Purcellville, VA asked in Immigration Law for Virginia

Q: Is it safe to go to Warsaw for an interview if we have an AOS case going here?

Is it safe to go to Warsaw for interview if we have an AOS case going here?I applied for my mom`s green card frm Russia, but then the embassy closed there so she came to the US and we applied for aos. We recntly got an invite for this interview in Poland and haven`t heard anything from immigration in US

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2 Lawyer Answers
Fariba Faiz
Fariba Faiz pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • San Francisco, CA

A: You either file an Adjustment of Status or you consular process. Only applicants present in the US are eligible to apply for AOS. Applicants who are abroad process at the consulate. So, if your mom is present in the US and she has filed for AOS, then she will most likely receive her green card in the US.

Otis Landerholm agrees with this answer

Otis Landerholm
Otis Landerholm
  • Immigration Law Lawyer
  • Oakland, CA

A: If your mom is eligible for AOS, and if she leaves the US without an advanced parole document, she will "abandon" her AOS case. My best advice is to talk this strategy through well with a lawyer first. I would almost never recommend that a person leave the US to process a case at the US consulate especially if they have a strong case for AOS here. Good luck!

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