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  • consular processing advise

    Hi, I am on H1b visa and work at University. I am in the proces of applying for green card. My husband is on H4. He worked here without permit for over 3 years. My lawyer said that he can't adjust his status here with me. He told me that the best option for him and me in this case is to go to my home country and do the whole consular processing. He said that I will not have any problems with my greencard whenever I apply but my husband can apply only in our homecountry. He said that although he worked without work permit here he is here legally till I will get my green card. Does can give me opinion what to do? Does anybody was in similar situation? Are there any Polish citizens on this forum who went through interview in Warsaw? What are the chances that my husbend will get green card? My lawyer said that he thinks he has 80% chance to get it in consulate. Please help!
    darnia

  • #2
    Hi, I am on H1b visa and work at University. I am in the proces of applying for green card. My husband is on H4. He worked here without permit for over 3 years. My lawyer said that he can't adjust his status here with me. He told me that the best option for him and me in this case is to go to my home country and do the whole consular processing. He said that I will not have any problems with my greencard whenever I apply but my husband can apply only in our homecountry. He said that although he worked without work permit here he is here legally till I will get my green card. Does can give me opinion what to do? Does anybody was in similar situation? Are there any Polish citizens on this forum who went through interview in Warsaw? What are the chances that my husbend will get green card? My lawyer said that he thinks he has 80% chance to get it in consulate. Please help!
    darnia

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    • #3
      remind us (Americans) again....why should we reward your irresponsible, law breaking husband? Holders of H4 visas are not ALLOWED to work in the US...or do Polish H4s receive a special exemption? I am sure you both knew the rules, but decided you were above our laws and now you are all worried because you broke them and will get caught....oh boo hoo boo hoo....it's called being a law abiding, responsible adult. Obviously we made a mistake giving him the visa and with any luck the US won't make it again.

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      • #4
        Hi, I am on H1b visa and work at University. I am in the proces of applying for green card. My husband is on H4. He worked here without permit for over 3 years. My lawyer said that he can't adjust his status here with me. He told me that the best option for him and me in this case is to go to my home country and do the whole consular processing. He said that I will not have any problems with my greencard whenever I apply but my husband can apply only in our homecountry. He said that although he worked without work permit here he is here legally till I will get my green card. Does can give me opinion what to do? Does anybody was in similar situation? Are there any Polish citizens on this forum who went through interview in Warsaw? What are the chances that my husbend will get green card? My lawyer said that he thinks he has 80% chance to get it in consulate. Please help!
        If you return to your home country, you will have problems obtaining the green card via. consular processing no matter what the circumstnces were on your husband. Your lawyer is suggesting lottery visa for the green card.
        From my understanding that once you get your green card, you can apply for your husband as soon as the green card is approved via the I-130 and I-485 processing. It is complicated and long but I think you should seriously consider a second opinion.
        "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

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        • #5
          Which is Better? Adjustment of Status or Consular Processing?

          Persons residing in the United States with approved visa petitions whose priority dates are current usually have the option of (1) adjusting their status in the U.S. or (2) obtaining an immigrant visa abroad through consular processing.

          If you are one of these persons, what is the best option for you? There is no "one size fits all" answer. The answer for you depends on you, the facts of your case and your tolerance for risk.

          Below are some of the advantages/disadvantages of both adjustment of status and consular processing:

          Adjustment of Status
          * Interview - In employment-based cases, INS does not usually conduct an interview. In family-based cases, they do. If there is an interview, you have a right to have your attorney accompany you.

          * No Need to Travel Abroad - There is no need for you to travel abroad. This is especially important if your interview goes sour. If the INS requests additional information or decides to conduct an investigation into your case, you can return to your job and family while the case is in progress.

          * Due Process Rights - Let's suppose that the worst case scenario occurs: INS investigates your already-approved visa petition and decides it might have been granted in error. In this case, the INS must first serve your petitioner with a Notice of Intent to Revoke (NOIR) your petition. The petitioner may attempt to rebut the information contained in the NOIR. Even if the INS ultimately decides to revoke the petition, its decision may be appealed to the INS's Administrative Appeals Office (AAO) in Washington, D.C. If the AAO affirms the decision to revoke the petition, this decision may be challenged in Federal Court. Only when the revocation becomes final may the INS rule on your application for adjustment of status. In the meantime, you are entitled to renew your Employment Authorization Document (EAD) and your Advance Parole travel document on an annual basis.

          * Waivers of Inadmissibility - What if you are not admissible for permanent residence because you have been convicted of a crime or have committed immigration fraud? You may be entitled to seek a waiver on the ground of inadmissibility. If INS denies your waiver request, you may appeal the denial to the AAO.

          * Right to Renew Adjustment Application in Immigration Court - What if your adjustment application is denied? In most cases, you can renew your application before an Immigration Judge in a removal proceeding. However, if your visa petition has been revoked, the Judge has no jurisdiction to overrule the INS's decision to revoke the petition. Even if you are not able to renew your adjustment application before the Judge, you may be eligible for alternate forms of relief from removal including cancellation of removal, asylum, etc.

          * 180-Day Portability Rule - If, in the case of an employment-based petition, the INS fails to decide your application for adjustment of status within 180 days, you have the right to change to another job as long as the new job is in the same or a similar occupation.

          Consular Processing
          * Speed - While it may take you from a few months to over two years to adjust your status, you may be able to obtain an appointment for consular processing in a much faster time frame.

          * Interview - You will always be required to submit to an interview if you choose consular processing. You will need to submit additional documents not required for adjustment of status such as police clearances from every location in which you resided since your 16th birthday.

          * Lack of Due Process - If the consular officer denies your application for an immigration visa, there is no formal appeal process. You, or your attorney who is usually in the U.S., can plead your case with the Chief of the Immigration Visa Section of the U.S.Embassy/Consulate where your interview was conducted. You can also request an "advisory opinion" from the State Department in, Washington, D.C. if you believe that the consular officer has misapplied the law. However, you may not challenge the officer's decision in the Federal Courts. In fact, you can not return to the U.S. unless you are in possession of an advance parole or a valid nonimmigrant visa which permits "dual intent" like an "H-1B" or an "L". Normally, if the consulate needs more information, requires a waiver or returns your visa petition to the INS for revocation, you are forced to remain abroad until, and unless, your immigrant visa application is granted.

          To sum it up.......... while consular processing may save you time, it is only advisable if your case is "squeaky clean". Given the various problems which may occur, even in clean cases, consular processing is not for the faint of heart.
          http://www.h1base.com/page.asp?id=226

          This is more info on the pros and cons on employment based GC and counselar processing.
          "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

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          • #6
            Thank you Hudson, it is nice to see that some people on this website are trying to be helpful when others, like this idiot Someone12 are not of help at all. Hey Someone 12 I bet that you are some kind of redneck, aren't you? You should be thankful that your country is getting some educated people like us. I hope that you will find yourself in situation like ours than you will understand how it is to e treated like you treated us. Anyway it is time for US immigration law to be changed to more resonable one, so people will not have to break it. For your info my husband is well educated and hard working person and he loves this country, but there is no way that young man like he will seat at home for 5 years and count on his wive money. I bet that's what you are doing.
            darnia

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            • #7
              remind us (Americans) again....why should we reward your irresponsible, law breaking husband? Holders of H4 visas are not ALLOWED to work in the US...or do Polish H4s receive a special exemption? I am sure you both knew the rules, but decided you were above our laws and now you are all worried because you broke them and will get caught....oh boo hoo boo hoo....it's called being a law abiding, responsible adult. Obviously we made a mistake giving him the visa and with any luck the US won't make it again
              ___________________________________

              [COLOR:BLUE][B]When the creations of a genius collide with the mind of a layman, and produce an empty sound, there is little doubt as to which is at fault.

              One day it will have to be officially admitted that

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              • #8
                when is your priority date darnia?

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                • #9
                  how we treated you? We (the US of A) gave you the privilege of working in MY country and this is how you repay that act? By ignoring our rules, then whining about how those rules should be changed because you and your slimeball husband broke them? What interesting "logic." So tell me, which country do more people want to be a part of...? The US or Poland? EZ answer.....I wonder why. Actually I don't because your actions and response says it all about your character (or lack thereof).

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                  • #10
                    Thank you Hudson, it is nice to see that some people on this website are trying to be helpful when others, like this idiot Someone12 are not of help at all. Hey Someone 12 I bet that you are some kind of redneck, aren't you? You should be thankful that your country is getting some educated people like us. I hope that you will find yourself in situation like ours than you will understand how it is to e treated like you treated us. Anyway it is time for US immigration law to be changed to more resonable one, so people will not have to break it. For your info my husband is well educated and hard working person and he loves this country, but there is no way that young man like he will seat at home for 5 years and count on his wive money. I bet that's what you are doing.
                    You are welcome. Yes, the immigration laws need to be changed to be more reasonable.

                    And yes, I can sympathize with you and your husband's predictament. Wish you the best of luck. Again, I urge you to get a second opinion. Your situation is not unique and based on what you are facts about your husband not able to sit at home, and perhaps with your husband's education background, it is very possible for you and your husband to adjust your status to GC. IT will depend on your priority date though on how quickly.
                    "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

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                    • #11
                      My priority date is now.
                      darnia

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