If you have applied for Adjustment of Status (“AOS”) on Form I-485 and need to depart the United States, you can switch to the Consular Processing (“CP”) method of obtaining a visa abroad. To change to CP, you must submit Form I-824 to USCIS. Form I-824 is a request for the US Consulate abroad to be notified of your AOS approval. Follow the instructions for Form I-824 carefully. If you have questions about filing this application, you should consult an immigration attorney.

One of the reasons an AOS applicant might want to switch to CP is because AOS sometimes experiences long delays in processing. CP is sometimes faster. However, Form I-824 has also sometimes experienced long delays. So switching to CP may not be as quick as you thought.

In employment-based OSA cases, this issue may have less of an effect. The Office of Visas recently advised all US consular offices to accept this type of case when the beneficiary last resided in the district of that consular office. Even when the beneficiary did not last reside in the consular post district, the Consulate is strongly encouraged to accept cases if the applicant faces any hardship as a result of long processing delays.

To change from AOS to CP, the employment-based applicant must submit three main documents to USCIS: (1) the I-797 Receipt Notice on Form I-140; (2) a copy of the Form I-140 petition; and (3) the Form I-824 Receipt Notice. In addition, the applicant must submit evidence that she will reside in the consular post district for the foreseeable future.

However, there are certain drawbacks to switching from AOS to CP. For example, if the applicant has increased more than 180 days of unlawful presence in the US, she should not change from AOS to CP or else she will be subject to the 3-year or 10-year bar from returning to the US. Another drawback is that the applicant’s withdrawal of the AOS application may also have the effect of withdrawing her employment authorization if she has no other means of obtaining employment authorization, such as another type of visa status. nonimmigrant.

If you have questions about changing from AOS to CP, you should talk to an immigration attorney. An immigration attorney will be able to analyze your case and advise you accordingly.