I received a response from NVC informing me that my stepson's application for an "immigrant visa" is now ready to be process and was instructed to send US$88 for AOS fee. On the very same leter, there was also a mention that, " if the applicant intends to file an adjustment of status with the USCIS", I should inform the NVC first before sending in any fees. Does this mean that there will be more paperwork to be submitted and the processing time will take longer before his case be send over to American Consular abroad? And normally, how long does this process takes? Thank- you very much.
Your question is confusing. If your son is eligible to adjust his status, he can submit his application now. The processs usually takes 4-6 months. If not, he needs to complete his paperwork with the NVC and they will send his paperwork to the US Embassy abroad. The process will be even shorter.
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Carl Shusterman, Esq.
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(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
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The very fact that your case is at NVC means that you had indicated in your green card petition (also known as immigrant visa petition) that you are seeking consular processing and not adjustment of status in the US. If this is what you wanted, then it should take a few weeks from the moment you submit the required documents to transfer the case to the embassy. If this is not what you wanted, consult a lawyer ASAP. I generally recommend using a lawyer for this long and document-intensive and sometimes confusing process.
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I agree with my colleagues.
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