Whether we need special reason to switch I-485 to Consular Processing?

D

dvdhe

Registered Users (C)
Anyone can tell me whether I need to have some special reason to switch I-485 to Consular Processing?

The CSC I-485 processing time has not moved for nearly 8 months and I would like to do CP right now. But from someone, I got a feeling that we need some hardship reason so that I can switch to CP? Is that true? What can I say to my lawyer (or give some proof) so that I can switch to CP?

Thanks for your suggestions!

Sincerely Yours
David
 
You do not need any special reason to request consular processing.

You will have to file I-824 (costs $140 to file) to convert from AOS to CP. It takes more than 1 year just to approve this application at CSC (CSC is currently processing I-824 submitted in June 2002!). Factor this time before taking any decisions. And you lose all fees paid for AOS and will have to pay $335 per applicant including children for CP.

Once I-824 is approved your I-140 petiiton is sent to NVC for further processing and transmittal to a US consulate. Expect CP interview in 6-9 months after approval of I-824.

The most important thing is that you should have job offer until the date of interview (actually until you enter US as an immigrant).
 
The caveat to the above opinion is..

if your consulate accepts AC140. If your consulate is Mumbai or Delhi, you may file for AC140 with the I824 receipt (some have even done that without the receipt) and then you may need to indicate some hardship which might befall you if you were to wait for either I 485 to be processed or for the I824 to be approved. But even this need for 'hardship' seems to be assumed and seldom questioned these days. So, good luck if you are from Mumbai or Delhi.;)
 
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