Switch to consular processing after form I-485 has already been filed

If you have applied for an Adjustment of Status (“AOS”) on Form I-485 and need to leave the United States, you can switch to the Consular Processing (“CP”) method to obtain a visa abroad. To change to CP, you must submit Form I-824 to USCIS. Form I-824 is a request for the U.S. Consulate Abroad to be notified of your AOS approval. Follow the instructions on Form I-824 carefully. If you have questions about how to submit this application, you should consult an immigration attorney.

One reason an AOS applicant might want to switch to CP is because AOS sometimes experiences long processing delays. CP is sometimes faster. However, Form I-824 has also sometimes experienced long delays. Therefore, the switch to CP may not be as fast as you thought.

For employment-based OSA, this problem may have less of an effect. The Visa Office recently recommended that all US consular offices accept these types of cases when the beneficiary last resided in the district of that consular office. Even when the beneficiary was not the last resident in the consular office district, the Consulate is strongly advised to accept cases if the applicant faces any kind of difficulty as a result of long processing delays.

To change from AOS to CP, the job applicant must submit three main documents to USCIS: (1) the I-797 Receipt Notice on Form I-140; (2) a copy of the Form I-140 petition; and (3) the Notice of Receipt of Form I-824. In addition, the applicant must present evidence that they will reside in the consular office district for the foreseeable future.

However, there are certain drawbacks to switching from AOS to CP. For example, if the applicant has increased more than 180 days of illegal presence in the US, they must not change from AOS to CP or else they will be subject to the prohibition of returning to the US of 3 or 10 Another drawback is that the applicant’s withdrawal of the AOS application may also have the effect of withdrawing his employment authorization if he has no other means of obtaining employment authorization, such as another type of non-immigrant visa status. .

If you have questions about changing from AOS to CP, you should speak to an immigration attorney. An immigration attorney will be able to analyze your case and advise you accordingly.

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