CP vs 485 if your date becomes current?

[posmd]

Here is a question.

If your date were to become current today (assuming your PD is 2001/2/3 since those later are not currently even in the frame) would you file for 485 so you can get the EAD/AP benefits or just go for the CP and hopefully get it all over with faster.

I know each person has their own circumstances, but just wondered what most people would do.

 

[BrainDrain]

My lawyer once said that one has a better chance to appeal ( if something goes wrong with I 485 ) if already in the US and as such consular processing may be risky. Though they are company paid lawyers hence I dont know if thats a genuine opinion.

Here is a question.

If your date were to become current today (assuming your PD is 2001/2/3 since those later are not currently even in the frame) would you file for 485 so you can get the EAD/AP benefits or just go for the CP and hopefully get it all over with faster.

I know each person has their own circumstances, but just wondered what most people would do.

 

[prashanthk]

My lawyer once said that one has a better chance to appeal ( if something goes wrong with I 485 ) if already in the US and as such consular processing may be risky. Though they are company paid lawyers hence I dont know if thats a genuine opinion.

I went for I-485 for the same reason but on hindsight, I would have gone with CP since it is(was) a lot quicker. I-485 processing took over 2 years(2002-2004) while CP was taking 4-8 months. In my opinion, for most people who have kept legal status all the time, CP does not pose a risk.

While CP can be quick, the drawback, I see with CP is all applicants will have to travel to their home country at a short notice for an interview. The advantage with I-485 is, dependents get EAD and can work.