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1、Adjustment of Status Vs. Consular ProcessingThis handout is intended to provide basic information about the two different methods for changing from nonimmigrant to immigrant status based upon an employers petition for permanent residency. It is adapted from materials originally prepared by Elizabeth
2、 Quinn in the immigration law firm of Maggio-Kattar.Adjustment of Status(Application filed with U.S. Citizenship & Immigration Services)Consular Processing(Immigrant Visa Interview at U.S. Consulate in Home Country)Documentation required: Original birth certificate Marriage certificate Divorce or de
3、ath decrees (if previously married) Court records for any arrests Discharge papers from military Medical examination resultsDocumentation Required: Original birth certificate Marriage certificate Divorce or death decrees (if previously married) Court records for any arrests Discharge papers from mil
4、itary Medical examination resultsTiming: Can be filed either concurrently with Form I-140 or after I-140 is approved, provided there are no issues with the priority date Processing times can vary considerably and can take anywhere from 12 15 monthsTiming: Can only file this paperwork after the I-140
5、 is approved Can be faster, taking only a few months, but processing times vary by consulate as a result of case loads, security clearances Can take 6-8 monthsInterviews: At local U.S. CIS office, if required Attorney can be presentInterviews: At US consulate in home country Attorney cannot be prese
6、nt Short notice for interview (about a month) Medical exam must be done in home countryWork Permission: Can apply for work permission while Adjustment application is pending Work permission given in one year increments, renewable Work permission allows for work anywhereWork Permission: Cannot apply
7、for work permission Must maintain nonimmigrant status while waiting for interviewTravel: Unless in H or L status, need to obtain advance parole travel document from USCIS prior to travel so as not to abandon adjustment of status applicationTravel: Must continue to maintain terms of nonimmigrant stat
8、us Immigration intent can be problematic for some statuses that require nonimmigrant intentCost: $1,010Cost: Cost of returning to home countrySecurity Clearances: Digital fingerprints and photos take at a USCIS Application Support Center. Fingerprints sent to FBI for security check Security Clearances:Applicant must provide police certificates from any countries where they lived for more than 6 months after the age of 16. I:ScholarsPermanent residencyAdjustment of StatusAdjustvsCP.doc March 24, 2009
