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  • Lawyer said CP is ...

    I have spoken with a lawyer that works for my company (but does not represent my case).
    She said that AOS is a much better option because:
    1) AOS is for people already in US.
    2) AOS in California is much faster lately.
    3) CP requires travel, in extreme cases, more than once.
    4) CP you must interview without legal representation or attorney with you.
    5) Consular officer has more discretion to reject cases.
    6) Rejected cases, except missing documents, are final.
    7) One may get stuck outside US, passport taken away from him/her.

    Through extensive reading and research, I list the following counter claims:
    (1) above is true, but CP is also for people already in US.
    (2) There were cases of 2.5 - 3 months to approve I-485. However, in my opinion, there are many others from 98,99 that did not have their's approved - what raises the suspicion that this is random and can change or maybe already has changed and I found some (non conclusive) evidance to back that last statement.
    (3) true, yet extemely unlikely for someone to travel more than once.
    (4) the interview, I believe, is mere factual questions on what they already asked on OF-230 and other forms. Unless someone has something to hide, there should not be any reason for concern.
    (5) simply not true, for all I know and read. Quite the opposite -> an officer MUST approve request UNLESS there is clear, definitive reason (e.g. fraud, police record, illegal stay in US) why he should not.
    (6) true. See also (5).
    (7) in case of fraud, that might be possible, though I doubt they can take possession of one's passport.

    I would like to hear what other people's lawyers have told them, or to simply here comments on the above.

  • #2
    My lawyer says AOS

    Because lately, AOS has been faster. I am talking about TSC. People are getting Plastic Cards in less than 6 months.

    It is also true that those who filed in Dec 99 for AOS are still waiting. But only some of them. Many got Plastic cards by June 2000.

    With the new processing trend, AOS sounds promising. Of course, no one can tell the time when it comes to INS. It is just the fact that CP happened to be more predictable than AOS.

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