PR application while on student visa

[Boiler 43,689]

9 minutes ago, markordj said:

I see your point but he also told them that he's interested to process the next steps here if possible instead of interview in Indonesia. I thought they would recommend a next step instead of keeping him waiting

That is what Immigration Lawyers do

[SalishSea 16,851]

11 minutes ago, markordj said:

I see your point but he also told them that he's interested to process the next steps here if possible instead of interview in Indonesia. I thought they would recommend a next step instead of keeping him waiting

That’s where you’re wrong.   They don’t give out immigration advice or tips.

[Crazy Cat 39,577]

16 minutes ago, markordj said:

I thought they would recommend a next step instead of keeping him waiting

It's a lot more complicated than them "keeping him waiting".  The consular process (interview in Indonesia) will result in his getting an immigrant visa.  He will become a Green card holder immediately when he enters the US with that visa.  Adjustment of Status, on the other hand, will require him to submit an I-485, an I-131, and an I-765.  He will then have to wait months and months to receive a Green card.  Unless otherwise authorized, he will not be able to work until he receives an approved Employment Authorization Document.  That could take as long as 8 months.  In addition, he will not be able to leave the US without approved advance parole. 

 

As you can see, there is a huge difference between consular processing interview and adjustment of status.   He should discuss all this with his attorney.

 

Edited July 1, 2023 by Crazy Cat

[Boiler 43,689]

6 minutes ago, markordj said:

Looks like that's i485. Will filing this be like a brand new application or a continuation of the same application? Would using i485 delay him a lot in getting the pr instead of just interview in Indonesia?

That is possible

[markordj 0]

4 hours ago, Crazy Cat said:

It's the way I would proceed if his priority date is current.  

His Priority Date is 09/27/16

[appleblossom 1,435]

18 minutes ago, markordj said:

His Priority Date is 09/27/16

OK, so there's no 'next step' yet, as there's no visa available for him anyway, his PD isn't current. He just needs to sit tight and wait but it'll be at least another year as a rough guess. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-july-2023.html

 

And from what you've said he's applied via consular processing, so should expect to be interviewed at his home country consulate when it is current. 

Edited July 1, 2023 by appleblossom

[Boiler 43,689]

Could file to adjust now

[markordj 0]

28 minutes ago, Boiler said:

Could file to adjust now

Does doing this affect his current application in any way or they're completely separate?

[Boiler 43,689]

They are connected 

[markordj 0]

57 minutes ago, Boiler said:

They are connected 

So can't dual path it?

[markordj 0]

2 hours ago, appleblossom said:

OK, so there's no 'next step' yet, as there's no visa available for him anyway, his PD isn't current. He just needs to sit tight and wait but it'll be at least another year as a rough guess. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-july-2023.html

 

And from what you've said he's applied via consular processing, so should expect to be interviewed at his home country consulate when it is current. 

Hasnt his PD already passed for F2A?

[appleblossom 1,435]

19 minutes ago, markordj said:

Hasnt his PD already passed for F2A?

You said he’s 34? So he’s F2B, not F2A. 

[markordj 0]

1 hour ago, appleblossom said:

You said he’s 34? So he’s F2B, not F2A. 

 

1 hour ago, appleblossom said:

You said he’s 34? So he’s F2B, not F2A. 

I see, F2B that's correct

[Boiler 43,689]

1 hour ago, markordj said:

So can't dual path it?

Hmm, they could but I would not recommend doing so, switching back and forth will both cost and confuse them, confusing them is not a good idea.

[markordj 0]

So he is currently in the US with a student visa. He just graduated and his student visa will expire on August 9th. The letter that he received from NVC said don't make any travel plans until interview schedule is confirmed. Based on his Priority Date (sept '16), it will be roughly another year until he's processed (currently processing sept '15). Any thoughts on him being out of Status while waiting for interview date?