ginstwin

I am currently awaiting for approval of I-526 (EB5) .
I am in the USA on a B2 Visa
I have 150 days left on my I-94

Hypothetically speaking as i am trying to get my "ducks in a row". If i was to get approved lets say this week , can I apply for a change of status and get processed in the USA as against going to the UK for consular processing?

If so can anyone advise as to the pros and cons and also what sort of current processing time there are.

Many thanks and all answers appreciated.

ginstwin

I really would appreciate some views. I really value the input on here.

Yes, i can ask my lawyer but i prefer to get real answers from people who have experienced change of status etc.

I am anticipating I-526 approval very shortly and just want to know if in my situation change of status would be applicable/advisable. I would prefer it to having to retunr to London for probably 14 days minimum and the costs that involves.

After saying that if there are pros and cons i would great appreciate hearing them.

scrubbedexpat099

Are you OK being landlocked?

ginstwin

Yes , depending on how long .

We intend to be here for the rest of the I-94 time (5 months) as it stands.

Just really would like to avoid the time and cost of Uk consular process if at all possible. When i say time i mean a 2-3 week trip to uk that i dont need and the cost of hotels/flights etc.

BTJ

You can apply for an adjustment of status (AoS) using I-485 if the I-526 is approved. Whilst this is processed you cannot leave the US as this will make the AoS be considered abandoned, but you can legally stay until the application is completed. In order to overcome this "landlocked" state you can apply for an Advanced Parole (AP) using I-131 which will allow you to leave the US and re-enter as a parolee if you wish without abandoning the AoS. This can take up to 90 days to process.

Additionally you can apply for an Employment Authorisation Document (EAD) using I-765 which will allow you to get an SSN and work. The EAD and AP are now issued on the same credit card sized card. The I-131 and I-765 are free to file with the I-485.

All family members that are eligible for AoS can file for AP and EADs.

I know that an AoS from being a Waiver Tourist is often not possible and frowned upon when it is possible, not sure how AoS from B-2 is viewed though.

ginstwin

Thats really helpful info. I believe as we have B2 Visas we can apply.

Do you know how long the processing takes ? I think it takes roughly 3 months from approval to interview using consular processing. Just wondering how long it roughly takes processing in the USA. If its roughly the same time then its the way to go for me. If its a 6 month plus process that becomes an issue.

BTJ

You can check the processing time for I-485 at your local USCIS field office here, however I think there is a good chance it'll take 6 months.

ginstwin

Thats great , my local field office is showing 4 months so looks a good possibility.

I really think in my position its a positive alternative as i really dont want the expense of a 2 week plus trip to the UK if i can possibly avoid it.

I assume nothing needs to be done prior to I-526 approval . In other words i assume I dont tell USCIS yet that if i am approved i would like to be processed in the USA?

Havnfun

We looked at doing this back in 2008/2009. We applied for our EB5 Visa in 2007 and then in 2008 moved to the US on an L1/L2. We asked our lawyers about changing status in the US instead of going to Montreal for our interview and they said it was too hard to do and would take too long to change it from Consular Processing so we ended up going back to Canada in 2009 for our interview. Don't know if it was just our lawyer was lazy or it really was a pain to do What does your lawyer charge an hour? It may be cheaper to fly back to London vs. the fee the lawyer will charge for the extra work.

ginstwin

The lawyer isnt cheap thats for sure! To be honest even if it was the same price (it will probably cost us at least $10,000-12000 to go to london and stay for 2 weeks) I would rather do it from here. I have no additional need to go to the Uk .

I will find out the lawyers fee .
Still checking the USCIS site daily for any sign of my I-526 approval (RFE similar to yours back in 2008) taking forever.

DavidLemon

Where the heck you staying at those prices?

ginstwin

London isnt cheap and by the time you count in all the "extras" it will certainly be 10k for 2.

Flights, hotel, eating out all the time. Plus 2 weeks in London that i really dont need. And 2 weeks is the real minimum (probably more) if i can arrange a medical and interview on the same trip.

Havnfun

We only had to stay in Montreal for a week. We had our medicals three days before our interview but we were able to pick our passports at the embassy the day after our interview.

Noorah101

London does not allow you to go in person to pick up your passport. They send it back via courier to a UK address you provide. It can take up to 7 - 10 days to get the passport back with visa inside.

Rene

BTJ

From what I've read moving from Consular Processing to AoS is not at all an issue. You simply file I-485 as if you'd always wanted to do an AoS. The only difference is that NVC will likely get into contact with you and you simply advise them you are doing an AoS with USCIS (and make sure you don't pay NVC any money!)

Going from AoS to Consular Processing is a bit more of a pain though - some extra forms to file and a wait involved.