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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

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Attorney answers 3


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.


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.


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

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