Change to Consular Processing

[JodiDeverra 0]

Hi,

i have my pending i-130 and I submitted it while I’m still here in the US. I checked the box to process it here as well. However, I need to go back to the Philippines next week since my 6 mos is almost up.

do I need to change it to consular processing? 
or can I just wait for the result and when it’s approved, come back here in the US to file AOS? 
Also, I’m 21 yrs.old

 

thank you.

 

[Edward and Jaycel 1,666]

What is the relationship of you to the petitioner? Is the petitioner a LPR or citizen? No I-485 filed concurrently?

[JodiDeverra 0]

6 minutes ago, Edward and Jaycel said:

What is the relationship of you to the petitioner? Is the petitioner a LPR or citizen? No I-485 filed concurrently?

My mom is my petitioner. She’s a green card holder. I-485 wasn’t filed concurrently.

[Edward and Jaycel 1,666]

When was this I-130 filed? I will defer to the members more experienced with LPRs filing for their children to chime in here because I do not want to give you bad advice.

[JodiDeverra 0]

18 minutes ago, Edward and Jaycel said:

When was this I-130 filed? I will defer to the members more experienced with LPRs filing for their children to chime in here because I do not want to give you bad advice.

It was filed March 28,2025. Thank you

[jan22 3,158]

You need to change it to consular processing and depart the US before the end of your authorized stay.  It will be several years until your Priority Date (PD — the date your petition was filed) is current and a visa number is available for you.  People whose petitions were filed by January 1, 2022, are those who now have visa numbers available.  This has been the current PD for visa processing since October 2024, so it’s moving slowly.  There is no way it will become current during your authorized stay, so there is no way you can adjust status.  
 

When a visa number becomes available, you will proceed with consular processing.  You cannot enter the US as a visitor to adjust to permanent residence status (unless you  lie to the immigration officer at the Port of Entry).

[JodiDeverra 0]

1 hour ago, jan22 said:

You need to change it to consular processing and depart the US before the end of your authorized stay.  It will be several years until your Priority Date (PD — the date your petition was filed) is current and a visa number is available for you.  People whose petitions were filed by January 1, 2022, are those who now have visa numbers available.  This has been the current PD for visa processing since October 2024, so it’s moving slowly.  There is no way it will become current during your authorized stay, so there is no way you can adjust status.  
 

When a visa number becomes available, you will proceed with consular processing.  You cannot enter the US as a visitor to adjust to permanent residence status (unless you  lie to the immigration officer at the Port of Entry).

Why do I need to change it to consular processing? I was planning to come back here in the US once my i-130 is approved and just do AOS. 

[TBoneTX 47,145]

23 minutes ago, JodiDeverra said:

Why do I need to change it to consular processing? I was planning to come back here in the US once my i-130 is approved and just do AOS. 

For good reason, you can believe every word that jan22 says about consular rules.

[appleblossom 4,036]

6 hours ago, JodiDeverra said:

Why do I need to change it to consular processing? I was planning to come back here in the US once my i-130 is approved and just do AOS. 

 

You really need to have another read of your previous threads on this subject, you're not understanding the basics of immigration procedures/law and you'll end up with a ban if you're not careful.

 

You cannot go back to the US and do AOS once your I-130 is approved because (a) your PD still won't be current for at least another decade, so there is no way for you to adjust status anyway; and (b) even if it was current that would be immigration fraud. 

 

As @jan22 said, you MUST switch to consular processing, there is no way for you to adjust status.  

 

Good luck. 

 

 

 

 

Edited May 30 by appleblossom

[jan22 3,158]

9 hours ago, JodiDeverra said:

Why do I need to change it to consular processing? I was planning to come back here in the US once my i-130 is approved and just do AOS. 

As I said in my previous post, you cannot enter on a visitor visa (B2) with an intent to immediately apply for Adjustment of Status without being willing to lie to the immigration officer about the reason for your “visit”.  While you might be admitted, it will likely cause you immigration issues every step of the way after that, up to and including the possibility of a denial of your I-485.  

 

in addition, it is to your benefit to go through counselor processing and get a visa. It will likely be less expensive (the fee for application versus the fee for a AOS, the fee for the medical for a visa versus the Civil Surgeon medical fee in the US, etc.). Most importantly, it will allow you to legally begin your life in the United States from the day that you enter with your immigrant visa versus waiting months for work authorization, etc. 

 

 

 

Edited May 30 by jan22

[appleblossom 4,036]

19 minutes ago, jan22 said:

As I said in my previous post, you cannot enter on a visitor visa (B2) with an intent to immediately apply for Adjustment of Status without being willing to lie to the immigration officer about the reason for your “visit”.  While you might be admitted, it will likely cause you immigration issues every step of the way after that, up to and including the possibility of a denial of your I-485.  

 

in addition, it is to your benefit to go through counselor processing and get a visa. It will likely be less expensive (the fee for application versus the fee for a AOS, the fee for the medical for a visa versus the Civil Surgeon medical fee in the US, etc.). Most importantly, it will allow you to legally begin your life in the United States from the day that you enter with your immigrant visa versus waiting months for work authorization, etc. 

 

 

 

Plus date for AoS for the OP’s category is currently October 2013…..and s/he applied in March 2025 so has at least 12 years before s/he could apply to adjust status, even if s/he was inside the US and could do it legally. 
 

That’s why I don’t think s/he understands the process, or the wait ahead of them. 

[appleblossom 4,036]

@JodiDeverra how and when did your mother get her GC?