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Can you proceed with CP if your AOS get denied? If so, how long would USCIS take to transfer your application back to NVC?

Chicago, IL |

Applied for AOS based on approved I-130 (Family Based F1).
PD: March 2005
Ground for Denial: 2 months of Unauthorized work
Current Status: H1B

Attorney Answers 3


  1. Best answer

    You can do it. There is a very wide range of times it may take, you should file an I-824 Request for Action on an Approved Petition [i.e., the I-130] ASAP.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


  2. I agree with Mr. Berman. You need:

    1. a lawyer
    2. to file an I-824

    FORMER IMMIGRATION LAW PROFESSOR -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.


  3. Yes, you can, but there are considerations that must be taken into account. Also, USCIS does not transfer a case automatically. The process can take 9 to 12 months. Consult with an experienced immigration attorney who can review your case and advise you what to expect.

    -----------
    Jeffrey A. Devore, Esq.
    Board Certified Immigration Attorney
    Devore Law Group, P.A.
    2925 PGA Blvd., Suite 204
    Palm Beach Gardens, FL 33410
    Telephone: (561) 478-5353
    Facsimile: (561) 478-2144
    Skype: jeffrey.a.devore
    email: jdevore@devorelawgroup.com
    web: www.devorelawgroup.com

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