Lucy, Need your advice

[tobehard]

I will go back to my home country for DV CP in may. However, according the the USCIS new processing time, the I485 (employment-based) will be also be processed in May.

I wonder if they will conflict each other at this current point?

My concern is that if I go home country to have CP under DV and it happens to be that USCIS also process or approve I485, will it conflict my DV interview result or will I get any trouble when I come back? ( two green cards at the same time allowed? or after I enter US, USCIS will void one of the approval Green card?


I am so worried. I didn't expect that the USCIS will process my case in May, but it seems that they will and by the time I will be in my home country.


Lucy, pls advise me.. so worried!

 

[LucyMO]

it's OK to get a GC through AOS, and then while being a resident already, to get a GC through consular processing. Don't worry. You will become a US resident one way or another.

You cannot have two residences through AOS, though. Or get a residency through CP, and then another one through AOS - because you can't adjust from immigrant to immigrant status.

 

[tobehard]

it's OK to get a GC through AOS, and then while being a resident already, to get a GC through consular processing. Don't worry. You will become a US resident one way or another.

You cannot have two residences through AOS, though. Or get a residency through CP, and then another one through AOS - because you can't adjust from immigrant to immigrant status.

Thanks for replyinh Lucy.

Let me clarify my understanding and questions..


a. If I return to home coutnry to do CP while USISC starts to review my case and approves my AOS case before I return to US, that won't affect the result that I get GC via DV. Rather, the GC will be changed from AOS GC to DV GC ( after I enter US with CP big envelop )? ( USCIS will void the AOS GC after entering US and send me the DV GC to my home ? )

b. If CP is stuck by the admisnitrative processing or denial and if USCIS also happens to approve my case while I am in my homecountry, then I can still enter US with AP ( from AOS employment-based ) and still keep my AOS GC?

c. If the AOS case approves after CP interview, and then I get the DV GC, the AOS GC will be voided once I enter US?

d. If CP is denied, will it affect my AOS case ( still in process )or AOS GC ( result ) ? and will I have problem to enter US with AP?

 

[LucyMO]

a) yes
2) yes. In that case, you should probably contact the consulate and "cancel" the DV GC.
3) that I don't know, so I'll ask.
4) no effect, unless CP is denied for the reason of providing the consular officer with false information.

 

[LucyMO]

here is what I got:

I wonder if they will conflict each other at this current point?

I do not think so.
http://www.murthy.com/Chatdb.asp?Search=&Type=cp&page=4

This info is from a chat with an immigration attny:
It is generally advisable not to file two separate I-485s since it can confuse the USCIS examiner and often result in a personal interview due to the file being very thick for a person. It is best to try and pursue one AOS and one CP case whenever possible.

The case is similar. When the two cases result from different petitions ( AOS versus CP on the same petition) AOS and CP do not conflict with each other.

My concern is that if I go home country to have CP under DV and it happens to be that USCIS also process or approve I485, will it conflict my DV interview result or will I get any trouble when I come back? ( two green cards at the same time allowed? or after I enter US, USCIS will void one of the approval Green card?

They do not conflict. If by the time you enter US with an immigrant visa you have a GC already approved via AOS, they keep your both GCs, and residence since is the earliest one.

I didn't expect that the USCIS will process my case in May, but it seems that they will and by the time I will be in my home country

If you have an AP, there is no problem with that. That is called a deffered inspection.

a. If I return to home country to do CP while USISC starts to review my case and approves my AOS case before I return to US, that won't affect the result that I get GC via DV. Rather, the GC will be changed from AOS GC to DV GC ( after I enter US with CP big envelop )? ( USCIS will void the AOS GC after entering US and send me the DV GC to my home ? )

Your GC will not be changed. Instead, you will have one GC as a status, for both reasons. And the "resident since" date will be the earliest of those two.

b. If CP is stuck by the admisnitrative processing or denial and if USCIS also happens to approve my case while I am in my homecountry, then I can still enter US with AP ( from AOS employment-based ) and still keep my AOS GC?

You will be allowed into US with a deffered inspection. So, you will get GC status at the point of entry.

http://www.murthy.com/chatlogs/chat0604_P.html

Chat User : Hi, Murthy. When one is in India when his I-485 gets approved, can he still use advance parole to re-enter U.S.? What are the options available? Thanks.

Attorney Murthy : Varun, there is a specific INS Memo from June 1999 which I believe touches upon this issue, as well as INS' internal instructions. You would generally be admitted for deferred inspection and be paroled into the U.S. to go to the local INS to get the PP stamped and get the I-89 fingerprinting for the GC, and then have to report back to the airport at a designated time to show them the stamp

c. If the AOS case approves after CP interview, and then I get the DV GC, the AOS GC will be voided once I enter US?

No, it will not be voided. You will have a permanent resident status on both reasons, your plastic card will list the second reason (entry on an immigrant visa) and your residence date will be the earliest of two GCs. Actually, you might even have both plastic cards.

d. If CP is denied, will it affect my AOS case ( still in process )or AOS GC ( result ) ? and will I have problem to enter US with AP?

No problems at all.

 

[tobehard]

Thanks Lucy. you helped me a lot!!!!!!!!!! I am grateful that you found those previous info info for me............! thank you again!