Q: How do I change from Adjustment of Status to Consular Processing?
I filed 130 for my parents and that has been approved.
My parents filed 485 and that is waiting for an interview since Oct 1st.
For various personal reasons (including a wait time in San Francisco between 10.5 and 30.5 months, they would like to move this to Consular Processing in India.
1) Can this be done using I-824. Does this have to be done before leaving the USA or can it be done from India.
2) Who fills out 824, is it the petitioner (filling out 130) or the beneficiary (filling out 485)
3) Given that their 485 is ready for interview, does it mean a relatively short time for Consular Processing or will it essentially reset the processing.
Thanks in advance.
A:
Answers:
(1) It can be done from India, but be aware that leaving the USA will TERMINATE the I-485.
(2) The petitioner.
(3) It's a new process, with a different agency. Start over.
Do you know how long it is taking for processing thru Mumbai? Might still be best to stay here and adjust. Did you apply for work permits? If your parent or parents are working, it might change their perspective on waiting.
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