Where does an approved I-601A applicant adjust status: at the U.S consulate in his native country or in the local USCIS office?

Just out of curiosity: when a USC petitions a husband who entered without inspection and the petition is approved and then the I-601A waiver is filed and approved...where does the applicant adjust status: at the U.S consulate in his native country or in the USCIS office where he lives?

West Palm Beach, FL -

Attorney Answers (5)

Ji Min Kim

Ji Min Kim

Immigration Attorney - Tacoma, WA
Answered

At the US Consulate in his native country. The husband does not adjust status. He has to be interviewed for immigrant visa in his country.

Arturo R Rios

Arturo R Rios

Immigration Attorney - Saint Petersburg, FL
Answered

He will have to return to his or her country and complete the consular process there. When he or she returns to the United States, they will enter as lawful permanent residents.

The answers provided herein are based on limited facts and information, and therefore cannot substitute a formal... more
Justin G. Randolph

Justin G. Randolph

Immigration Attorney - Chicago, IL
Answered

Outside of the US at the consulate or embassy in his native country.

My answering this question does not form an attorney-client relationship. Always retain a qualified attorney... more
Alexander Joseph Segal

Alexander Joseph Segal

Immigration Attorney - New York, NY
Answered

Such applicant does not adjust status at all.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
Jeffrey Adam Devore

Jeffrey Adam Devore

Immigration Attorney - West Palm Beach, FL
Answered

Adjustment of Status only occurs inside the United States. Under these facts, the alien must consular process for an immigrant visa abroad at an American Embassy or Consulate. An I-601A only provides a provisional approval to waive unlawful presence. It does not waive other grounds of inadmissibility and if one is determined by a consular officer, the I-601A approval is automatically revoked. It is therefore best to consult with an experienced immigration attorney to review any potential grounds of inadmissibility prior to take any action in this regard.

While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for... more

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