CHANGING APPLICATION PREFERENCE

The decision to file for LPR in the U.S. or at a consulate is indicated when filing the I-140 petition for an immigrant visa with INS. When the I-140 has been approved and the foreign national is eligible to apply for permanent resident status, the application preference may be changed at that time. However, a change from Adjustment of Status to Consular Processing requires additional forms to be filed, as the I-140 approval has to be forwarded to the National Visa Center from the appropriate service center.

  1. AOS TO CONSULAR PROCESSING: If the FN changes his/her mind, and wants to file his/her application for permanent residency status via Consular processing as discussed above, it is possible. To do so the employer must file Form I-824 to have the file transferred from the INS Service Center in the U.S. to the National Visa Center. Processing times for Form I-824 may be 12 months or more. Once the I-824 is approved BLC must wait for Visa Packet III from the NVC to complete the DS-169 and file the application.
  1. AC-I-140: If the FN changes his/her mind, and wants to file his/her application for permanent residency status via Consular Processing and does not want to wait for the I-824 approval and Visa Packet III from the NVC as discussed above, it is possible to file directly with the foreign consulate with the I-824 receipt. To do so the employer must file Form I-824 with the INS Service Center as stated above. Once the I-824 receipt is received BLC can prepare an Attorney Certified I-140 Package (certified copy of the I-140 petition & original I-140 approval). The FN must then mail or deliver the package to the foreign consulate his/herself. Once the foreign consulate accepts the package BLC can prepare the standard CP forms. The option is not available at all consulates.
  1. CONSULAR PROCESSING TO AOS: If the FN changes his/her mind and would like to process via the Adjustment of Status process in the U.S., it is possible; however, INS may request the file from the American Embassy before adjudicating the application. Processing time will be delayed because only governmental entities can request files. Although no forms are required, the National Visa Center should be contacted to withdraw the Consular Processing case.

Baker Law Corporation10/27/2018