Published
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?
Using a tourist visa is trying to cut in over the tens of thousands waiting in the Philippines by Consular processing. If that's the case, then maybe all nurses should start applying for tourist visas so they can all get into the US, which is of course illegal and unfair. Some just want to get the jump ahead of everybody else who are patiently waiting in line. There are a lot of second coursers in the Philippines who already have multiple entry tourist visas and after finishing nursing, maybe some of them think that this is the sure ticket to jump in front of all waiting by CP, like a warp drive or something. And this is happening.
As well as a stay in immigration detention before they are deported. Not a good thing to be doing when the things are bad all over. We also do not see any legitimate employers in CA even considering the temporary work visas as well, and the US has been under a retrogression for more than 26 months already.
This just makes it bad for others that are even interested in obtaining the tourist visa for the US exactly for these reasons as well. When one comes to the US on a tourist visa and does not return home, then it affects everyone that wishes to travel afterwards, even with obtaining the visa in the first place.
Taking cuts in front of all of the others that have been patiently waiting is most definitely not a good thing.
What if i have passed the english exam and passed nclex within 1 month of entering the u.s.a with a tourist visa can i be able to get an adjustment of status?
You are not able to AOS at the moment and probably not for a few more years due to retrogression. This has been ongoing since Oct 06 and demand far outweighs visas that are allocated
i have the same dilemma,,but my lawyer has already filed me for EAD..im here in the US right now as tourist and its my 8th month already.my lawyer told me that it is automatic to be extended for 180 days if u already have an employer.but i do have until october to wait for my work permit and i think because of the retro it won't happen..i'm confused is there any chance that i might receive my EAD by oct?
i have the same dilemma,,but my lawyer has already filed me for EAD..im here in the US right now as tourist and its my 8th month already.my lawyer told me that it is automatic to be extended for 180 days if u already have an employer.but i do have until october to wait for my work permit and i think because of the retro it won't happen..i'm confused is there any chance that i might receive my EAD by oct?
What visa are you applying for? If GC then there is no way you can AOS and get a visa or EAD unless your PD is current which for the last couple months visas have been unavailable, What is your PD? I think you need to talk to another lawyer and clarify that you are OK to stay. When the new visas come out in Sept for October release we do not expect it to be dates within the last 2-3 years of PD I wouldn't be surprised if PD is between 03 and 05
Hi!we are almost in the same situation,but in my case i just arrived last july. i have an agency which i paid 13,500k for my green card petition but which i know will still take a couple of yrs,all that i'm hoping is to have an employment authorization so that i will not go back to Phil.anymore. i'm just soo worried after reading all these threads.my agency told me that that they have one applicant last jan. and has been issued a work permit or rather an employment authorization document last april and is now working,and i really saw her in the facility.i am not hoping that my green card will be processed bec.i know that this will never happen soon after thorough browsing and reading in the net but i'm hoping that i can be given an employment authorization before my tourist visa ends by jan.,by the way i'm here in seattle.but upon reading your thread,i'm just worried bec.its almost 6mos.now and u haven't received ur ead yet.what did ur lawyer told you?when did you apply for your adjsutment of status and ead? my agency didn't give me an aos and ead application form,just i-140 and application for permanent employement,do u think i have to ask them that?ur not going back to phil.anymore?keep me posted,thanks!
I'm not a visaexpert, but that all sounds very illegal to me. First it's illegal to obtain a tourist visa with the intend to stay. Accepting work with a tourist visa is illegal, and since there are no GC's available, I wonder if that person they showed you is working legally, my gut is saying she's not.
There are plenty in line before you, if it would be legal and so easy to adjust status from a tourist visa, what in itself is kinda a joke, everybody would be doing it, right?
5cats
i have the same dilemma,,but my lawyer has already filed me for EAD..im here in the US right now as tourist and its my 8th month already.my lawyer told me that it is automatic to be extended for 180 days if u already have an employer.but i do have until october to wait for my work permit and i think because of the retro it won't happen..i'm confused is there any chance that i might receive my EAD by oct?
Nothing is automatic, normally you have to apply for an extension, you might be out of status allready, until when was your visa good for? Might be an idea to contact the authorities yourself.
5cats
EmAmood
59 Posts
thanks suzanne. the reason i ask this questions is that i've heard a lot who's doing like this though i intend to do what is legal and proper for me to do. thanks again.