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

Discussion in 'Frequently Asked Questions – I-485 FAQ' started by WaitinginQ, Oct 29, 2003.

  1. WaitinginQ

    WaitinginQ Registered Users (C)

  2. jigesh

    jigesh Registered Users (C)

    When in doubt, better to ask your attorney.

    Check paragraph (2) here.
     
  3. WaitinginQ

    WaitinginQ Registered Users (C)

    Appreciate your suggestion...

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

    Thanks for the link.
     
  4. jigesh

    jigesh Registered Users (C)

    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: Oct 29, 2003
  5. ar888

    ar888 Registered Users (C)

    Good answer, I'm copying this to I-485 FAQ forum.
     

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