Can I stay in the U.S if I change from AOS to Consular Processing ?

[Oby.]

Thank you for your answer. Could you elaborate as why I would need to leave the country ? I am just trying to understand.

[krypton9591]

Hello,

I filed for a family based green card application end of June, my spouse is a U.S citizen and I was on F1 visa when my application was accepted by USCIS.

In August my dad became very hill and I had to go home in a hurry. Having not receiving yet the combo card, I got an Emergency Advance Parole document from an immigration officer.

I stayed a little less than 3 months in my home country was accepted upon entry.

For other reasons, I now want to change from AOS to Consular Processing.

Will I be able to remain in the U.S until the date of the interview at the consulate or would I need to leave back home immediately? I have looked everywhere online and the answer is not clear.

Thank you in advance for your help.

you would be required to return to your home country immediately

[scientist2016]

Thank you for your answer. Could you elaborate as why I would need to leave the country ? I am just trying to understand.

What is your visa status? You need a valid status to be able to continue living in the US. If you filed for AOS, you can live in the US until it is adjudicated. If not, you will have to have a valid status to continue residence, or else leave the country.

[Oby.]

I reentered with the emergency advance parole and in adjustement of status since end of June. My F1 visa expired since July.

[scientist2016]

I reentered with the emergency advance parole and in adjustement of status since end of June. My F1 visa expired since July.

So if you abandon AOS (by going the consular route) you will have no basis to stay in the US.