCC list for you in your country.

- Right after the interview do they give me a temporal green card?
As far as i read from this forum, you will receive a stamp, as your temp green card, on your passport after you successfully pass your interview.
 
when you go through a consular interview, you get an immigrant visa. Upon entering the States with it, it gets endorsed by an immigration officer and you become a permanent resident.
 
hi all, i need immediate help on my AOS application.
i'm a DV-2007 lottery winner. my case number is 2007EU****900*.
we've applied on Jan 10th 2007. since then we've completed everything, fingerprints, name checks, interview, etc. everything was fine till we've received a notice of intent to deny AOS letter from USCIS this saturday. they say, because my husband didn't work during his OPT, he became unlawful, so they can't adjust our status. they ask any opposing documents. if our opposing won't accepted they will deny our AOS. they say, if it's denied, we may go with CP.
now here's the statistics. my husband finished his master's degree, then started OPT on february 1st,2006. he tried to find a job, but couldn't find one. we have nearly 200 email documents regarding his job search. we have job website's account informations, like monster, careerbuilder, we have resumes, cover letters, etc. these alone prove that he has been seeking jobs. according to our immigration student officer, he wouldn't be illegal if he couldn't find a job, but he need to seek a job. i've searched the internet and all school web sites are saying the same thing. while on OPT you're legal and lawful.
the OPT ended on January 31st 2007 and after that you have 60 days grace period. we've applied for AOS on January 10th 2007, so that's before OPT expiration. according to our search, we never became illegal.
NOW,
1. do you think we can prove our case to uscis
2. if we get denied despite this, can we go through CP, and get the green card in our country?
3. if we go through CP, do you think they will deny it too because of our AOS case?
4. do you think it's too too late for doing CP. we have about 3.5 months.

thanks so much. i'll be waiting for your responses.
 
you are absolutely right - he needed to be actively looking for a job to stay in status.

I am sure you can find the law pertaining to F-1 OPT (perhaps, with the help of your International center) where it specifically says - "actively looking". Get an infopass appointment, and take the printouts with you.

Send the printout and copies of anything that relates to him "actively searching for a job" in response to the letter of intent to deny.

2. if we get denied despite this, can we go through CP, and get the green card in our country?
I do believe you can, but if the USCIS officer (mistakenly) determines that your husband has been out of status since such and such date, and if more than 180 days pass from that day, you may accumulate illegal presence and not be eligible to get an immigrant visa.

Hmmm, I don't know how to proceed in your case. But in any case, you should be eligible for an immigrant visa...
 
hi,
thanks for your message. since my last message, one of the lawyers called us. this was the lawyer our student imm. officer recommended and said he's a very good lawyer. the lawyer said that we're right and told me to immediately get an appointment. they have a second office just a couple streets below our USCIS office, and the lawyer there is great in these student related cases. we got an appointment for next tuesday June 19th.
after that another lawyer responded via emai. this one is Turkish like us, we've written him an email and wanted his advice. he told us the same thing that we're right and he could write a letter to the USCIS and the problem would be solved %90. then when i've told him about other lawyers, he told me that he knows them very good, that they're close friends and they were together at a meeting just last week :D he said he trust them and the one near USCIS knows these issues very well. he just emailed me and told me that he can work with them as co-counsel, so that we can get both of their help on this.
i feel like this nightmare is gonna end :D we're gonna go and see the lawyer near USCIS and then we're gonna decide. i hope this weekend goes fast :D
 
Just FYI -
Read the suggestions in Breaking News/updates section www.immigration-law.com on using consular processing option and see if the suggestions are applicable to you.

ok, after reading most of the posts here I think I'm gonna try to change from AOS to CP. I'm currently in USA and I wouldnt like to spend to much time abroad for the interview process. My questions:

- Can I do the medical examinations here and take them to my country for the interview?
- Right after the interview do they give me a temporal green card?

Thank you
 
Thanks Gcinthislife,
I've Checked The Website's News, I Couldn't Find Something Relating To Me. But I've Read That The New Fee For Aos (i-485) After July 2007 Is $930 !!!!!!! And The New Fee For Ead (i-765) Is $340!!!!!
 
the I-485 fee (1,010) includes fees for EAD, fingerprinting and advance parole. Read the bottom of the new fees notice.
 
I was referring to risks in consular processing with retrogression as suggested in www.immigration-law.com
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06/15/2007: July EB-2 and EB-3 Visa Numbers Open and Consular Processing

* The State Department states that they allocated a large number of EB-2 and EB-3 visas because of the USCIS I-140 and I-485 backlogs and because if the visa numbers are not used before the end of the fiscal years, some of them can be wasted. Assuming that the USCIS may continue their current processing times and backlogs in I-140 and I-485, the EB-2 and EB-3 may continue to remain current. However, it is just a speculation and risky to rely on such speculation when one handles his/her immigrant status.
* In time like this, the consular immigrant visa application is very risky for the two reasons. For instance, if the EB-2 or EB-3 numbers face a cut-off date again in August or September, unless their immigrant visa is "actually" issued and they enter the U.S. before the retrogression, they will be stuck abroad. For those who are currently residing in the U.S. and intend to apply for the immigrant visa through the consulates rather than adjustment of status through the USCIS, a similar risk will prevail, but unlike the those who are residing abroad, they will be able to extend the H-1B extension under AC 21 Act pending the visa number availability. In this regard, their risk is less but still high in that since they did not submit I-485, they will not be able to take advantage of obtaining EAD and Advancer Parole, not to mention AC 21 portability of the approved I-140 petition for change of employment. All in all, the consular immigrant visa application is not recommended when the future of the visa numbers remains unpredictable.
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