Consular Processing vs. Adjustment of Status

spiderman21 · May 10, 2006

Hi to all, what do you think is less risky and much faster to get an immigrant visa (green card) - consular processing or adjustment of status?
There are a lot of different opinions about this. Can I know your view as well specially to those who have experience in either of the two?
My view, though I don't have actual experience as of yet, is that adjustment of status is much faster and less risky than consular processing but one has to possess a non-immigrant visa to do it.
I've looked at the processing time of Nebraska and Texas Service Centers, which handle I-140 and I-485 (adjustment) applications, they are already processing cases applied four months ago. Another advantage of adjustment of status is that we can file for Employment Authority Document at the same time. EAD will be processed within three months else you have the right to get an interim EAD, a one-day walk-in processing. Once you have an interim EAD, you have the right to get SSN, available after two weeks.
Having an interim EAD, SSN plus a license will allow you to work legally.
Am I right? Any comments?

FASTER: N.I.V. BUT THE PROBLEM is at the POINT of ENTRY. What is Your Puspose of VISITING the USA. Nurse Tourist is a BIG QUESTION MARK.

LESS RISKY: Ofcourse, go to the LONG WAIT for an IMMIGRANT PETITION.

suzanne4, RN · May 10, 2006

Hi to all, what do you think is less risky and much faster to get an immigrant visa (green card) - consular processing or adjustment of status?
There are a lot of different opinions about this. Can I know your view as well specially to those who have experience in either of the two?
My view, though I don't have actual experience as of yet, is that adjustment of status is much faster and less risky than consular processing but one has to possess a non-immigrant visa to do it.
I've looked at the processing time of Nebraska and Texas Service Centers, which handle I-140 and I-485 (adjustment) applications, they are already processing cases applied four months ago. Another advantage of adjustment of status is that we can file for Employment Authority Document at the same time. EAD will be processed within three months else you have the right to get an interim EAD, a one-day walk-in processing. Once you have an interim EAD, you have the right to get SSN, available after two weeks.
Having an interim EAD, SSN plus a license will allow you to work legally.
Am I right? Any comments?

It is actually in violation of the US Immigration Laws to come to the US on a toursit visa for the purpose of looking for a job and staying.

You are leaving out the 60 to 90 days before you can even have a petition filed on your behalf. The law states 60 days, but most attorneys are now not doing anything until 90 days, because there have been petitions that have been turned down. Add in to that another 60 days unitl you get the EAD, then you need to apply for the SSN#, and that takes another week.

You are looking at about five months before you can begin work, and it is 100% illegal for you to do any type of work while you are waiting. Most do not have enough saved to live that long in the US.

So, you need to way your options carefully. You do nto want to overstay your visa at all, and you never, ever want to apply for an extension. Many are getting denied now.

Consular processing is the less risky. There is no risk involved with that.

FutureUSRN · May 10, 2006

Yeah, you're right. Done research on it, it is called "dual-intent". Non-immigrants (except H and L) should not have dual-intent, meaning should not be an intending immigrant when entering the US.

To prove that you've changed your intent while in the US is difficult. They made a rule: that if a non-immigrant requested for adjustment of status to immigrant "right just after" entering the US on a non-immigrant visa, then he/she has dual-intent and the request is automatically denied.

Right-just-after is defined as one month after arrival. Others say even up to three months is risky.

This means that after arrival, one has to wait a minimum of three months before he/she files a request for adjustment of status.

Hmmm....that made me think again to consider consular processing......

Ethan_mike · Jun 2, 2006

Uh, Mr. FutureUSRN, could you direct me to the page where you found that "right just after" ruling? i'd like to read it over. thanx

Ethan_mike · Jun 2, 2006

by the way, for Adjustment of Status processing dates as of 6/2/2006 at the Texas service center:

I-140 Immigrant petition for alien worker: Jan 19, 2006

I-485 Adjustment of status: applications filed Nov 2005

I-765 Employment authorization based on pending I-485 applications : April 2006

I-131 Advance parole to travel outside US: April 2006

Documents may be filed together. Looks like a half year wait at least in addition to the 3 month waiting time to avoid the dual intent doctrine.

suzanne4, RN · Jun 3, 2006

It used to be 60 days were required before you could file an AOS, but now the better attorneys are waiting 90 days before filing. Immigration has been denying some of these cases.

And I have yet to see anyone issued an interim EAD, it just is not going to happen. The biggest issue that all of you are forgetting is that you will be in the US for over 5 months with no income coming in, and it is illegal to do any type of work before you are given documents that permit you to work here legally. You can be deported and not permitted to return for ten years. So unles you have funds available to you, do not even consider it.

FutureUSRN · Jun 10, 2006

I understand. That's why I am selling all my properties already...hehehe....joke...!~

EmAmood · Feb 17, 2009

Hi! I just recently passed the NCLEX-RN which I took here in the US and currently waiting for my IELTS result too. I am here on a tourist visa staying for almost 5 months now. My question is is there any way for me to stay and work as soon as my employer files me an adjustment of status or any other fillings needed to work legally here in the US? if there is, what are those and how long will it takes me to wait for it. Or would you rather advice me to go back to my country and come back after like 2 months or after the adjustment of status is done.pls help.. thanks so much..

suzanne4, RN · Feb 17, 2009

This thread is several years old. There is absolutely no way for you to remain in the US to work as the US is not accepting any AOS petitions at this time and has not accepted them in quite sometime. We are also not expecting things to open up for perhaps five years plus.

There is no way for you to return in two months or even a year since the retrogression has been in place and the US essentially has not accepted the I-485 since then accept for a small glitch the summer of 2007, and you most definitely will not see that happen again.

And sorry, but not sure why you think that just jumping in front of all of the others that have been patiently waiting is the proper thing to even consider. It actually gets me quite upset when people here have been waiting for several years for a visa.

Please have a very safe trip home and also be aware that chances of even having an employer start any process for now is quite slim since they need to prove that they are unable to hire an American for the job. More that likely you are going to be looking at seven years for a chance at a visa.

And just as a side note, have you passed both the English as well as the NCLEX and possess a Visa Screen Certificate already right now?

EmAmood · Feb 17, 2009

i am done with nclex and currently waiting for my ielts result. thanks for the info suzanne. appreciate it.

suzanne4, RN · Feb 17, 2009

You have no choice but to leave the US, and you just verified that. There are no green cards available and for the areas that may temporary visas, you must have a Visa Screen Certificate in hand before anything can be submitted. And you are looking at four months before you can get that issued.

Other issue is that an employer cannot even legally offer a job until one has taken and passed the NCLEX exam. This is per US law. Next problem is that the state of CA currently has an unemployment rate of more than 10%, and that includes nurses as well. Americans are having problems finding work as a new grad, and the employer must prove that they were unable to hire an American. This is going to be almost impossible for them to do.

I noticed on your other post that you just got your results this past Satuday, over the weekend. Congratulations on passing the exam.

But as bad as the economy is, it just means that you had dual intent as well when you came here and that is grounds to automatically get denied as well.

Please have a safe journey home and wait your turn just like everyone else.