Department of State memo on consular processing

[immihelp]

Hello everyone,

By now, some of you would have seen the department of state memo regarding consular processing. But that is not quite well readable.

I have added an HTML version of that memo on this web site which is much more readable.

Please go to www.immihelp.com/consular/memo.html

[xgladiator]

Re. CP-CJ.

Hello Immihelp,

I believe that I have asked you this question earlier and you answered that I have to file 485 for before applying for CP at Cuidad. (I have 140 approval, priority date current and have filed for 824)

Based on the memo, it is not explicitly mentioned that
we need to file for 485 before applying for CP at Cuidad. Although I must say reading the summary of the memo (at the very top) it says something about applying for 485.

What is your take on this ??

Thank you

[immihelp]

Re: Re. CP-CJ.

If you read paragraph 2, it clearly mentions that you should have I-485 filed.

[xgladiator]

RE. CP-CJ.

Thank you for the prompt response. I agree.
Can I apply for 485 parallely while I send the following papers for Cuidad
797 (140 approval)
824 (receipt)
packet 3

OR should I first apply for 485 get a receipt # and then send the above plus the 485 receipt ??

Does the rule (i.e. 485 must be applied ) apply if we go to our district consulate, in my case it is Chennai.

-Thank you

[immihelp]

Re: RE. CP-CJ.

You should have pending I-485 before applying there. So first apply I-485.

If you go to Chennai according to the instruction on new state department memo, you would have to have I-485 applied. If you are going through NVC as normal to Chennai, I-485 is not needed.

[xgladiator]

re: cp-cj

Thanks for clearing up the doubt very nicely, much appreciate it.

-xg

[ravichandran new]

I beg to differ from IMMIHELP.

There is no mention anywhere that I-485 should be actually applied. Only I-140 should be approved for Adjustment of Status. I-824 should be then applied to transfer to consulate.

This is clear in other sites, including the site which IMMIHELP doesn't want us to refer.

[puiwah]

My lawyer called up the New Zealand consulate today on my behalf. They told him that all we had to do was send in I-140 information and original I-140+I-824 receipt notices - no I-485 required.

[xgladiator]

RE. CP-CJ.

Thanks for the info puiwah.
Appreciate sharing it.

-xg

[immihelp]

Re: RE. CP-CJ.

xgladiator asked about the CP at Jaurez. And there I-485 must have been filed before they would accept your application.

You can verify this by sending them an email.

[snayak]

HI All,
it is entirely possible that each consulate makes a different policy about accepting these pending I 485 cases.
I would suggest that you contact your "home" consulates about the necessary documents.

I have also written to chennai and am waiting their reply. If they say they dont require I 485 I might end up saving a ton of money. also looking at all this confusion, has anyone ever considered what will happen if Ciudad does not accept your case at all? After all applying to Ciudad is a discretionary case. I am assuming most people here are NOT from Mexico. pardon me for that. you will end up sending a sensitive document like your original I 140 which will get stuck and you may not be able to try your luck at madras for the same. Even though INS sends out 2 originals, I am not sure if your employer would like to give you the original they hold.

Anyways guys..
anyone planning to do anything with this kind of processing ..please please please post what you have done where you have done and what you have done. I am sure a lot of people will benefit from your actions

Thanks
SAngeeta

[puiwah]

Another footnote to this discussion:
You should definitely check with your home consulate to see whether they are following the DoS memo before considering Juarez.

I went to Juarez to collect my first H1b back in '95 and suffice it to say that I would *much rather* take my family all the way back to Auckland, New Zealand for consular processing despite the extra cost and effort.
I'm not sure if things have changed at the Juarez consulate and the Mexican border during the last five years since I was there but the queues at both the consulate and the border were extremely long (>2 hours) Not a baby-friendly environment by any means.
Perhaps others out there who have been to the Juarez consulate more recently could share their experiences so people reading this bulletin board know what they are in for when they consider going there...
Also for what it's worth I hired Victor Garcia and he did a really excellent job getting us to the consulate and back safely.

[lakshmi]

We have just applied for I824 with the VSC. In OF169 I need to fill out the Case Number. I know that the
Case Number will be generated by the NVC when I824 is approved by VSC and sent to NVC, but we are going to send out the Packet 3 with just the I824 receipt notice(from the new rule that the State Department sent to all the consulates).

1) How will a Case Number be generated for me?
2) Do we know that Chennai will be accepting these kind of applications with just the I824 receipt notice, I140 original notice and Packet 3?

Could you please answer these questions.

Thanks in Advance.