I-485 or consular process

R

Rojas

New Member
Hi,

I am a Canadian registered nurse working under TN status in Massachusetts. My lawyer is about to file I-140 papers to begin my green card process. Initially, he was recommending adjustment of status as the way to go (which i think is form I-485), but he's now suggesting going through consular process instead, thinking it to be the safer route. A friend of mine in New Orleans, a Canadian nurse who was working with TN status, never left the country for her filing, so I assume her lawyer did things through adjustment of status (she's not sure). She also says that she never had an actual interview.

I'm confused, and I fear that if i go the consular process route then I'm at risk of not getting back into the country due to 'immigrant intent'. Looking for some suggestions as to the best way to go here.

Thanks.
 
thanks curious. unfortunately, i still can't decide which route to take. although i don't know anyone who's been denied, i also don't know anyone who's taken the consular process route, which my lawyer is suggesting i take. oh boy. if you find out anything new that might make my decision easier, i would love to hear it.
 
The consular route is more work on your part. You'll have to take time off to get a medical done and get the RCMP check done before the interview, and also for the interview itself.

If your spouse does not have a staus that allows her/him to work then while the I-485 is pending, then (s)he can apply for an EAD. This is not an option in the consular process.

If there are any problems whatsoever, during the consular process, the office may give you a day to get the required paperwork, and if you don't ge the papers in that timeframe your case would be dead, or he could just deny you on the spot without any oportunity for recourse. In the I-485 process, you havea greater chance that you can apeal the descision by filing a motion to reopen.

Other than that, the process is for PERM, and the I-140 are essentially the same. In both cases you would be required to wait for your priority date if visa numbers are not current, and in both cases you could end up in hell waiting for your name check to get approved by the FBI. And since I-485 processing is so quick thee days (once you priority date IS current), the time advantage with doing consular processing is negligable.

Consular processing may end up costing you more, since you will have to travel, and depending on how many dependants you have, this can costly wuite quick. While if you are alone, the I-485 is probably costlier for paying the lawyer fees.

As for the dual intent issue, once your I-140 is filed, you could have problems crossing the border with either the adjustment of status route, or the consular proessing route. It all depends on which idiot officer you get at the border.

If it was the year 2000 I would recommend consular processing, since the I-485 wait time was over 3 years at 1 point, but now its around 6 months, while consular processing has always been around 6 months (after the I-140 is approved of course) and the real bottle necks remain the name check and the visa availability, which you could run into with either path.

I know people that have taken either route. They are all approved, and never had dual intent issues at the border. Five years ago, consular processing had a huge advantage, not so much these days.
 
Last edited by a moderator:
curiousGeorge said:
If it was the year 2000 I would recommend consular processing, since the I-485 wait time was over 3 years at 1 point, but now its around 6 months, while consular processing has always been around 6 months (after the I-140 is approved of course) and the real bottle necks remain the name check and the visa availability, which you could run into with either path.
Click to expand...

Don't forget as well that the I-485 route gives you AC21 protections, which CP does not. If there is any uncertainty about your job prospects this is a benefit that cannot be underestimated. Lose your job a week before the interview, and you will be starting from scratch.
 
my recomendation for someone on a TN is to file the I-140 indicating consular processing. This will allow you to leave and enter the country on your TN while the I-140 is pending. Then when the I-140 is approved, immediately file I-485 (adjustment of status), which will automatically abandon the consular processing request.

The reason for this tactic is that if you were to file the I-140 with the I-485 together AND for some reason your I-140 was denied, you would not be able to continue working on the TN as you will have expressed immigrant intent. In fact you probably would have a very hard time EVER getting a TN again.
 
Gunt,
I agree that concurrent processing can be problematic for a person in TN status. Unfortunately, due to the priority dates, most people can't even file concurrently, so your point is moot anyways. The other option is to file the I-140, and when its approved, then file the I-485.
 
The poster is a Registered Nurse so will be applying under Schedule A Nurse I-140. I think that catagory is not in retrogression.
 
TN to GC as well, need help!

Hi,
I'm new to this forum and I've been reading a lot of the postings particularly for Canadians getting GC without going through H1. Thanks for all the postings coz its really helped me a lot in understanding the process or else I'd be goin crazy!

Anyways, my situation is similar to most, I'm on TN and just got my Labor Cert
approved last 12/2006 for EB2 (birth country: Philippines). I want to start my I-140 processing but lawyer handling my case advises me to do I-140 with consular processing. I'm worried about going through this process coz I've had some bad experiences with border officers whenever I apply for a new TN that left me anxious and panic whenever I go through immigration when I travel. I've read the pros and cons of consular processing vs. AOS from this forum (thanks curiousGeorge!) ... and I'm still undecided...I just renewed my TN so its good for another year and 2 mos ( I got my new TN and still have 2 mos. left on previous one)...

I know there's premium processing as well for I-140 so I can take advantage of that as well. Is goin through AOS the safest route? I just don't want to lose my ability to get TNs in the future.

I appreciate any help!

Thanks!
 
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