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Is it possible to change I-485 to CP
- Thread starter skl2003
- Start date
BPBJHL042002
Registered Users (C)
One of my friend who did CP - all I know is his RD is Oct 2002 got his approval in June and his plastic card came end of July. Now that's one fast puppy.
Sankrityayan
Registered Users (C)
"....his RD is Oct 2002 got his approval in June and his plastic card came end of July...."
Well, fortune favors the brave.. I am not at all surprised that CP in the worst times is faster than AOS, although it lacks the recourse to appeal that is available to AOS applicants already in the country. Congress does not play around with the department of state as it seems to do with the INS.
Most of us around these forums have been wimpy when it came to choosing between CP and AOS. Most lawyers will advise their clients to opt for AOS on the premise that physical presence in the US endows a higher threshold of due process, in contrast to an appeal of a negative administrative decision at a consular post. One should, however, be somewhat sceptical of this advice because of the clear conflict of interest that arises here. AOS typically takes much longer, which usually means larger fees for the lawyer as there are more steps to the process with many more forms to be filled up like EAD/AP applications, renewals, address change notifications etc.
So, it seems that we have knowingly (and willingly) signed up to the costs inherent to timidity when we chose AOS over CP.
Well, fortune favors the brave.. I am not at all surprised that CP in the worst times is faster than AOS, although it lacks the recourse to appeal that is available to AOS applicants already in the country. Congress does not play around with the department of state as it seems to do with the INS.
Most of us around these forums have been wimpy when it came to choosing between CP and AOS. Most lawyers will advise their clients to opt for AOS on the premise that physical presence in the US endows a higher threshold of due process, in contrast to an appeal of a negative administrative decision at a consular post. One should, however, be somewhat sceptical of this advice because of the clear conflict of interest that arises here. AOS typically takes much longer, which usually means larger fees for the lawyer as there are more steps to the process with many more forms to be filled up like EAD/AP applications, renewals, address change notifications etc.
So, it seems that we have knowingly (and willingly) signed up to the costs inherent to timidity when we chose AOS over CP.
You don’t have to withdraw 485 if you file for 824. I personally filed both. Nothing happened in my case. Definitely CP is much faster than AOS. But for AOS, you can ask for judicial review if your case gets rejected for some reason. There is no such pportunity for CP.
Last edited by a moderator:
Sankrityayan
Registered Users (C)
I am no lawyer (and even lawyers seem to have differing opinions on this), but there is a belief that the INS will treat the I-485 as having been abandoned if an applicant files I-824. You may be able to find more on this issue if you search the archives of immigration.com