Does filing I-824 invalidate your I-485???

Appreciate your suggestion...

What would you do when the very source of confusion is varying views from different attorneys?

Thanks for the link.
 
Let me give you some more background and my perception of the situation (beware! I am not a legal/paralegal professional).

I remember well that INS used to allow CP and AOS without nullifying I-485 if someone later chose CP (via I-824). Many applicants during I-140 would prefer AOS and then go for AC-I140 (attorney certified I-140)/ CP if the consulate allowed (there by avoiding I-824 instead of doing vice versa and then filing I-824). Later, INS issued a memo (as shown in the memo of the link in my preious post) where, in order to reduce processing overheads, they chose to consider I-485 abandoned if I-824 was filed. However, there's a catch: Suppose you filed I-485 for yourself, your wife and kid (if any); and later if you file I-824 for yourself only, then your I-485 would be deemed as abandoned (since you would be doing CP) but your dependents I-485 would continue as AOS.

CP is good only if you/dependent never were in any violation of visa staus, if the job is secure (no AC21 for CP - ridiculous, isn't it? - but it's a grey area as well), and time is saved only if you filed I-485 not long ago (as I-824 itself may take upto 4-6 months depending upon service center). Better be safe than sorry. Everybody's case, circumstances, and appetite for risk taking are different - so evaluate for yourself.

Best wishes,

Jigesh

Disclaimer: Personal non-legal point of view only.
 
Last edited by a moderator:
Originally posted by jigesh
Let me give you some more background and my perception of the situation (beware! I am not a legal/paralegal professional).

I remember well that INS used to allow CP and AOS without nullifying I-485 if someone later chose CP (via I-824). Many applicants during I-140 would prefer AOS and then go for AC-I140 (attorney certified I-140)/ CP if the consulate allowed (there by avoiding I-824 instead of doing vice versa and then filing I-824). Later, INS issued a memo (as shown in the memo of the link in my preious post) where, in order to reduce processing overheads, they chose to consider I-485 abandoned if I-824 was filed. However, there's a catch: Suppose you filed I-485 for yourself, your wife and kid (if any); and later if you file I-824 for yourself only, then your I-485 would be deemed as abandoned (since you would be doing CP) but your dependents I-485 would continue as AOS.

CP is good only if you/dependent never were in any violation of visa staus, if the job is secure (no AC21 for CP - ridiculous, isn't it? - but it's a grey area as well), and time is saved only if you filed I-485 not long ago (as I-824 itself may take upto 4-6 months depending upon service center). Better be safe than sorry. Everybody's case, circumstances, and appetite for risk taking are different - so evaluate for yourself.

Best wishes,

Jigesh

Disclaimer: Personal non-legal point of view only.
Click to expand...

Good answer, I'm copying this to I-485 FAQ forum.
 
Question - 5 from the AILA meeting minutes - also reproduced below:


5. Does the State Department have any policy against dual processing of immigrant cases using both adjustment and consular procedures?

IV5 While the State Department has not developed a policy regarding dual processing, we respect the INS policy concerning dual processing. INS' memorandum of August 8, 2000 "Prohibition on Concurrent Pursuit of Adjustment of Status and Consular Processing" prohibits dual processing as an inefficient use of INS resources. Dual processing also runs the risk of allocating more than one visa number to the same immigrant. Under these INS guidelines, if a beneficiary with a pending I-485 adjustment request files an I-824 for overseas processing, the INS will treat the I-824 as a request to withdraw the I-485. INS will terminate the I-485 unless the beneficiary withdraws the I-824.

As INS controls this part of the IV process, we defer to INS on this policy and regard it as binding on the Department of State.
 
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