Legal Question in Immigration Law in Michigan

My i140 is approved and I am in adjustment of status now and my PD is also current. I didnt file 485 , as i was not married. Now my employer is ready to convert my case to Consular Processing.

1. Can I file 824 anytime or only when my PD is current?

2. And if my 824 get approved, is that the end of GC process or I still need to file 485?


Asked on 8/21/10, 9:31 am

2 Answers from Attorneys
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

When the priority date is current and you are in the U.S., adjustment of status application (I-485) can be filed with the USCIS. There is no requirement to file the I-824, unless you are married and your family is abroad. Incidentally, you are responsible for signing the I-485, and the employer's permission is not required.

You can call our law firm at 212-268-3580 during business hours, or email [email protected] for any additional guidance.

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Answered on 8/26/10, 9:43 am
Caridad Cardinale Pastor & Associates, P.C.

Hi, I am not sure why the officer is telling you to consular process. If you are in status then you should be able to file the I-485 in Detroit, Michigan. If you would like to discuss this further, please call us at (28) 619-0065 or email me at [email protected]

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Answered on 8/26/10, 11:03 am


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