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law_info

Switch to Adjustment of status

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Hi everyone,

 

My interview date for a family based green card's interview is on Sept 18, 2013 at Montreal Consulate in Canada. However, I am on a TN visa for work in the U.S and my employer can't find anyone to replace my position during 3 weeks off for travelling to Canada for my medical exam, an interview and waiting for a visa. At this point, can I not go to the interview and apply adjustment of status here in the U.S? If it is possible, do I have to get permission from the U.S consulate?

 

Thank you very much for your input

 

 

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If the PD is current, you can just file an I-485 while in the US.

It will take quite a bit longer, since USCIS has to get the file back from the consulate. So, you risk retrogression.

Check with your employer if you can work remotely. That would make things easier.

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Hi JoeF,

My priority date already becam current.

I heard that it takes about 4-6 months to have an interview from the date of I-485 submission. Retrogression means it takes longer than 4-6 months, right? Do you have an idea about how long

 

Thanks a lot

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Most EB green card petitioners don't get interviewed. The real numbers are 2-4 months to interview (and yes, it's not applicable to you). However, nobody know how long retrogression will take. Can be two months, can be two years.

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