consular processing vs status adjustment

[dot70]

I am a Canadian citizen (born in another country) and I just received labor certification. Currently, I am on an H1B, as is my husband. We are now trying to decide which process, i.e., consular vs status adjustment is best. My lawyer is dissuading me from the consular route, citing the inability for appeal in case of denial. I am leaning toward it however for reasons of a shorter wait (hopefully). But, based on my lawyer's comments, I am a bit apprehensive about the consular route. Can you shed some light on this? Any information on the denial rates in Montreal?

Thanks.

[JoeF]

A lot of lawyers who have no idea about CP perpetuate the denial issue.
Fact is: there are only very limited reasons an immigrant visa can be denied by a consular officer: medical reasons, and fraud. Both of these reasons would result in AOS denial and deportation as well.
There is one other reason for a denial, and that is if documents are missing. In that case, the person will get a visa to fetch the documents. But, the lawyer should make sure that this case never happens.
There are NO other reasons for denial. Consular officers do NOT have discretionary powers to deny immigrant visa applications. If none of the reasons above apply, they have to approve the application.
For AOS, on the other hand, CIS examiners have the discretionary powers to deny cases as they wish.
So, CP is faster and much safer than AOS.

There is, however, some movement in the AOS processing times. CIS has announced that they are starting a pilot program at CSC to adjudicate concurrently filed I-140 and I-485 within 3 months. Given that CIS has announced improvements too often without following through, I would at this time not count on it.

[Disclosure: I did CP in 2000, and got my immigrant visa ca. 3 months after I-140 approval, so I am biased...]

[dot70]

consular processing vs status adjustment

To JoeF: Thank you very much for a detailed response. If indeed CIS follows through its intent this time and does start processing I-480s faster, do I have the option to submit an I-480 after initially opting for CP?
D

[JoeF]

Re:consular processing vs status adjustment

This pilot program that they apparently want to launch only applies to concurrently filed I-140s and I-485s. It wouldn't work with I-485s filed later. And it also would only for certain I-140s, and only at the California Service Center.
I have seen this on some lawyer sites, but apparently, there hasn't been a formal announcement on the CIS website yet. The reports said that they are going to implement this "soon"...

[dot70]

Re: Re:consular processing vs status adjustment

To JoeF:

Yes, I did see this announcement as well. But, it wouldn't apply in my case. Irrespective of this pilot program, I guess I was asking whether I do have the option of filing an I-480 after initially opting for CP? Thank you very much for your input.

[JoeF]

Re:consular processing vs status adjustment

Sure. You can file an I-485 anytime before getting the immigrant visa from the consulate. If the file is already at the NVC or the consulate, it would just be transferred back to CIS.
The other way around, i.e., changing from AOS to CP, is more difficult...

[dot70]

consular processing vs status change

Thank you JoeF.