| Sajha.com Archives | |
| Username | Post |
| babaji | Posted
on 21-Jul-03 01:55 PM
Does anyone know what is the process for using Consular Service for getting a green card? |
| yogi | Posted
on 21-Jul-03 02:27 PM
Babaji: Instead of doing adjustment of status within the United States, you can file for your green card and face interview ouside the US . It does not have to be in your country of origin though. This is a good idea only if your paper work is not totally perfect. I mean if you have violated your status or overstayed in your nonimmigrant visa, then cousular processing is a good option. Even if there were some problems in the past which I don't mean you had you should be able to file adjustment of status by paying $1000.00 fine. I will tell you one thing though. If you have by any chance strayed from any immigration law in the past, I would advise you to pay $1000.00 right away without thinking twice, that way you are helping to increase government revenue and you will get your cards quicker than who hesitate to pay. Hope it helps :) yogi |
| chyante | Posted
on 21-Jul-03 02:28 PM
babaji, I assume you are in labor certification process right now. After you get the approval from labor department, you need to file I-140 with INS. You need to specify either cousular processing or adjustment of status while filing I-140. If you indicate cousular porcessing, once the I-140 is approved, INS will send your documents to National Visa Center in KY for further processing. NVC will send you something called "Packet 3" and forward your documents to the embassy in Nepal (assuming that you are a Nepali citizen). It will take somewhere between 30 to 90 days. Once your documents are received by the embassy in KTM, they will contact you for an interview. I strongly suggest you to check with the embassy a couple of weeks after you receive your "packet 3". Embassy takes somewhere between 30-90 days to acknowledge that they received your documents. Don't be surprised if you get responds like you get from Nepali govt. employees from US Embassy Nepali staffs. If they call you up for the interview, try to be in KTM 2 weeks in advance for medical check ups and any other unforeseen circumstances. As soon as you land in KTM, call up the embassy and set a date to pick up the necessary paperworks and ask them if you need to bring any documents or photographs. (They will not give you any infos unless you ask for it) Be prepared to wait almost all day at the embassy gate before they call your name and let you in even if they asked you to be there at 10am. For further info, check http://imminfo.com/Knowledgebase/Immigrants/CP.html Hope this helps and good luck. |
| Ki-Ra | Posted
on 21-Jul-03 03:17 PM
I think timi haru le dherai football khelya raichau. Dherai cricket herera hola yesto bha ko. Red card + Yellow card = Green card. But u have to be care .. u should get yellow card first then get Red card or else if u go the other way round, u get out of maidan. Ki-Ra |
| marich | Posted
on 22-Jul-03 06:22 AM
Yogi , ra babaji bhanya yeutai hoina, ya sajha ma nabhaye ni nam ko artha ko kura garya..hehe. Yogi ji, Tyo $1000 tirera yetai adjust garne tyo status bhannelai yetai basera bhanne chai jangali hattilai nanglo thathyera tarsa jasto kura bhayo. That lasted till 2001 due to all the extensions and what not. they don't allow you to do that anymore. unless you have filed your application for labor cert on or before april 31 2001, if i am corect. Aba banki rahyo ghar gayera conselar ho ki chancellor ho processing, tyo chai ya bata niskine bittkai you have that thing so called 3 yr and 10 yr bar, depending upon your violation. best of luck hai..mero bicharma plan B sounds better..(katti na janne lawyera bha ke) aja sajhama yeso herya kehi dekhina ali interest lagne kya..ani kyai ta lekhnai paryo nabhaye ta pet ma thunder rolling down under huna la bhera ..ani lekhya kya.. |
| Nirvana | Posted
on 22-Jul-03 07:55 AM
Just to clarify Yogi Ji's posting. I believe, it is the other way around. Consular Processing (CP) is a good idea only if your paper work is TOTALLY PERFECT. If you go out of US for CP and If you have worked without work-authorization and if you were out of status for more than 6 months and a year sometimes during your stay in US, you could be bared to enter US for 3 to 10 years no matter how good your sponsorship is. These days CP is little riskier than adjustment of status(AOS) in US. However, CP is much faster process than AOS. And, I believe, there is no more of paying $1000 fine(after April 30, 2001 dead line) and using AOS if you are already out of status more than 6 month. I believe, you can still use AOS if you are NOT out of status more than 6 month(less than 180 days) or work without work-authorization. But, please do consult good Immigration lawyer before you proceed. You can also check immigraiton related WEB sites for more info. I like www.immigrationportal.com and www.shusterman.com the best. Good luck!! |
| maiyanaani | Posted
on 22-Jul-03 04:26 PM
Can a student who is out of status apply for AoS?? |
| yogi | Posted
on 22-Jul-03 08:57 PM
Nirvanaji, I think you gave babaji a very thorough advice. Just one thing though, if your paper work in flawless why would somebody want to take a risk by CP? Once you leave US , things can get more difficult. For most Nepalese , there would be some inconsistencies anyways. Just a passing thought. yogi |
| yogi | Posted
on 22-Jul-03 09:00 PM
maiyanaani It depends the lenght of your over saty and nature of violation of status but yes you can file AOS if you are married to a US citizen and you do not have to pay $ 1000.00 fine. Koi khojne ho ki kaso? Yogi |
| thapap | Posted
on 23-Jul-03 12:31 AM
yogi jyu, i will answer a part of your question. If you go for counsellor processing then you get your GC in less than 4 months. But if you wait for AOS via I-485 "it is taking between 360 to 485 days" [Quoting INS] depending on the service center |
| Nirvana | Posted
on 23-Jul-03 10:22 AM
Ditto thapap Ji- CP is riskier but if you know your case is flawless then you get your green card with in 6 months. With AOS it can take up to 2 years or even more. I know a friend who is waiting for more than 1 1/2 years on AOS and he has not received any update from INS (known as BCIS now) yet regarding his case. |