Case Routed Mistakenly to Consular Processing Instead of AoS

[SamKhouly 2]

Hello guys,

 

I have an approved I-130 with priority date Dec. 2015 category F2B. I am on a student visa/I-20 through 2015 until now. My priority date is coming current on June,. I was preparing to file AoS I-485, I received an email to fill in DS-xx electronically for consular processing. I am inside USA legally, what should I do? 

[geowrian 22,335]

Not sure if it was a mistake or not...depends on what was filled out on the I-130.

 

Doesn't matter, though...if you become eligible to file for AOS and are still in status at the time (see https://www.uscis.gov/visabulletininfo), you can just file for AOS normally. USCIS will retrieve the I-130 from NVC when they are ready for it. Nothing needs to be done at NVC.

If you will fall out of status, or was ever out of status, then you would be ineligible to file for AOS and would have to complete processing abroad.

[SamKhouly 2]

Hello Geowrian,

Thanks for your response.

I didn't fall out of status the whole time. My physical/mailing address in I-130 was inside USA. In your opinion,  what might have triggered consular processing and not AoS?

I will proceed with filing AoS.

[geowrian 22,335]

1 hour ago, SamKhouly said:

I didn't fall out of status the whole time. My physical/mailing address in I-130 was inside USA. In your opinion,  what might have triggered consular processing and not AoS?

I will proceed with filing AoS.

Sounds good - you can AOS then.

 

Whether the case is consular processing or AOS is not based upon your address. It is based upon the answer to the question of where you will interview.

On the current I-130 (https://www.uscis.gov/sites/default/files/files/form/i-130.pdf), this is Part 4, questions 61 and 62.

For AOS, they would have answered "The beneficiary is in the United States and will apply for adjustment of status to that of a lawful permanent resident at the U.S. Citizenship and Immigration Services (USCIS) office in"

For consular processing, they would have answered "The beneficiary will not apply for adjustment of status in the United States, but he or she will apply for an immigrant visa abroad at the U.S. Embassy or U.S. Consulate in:"

[NYUer 5]

I have a question with respect to consular processing. If I am here in America and waiting for my AOS, can I switch to consular processing? I have already a work permit but no legal status on any other visa.