ACP and I-824 filing: I too got the email and also

[query2]

I got the email from Mumbai post asking to bring
I-824 receipt for my ACP case.

But I heard that filing it does Not mean immediate abandonment of 485 - is that true ? will I-824 go thro it's regular process and then atty. get's query for confirming 485 abandonment is desired (with some time to respond) ?

In that case, If ACP get's rejected (confi. will not happen!) - one can re-request not to abandon 485.

Please confirm...

Bambaiwallah

[hopeful214]

I would really appreciate if you can share your case acceptance date with others. Have they asked for I824 in the case acceptance mail??

My case was accepted on 09/20/00 and they didn't ask for I824 receipt in the case acceptance mail.

Thanks.

[query2]

My case was accepted on 11 Oct (filed 3rd Oct). They sent this email to attorney asking for 824 receipt and it also specified the case number.

Immihelp and readers: could you'll please throw light on my earlier query;

thanks

Bambaiwallah

[hopeful214]

This is what INS is supposed to do with I824:
----------------------------------------------------

* INS HQ Memo Instructing Agency to Take I-824 as Withdrawal of 485! (Courtesy of AILA)

U.S. Department of Justice
Immigration and Naturalization Service

HQ70/23.1P
Office of the Executive Associate Commissioner
425 I Street NW
Washington, DC. 20536

August 8, 2000

MEMORANDUM FOR:

All Regional Directors
All Service Center Directors
All District Directors
All Officers In Charge
All Training Academies

FROM:

Michael C@#%$in [signed by Thomas Cook for Michael C@#%$in]
Acting Executive Associate Commissioner
Office of Programs

SUBJECT: Prohibition on Concurrent Pursuit of Adjustment of Status and Consular Processing (AD00-15)

Chapter 23.2 of the Adjudicator's Field Manual, provides guidance on general adjustment of status issues. This memorandum addresses instances where a beneficiary seeks to pursue both adjustment of status and consular processing in order to ensure availability of a visa number.

In Chapter 23 of the Adjudicator's Field Manual, a new section 23.2(1) is added to read as follows:

23.2 General Adjustment of Status Issues.

Concurrent pursuit of adjustment of status and consular Processing.

(1) Background. In 1999, the Service issued policy guidance on when the filing of a Form I-824, Request for Action on an Approved Application or Petition, was appropriate. That guidance advised that a Form I-824 should be filed when the petitioner requests a change in the initial manner of processing noted on the visa petition. It has come to the Service's attention that applicants for Adjustment of Status are also using the Form I-824, or in some cases submitting a duplicate visa petition, to request concurrent consular processing.

The Office of Field Operations and the Office of Programs have reviewed the issue of concurrent pursuit of adjustment of status and consular processing and determined that concurrent pursuit would not be an efficient and effective use of the Service's resources. Further, the pursuit of concurrent filing for adjustment of status and overseas visa processing runs the risk of allocating more than one visa number to the same immigrant.

(2) Guidelines. When an alien with a pending I-485 files a Form I-824 requesting that the visa petition be forwarded to a consulate the alien or the attorney of record will be notified that the I-824 will be treated as a request to withdraw the I-485. In accordance with 8 CFR 103.2(b)( the notice will provide the alien a response time in which to advise the Service on how they wish to proceed. The I-485 is to be terminated by written notice if the alien chooses to pursue consular processing or fails to respond within the time granted. This notice will also advise the alien of the termination of any employment authorization granted under 8 CFR 274a.12(c)(9). The I-824 is then to be approved, and the visa petition forwarded to the National Visa Center (NVC) for processing.

Likewise, if the Service receives a "duplicate" immigrant visa petition requesting consular processing, and the alien has a pending I-485, the Service will notify the alien or the attorney of record that the duplicate petition will be treated as a request to withdraw the I-485, as above, provide a response time in which to advise the Service on how they wish to proceed. The I-485 is to be terminated by written notice if the alien wishes to pursue consular processing or fails to timely respond. This notice will advise the alien of the termination of any employment authorization granted under 8 CFR 274a.12(c)(9). The visa petition along with the duplicate is then to be forwarded to the NVC for processing.

[bondead]

Re: ACP and I-824 filing: I too got the email and

Possibilities are :
1. It could be on a case-by-case basis.

Maybe you (query2) applied for ACI140 and I485 at
the same time. So they want you to decide which
one you really want.
You must have read the section under the Immigrant
Visas FAQ on the Mumbai consulate website -
"How do I request consular processing of a pending
employment-based case?"
There is no mention of I824 there (yet). So if they
asked you then they want it in for your case. It is
possible several more candidates will be requested
for I824 but unless they make it clear it is now a
requirement others need not worry too much about
it. (though I agree it is safer to do I824 whether
required or not).

2. Or it may be due to the Oct 18th INS memo entitled :
"Prohibition on Concurrent Pursuit of Adjustment
of Status and Consular Processing (AD00-15)"

Anyway, if you want to do ACI140 what is the problem getting I824 filed. Maybe you think you
will change your mind and might want to cancel the
CP interview later. Or maybe you are doing it
expecting the I485 approval to come through before
the CP interview date (cannot completely be ruled out
since CP interviews are taking longer and I485 approvals taking comparatively less time).

I think it would have made more sense for them to ask
for the receipt along with Packet 3. Then at least
the purpose of the recent INS memo on concurrent CP
and AOS would better be served.

Read the following from the memo -
"It has come to the Service's attention that applicants for Adjustment of Status are also using the Form I-824, or in some cases submitting a duplicate visa petition, to request concurrent consular processing.
The Office of Field Operations and the Office of Programs have reviewed the issue of concurrent pursuit of adjustment of status and consular processing and determined that concurrent pursuit would not be an efficient and effective use of the Service's resources. Further, the pursuit of concurrent filing for adjustment of status and overseas visa processing runs the risk of allocating more than one visa number to the same immigrant."

Now just to give this a twist let's hope Mumbai does
not start specifying that the I824 needs to have been
filed before a certain date (like Ciudad Juarez did
specifying Sept 20th ---- which if I'm not mistaken
was the same date that most of us got to know Juarez
was opening its doors to all Nationals) :-) ! It was
too good to be true anyway.

---------------------------------------
[Use the above hints at your own risk]