Change of Status vs. Consular Processing

[Attorney_22]

This week, Murthy Law Firm attorneys will answer questions regarding differences between change of status requests and consular processing.

If you have a general question, but do not wish to post it in the forum, you may reach a representative at the Murthy Law Firm via eMail. Please allow 3-to-5 business days for a response. Or, if you have case specific questions, please schedule a consultation with a Murthy Law Firm attorney.    

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[ashok sharma]

Is change of CSPA age calculation - Policy Alert of USCIS of 14th February, 23 agreed / approved for Consular Processing also? What is your argument for this to happen? 

Edited March 10, 2023 by ashok sharma

[YELLEPEDDI VENKATA]

In a concurrent filing for a family based  green card, how much time does it take normally to receive I485 approval after I130 is approved ? Thanks.

[Attorney_22]

On 3/9/2023 at 10:56 PM, ashok sharma said:

Is change of CSPA age calculation - Policy Alert of USCIS of 14th February, 23 agreed / approved for Consular Processing also? What is your argument for this to happen? 

The Department of State has not updated their guidance regarding CSPA since the USCIS revision. If you have a particular question regarding your situation, it is best you speak directly with a U.S. immigration attorney. 

[Attorney_22]

On 3/9/2023 at 11:58 PM, YELLEPEDDI VENKATA said:

In a concurrent filing for a family based  green card, how much time does it take normally to receive I485 approval after I130 is approved ? Thanks.

It depends the processing time of the local office if there is going to be an interview. If there is not an interview, and assuming the priority date is current for the entire duration or is in the IR category, the AOS generally takes at least a year to process from filing. 

[Attorney_15]

On 3/9/2023 at 10:56 PM, ashok sharma said:

Is change of CSPA age calculation - Policy Alert of USCIS of 14th February, 23 agreed / approved for Consular Processing also?

The State Department has not said that they will or are adopting the new CSPA policy of USCIS. Murthy Law Firm is open to making the argument that the policy should apply equally to someone who was refused a visa by the Consulate. However given the variations in how such cases often unfold it would be a good idea to consult directly with an attorney to decide whether to try such a course of action and what might be the best way to do so. You can arrange to consult with a Murthy Law Firm attorney at https://www.murthy.com/consultations/

[Attorney_15]

On 3/9/2023 at 11:58 PM, YELLEPEDDI VENKATA said:

In a concurrent filing for a family based  green card, how much time does it take normally to receive I485 approval after I130 is approved ?

Generally, when an I-485 is concurrently filed with the I-130 they are processed together and an approval of both applications happen at the same time, which is generally after the USCIS interview is completed.