Q: Can i switch from consular processing to adjustment of status for my spouse's case and how can it be done ?
I initially selected consular processing for the i 130 on my husband's petition but now we want to switch and go the adjustment of status route. Does he have to be in the states for us to switch to that? Provided that we meet the uscis eligibility criteria?
An adjustment of status is permitted if your spouse has lawfully entered the U.S. without preconceived intent or is in possession of a dual intent visa.
Since you posting is lacking information I am assuming that you are a U.S. citizen.
A: If you already started the process as a consular process, it may better to complete it that way. If you are a US citizen it should not take long to get the I-130 approved and move forward with the consular process part. Best to you.
A: Depending on the facts of your case, this may be possible. It would likely be best for you to schedule a consultation with a competent immigration attorney who can discuss with you whether under your circumstances it is possible and advisable. Many attorneys during this COVID-19 crisis are offering online video or telephone consultations. Good luck.
Consular Process and Adjustment of States are two different ways to make your Husband a legal resident.
Seems your husband is in his country of origin and thus you had to chose consular process. If your husband were to have been legally in the U.S. you could have chosen to adjust his status while remaining in the U.S.
Since you already commenced the process via consular process most likely your husband will not be able to enter the U.S. as a tourist, should he already have a tourist visa. Having a visa to enter as a tourist means his intentions are to stay for a short amount of time in the U.S. However, if his intention really is to come to adjust his status, he will be lying to the CBP immigration officer at the port of entry. And lying to obtain an immigration benefit (ie enter the US) is never in his best interest.
I know living apart is hard for a marriage. However, since you already started the consular process I strongly suggest you continue this process. Of course, I also suggest you hiring an immigration attorney to help you with the following steps in the process.
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