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Consular processing Vs I-485

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  • Consular processing Vs I-485

    I am trying to understand which route to green-card is best for me - Consular processing or I-485?

    My PERM has been approved and I need to apply for I-140. My advocate wants me to take a decision on which route I am interested in. Also, the advocate is discouraging me from choosing consular processing claiming that there is a risk (since I need to attend an consular processing Interview in India).

    I have the following questions:
    1. Is there a priority date to apply for consular processing? In otherwords, if my I-140 gets approved, when would I be eligible to get an appointment in india and go for the interview?
    2. Is choosing consular processing (instead of I-485) really a risk?
    3. I feel the wait time to apply for I-485 is very long (as the priority date for India is 1/1/2003). Would the greencard processing really speed-up if I choose counsular processing?

    Please let me know the pros and cons.
    Thank you.

  • #2
    Read https://www.immihelp.com/adjustment-...mmigrant-visa/
    Immihelp Support
    No legal advice. Use at your own risk.

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    • #3
      Consular processing Vs I-485

      I read that article - but my question is to understand if there is a priority date to apply through consular processing also?

      I know that there is a huge back log to apply for I-485 since the priority date for applicants of Indian origin is not current.

      Please let me know.

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      • #4
        hi,

        I would recommed that u go for consular processing as the process is much faster than I-485. though CP also is affected becoz of the priority dates, while u go for CP, ur other formalities like police clearance can be completed during the time ur date is not current and once ur date is current, u will be called for interview within 1-2 months. however, in case of I-485, ur entire green card process will be stalled till ur priority date becomes current and then it may take another year for u to get the green card. also, if during this 1 year, the priority dates are retrogated, and ur date is not current, then u have to again wait for ur date to become current to get the green card.

        thanks,

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        • #5
          Thank you for your response. But someone told me that for police clearence certificate, I need to have someone in India to go to the passport office, bribe them and push the file. Is that true?

          My passport was issued in Bihar (when I was living there). I do not have any friends or relatives there now. I feel it would be a problem if I will have to send someone to the passport office in Bihar.

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          • #6
            regarding ur police clearance (pcc) from india, u need to get pcc from every place where u have lived for more than 6 months after the age of 16. even if ur passport was issued in bihar and u have not lived in bihar for more than 6 months after the age of 16 then u need not get pcc from bihar. so check the places where u lived for 6 months or more in india after the age of 16 and then get the pcc from that local authorities accordingly. if u dont have any one in india who can do the job for u, it is best for u to approach the nearest indian consulate or embassy and ask for a pcc. the indian consulate should issue u a pcc in 1.5 - 2 months.

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            • #7
              police certificate for 485

              Thank you for the info. Unfortunately, my lawyer wanted me to take a decision soon and I did not have enough info about consular processing. I have now chosen 485 path. Can I speed up the process in anyway (by requesting for police clearance certificate myself, or collecting other related documents)?

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