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

West Palm Beach, FL |

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?

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Attorney answers 5


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 before taking any action. My office offers free consultations.


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.


Such applicant does not adjust status at all.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


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 general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.


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 consultation with an experienced immigration law attorney, nor can the answer be construed as establishing an attorney-client relationship.