mango_pickle
Registered Users (C)
My next question to attorney : I thought AOS still remains valid with AC140.
Attorney Answer :
It use to be that way, but no longer.
Attorney Answer :
It use to be that way, but no longer.
What about changing to CP now?
- Thread starter anand pandey
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anand pandey
Registered Users (C)
Reply from my attorney
"
I never recommend consular processing for anyone. The main reason is because if something goes wrong at the consulate, e.g., if the consulate denies your application, there is no way to appeal the process. By processing through adjustment of status in the U.S., if something goes wrong, I can at least file an appeal assuming there is good reasons to file an appeal.
As you probably know, the security checks, delays, etc. are increasing at the consulates. Even for just nonimmigrant visas (like H-1B), all Embassies and Consulates are required to perform an in-person interview unless the person falls in certain categories. Not many people fall into those categories.
My advice is to just keep on waiting. I do not recommend consular processing because of the inherent risks. If you want to pursue such an action, you will probably have to hire your own attorney to assist you in that process because I have not processed anyone through the consulate in a few years and because I think the risk is too high right now. "
"
I never recommend consular processing for anyone. The main reason is because if something goes wrong at the consulate, e.g., if the consulate denies your application, there is no way to appeal the process. By processing through adjustment of status in the U.S., if something goes wrong, I can at least file an appeal assuming there is good reasons to file an appeal.
As you probably know, the security checks, delays, etc. are increasing at the consulates. Even for just nonimmigrant visas (like H-1B), all Embassies and Consulates are required to perform an in-person interview unless the person falls in certain categories. Not many people fall into those categories.
My advice is to just keep on waiting. I do not recommend consular processing because of the inherent risks. If you want to pursue such an action, you will probably have to hire your own attorney to assist you in that process because I have not processed anyone through the consulate in a few years and because I think the risk is too high right now. "
brokenarrow
Registered Users (C)
Your Lawyer is right.
It used to be that you could apply both CP and AOS. But recently they amended that. So if you go the CP route, then 485 is abandoned. That means no EAD/AP anything that goes with it. Changing from one to another in mid-waters is purely suicidal. I talked to my lawyer about this long ago ....................
It used to be that you could apply both CP and AOS. But recently they amended that. So if you go the CP route, then 485 is abandoned. That means no EAD/AP anything that goes with it. Changing from one to another in mid-waters is purely suicidal. I talked to my lawyer about this long ago ....................