Tn->gc -> Cp

E

ertes

Registered Users (C)
Finally I got my company convinced to start my GC while on TN thanks to big part members of this board.

Question I have is there any advantage (if at all possible) to do Consular Processing for last stage of GC process instead of AOS?
 
yes it is possible to do consular processing instead of AOS. Simply indicate that you want CP on your I-140 when you submit it to USCIS.

The advantage of indicating CP on the I-140 is that if your I-140 is not approved, you will never have indicated immigrant intent (AOS) and thus will be free to continue renewing your TN. If instead you filed AOS, then the instant that you file AOS you will be unable to renew the TN and unable to re-enter the US on a TN without an advanced parole document.

The approach I used was to file I-140 indicating CP. When I-140 was approved, i went to the border and got a new TN with 365 days till expiry. There were some questions from the border guards about having a TN and an approved I-140, but ultimately then had to let me in as i had never indicated immigrant intent (filed AOS). By the very nature of having to do CP, i had to leave the US so my stay in the US was necessarily temporary.
After I had entered into the US, i decided to file AOS within a few weeks along with AP & EAD. This meant that I had to remain in the US for a max of 90 days until AP & EAD were approved as i had now indicated immigrant intent. This was not an issue because I had a new TN with 365 days to expiry. I got my GC about 40 days later. it was a very smooth process.
 
Very interesting info. Thx.

One other question. I have dual citizenship: Canada and one of the EU countries. Which Consulate I would have to go to if CP is chosen on I140?
 
you will use the US consulate in the country for which you write you are a citizen of on the I-140 form. I would encourage you to use Canada as then you would be going to the US Consulate in Montreal - Much closer and cheaper than any consulate in Europe. Keep in mind that that the consular appointment is set by the State Department and you have no control over when it happens. Generally you get about one month notice of your appointment date.
 
I am a dual citizen Canada and Pakistan, while my wife has Pakistani citizenship. My lawyer is also suggesting to apply for GC using CP. My question here is: Should I apply in Canada or Pakistan as my wife has only Pakistani citizenship. Does it makes any difference?
 
if you want your wife and you to visit the consulate together, then you should apply in Pakistan.
 
Is the name check process different in CP? If so, could it be faster? I posted this question in CP forum and nobody ever replied.
 
CanadianKam said:
Is the name check process different in CP? If so, could it be faster? I posted this question in CP forum and nobody ever replied.
Click to expand...

(I think Instead of the name check), they require police clearance certificates from every country you have lived in so far.
 
There is a name check process with the FBI at the time of the interview. It can take a couple of days. Also the applicant must supply police reports from every place they have ever lived and those records must be no more than 12 months old. This is actually a very time consuming and difficult thing to do if you have moved alot or are from a country with a disorganized police record database.
 
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